reglab/statecodes huggingface dataset:
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5a - Uniform Transfers to Minors Act › Section 104 - Nomination of custodian.

75-5a-104.
Nomination of custodian.
(1)
(a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: "as custodian for ............... (name of minor) under the Uniform Transfers to Minors Act."
(b) The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve.
(c) The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.
(2) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under Subsection 75-5a-110(1).
(3) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under Section 75-5a-110. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property under Section 75-5a-110.
Enacted by Chapter 272, 1990 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5a - Uniform Transfers to Minors Act › Section 105 - Transfer by gift or exercise of power of appointment.

75-5a-105.
Transfer by gift or exercise of power of appointment.
A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor under Section 75-5a-110.
Enacted by Chapter 272, 1990 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5a - Uniform Transfers to Minors Act › Section 106 - Transfer authorized by will or trust.

75-5a-106.
Transfer authorized by will or trust.
(1) A personal representative or trustee may make an irrevocable transfer under Section 75-5a-110 to a custodian for the benefit of a minor as authorized in the governing will or trust.
(2) If the testator or settlor has nominated a custodian under Section 75-5a-104 to receive the custodial property, the transfer must be made to that person.
(3) If the testator or settlor has not nominated a custodian under Section 75-5a-104, or all persons nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under Subsection 75-5a-110(1).
Enacted by Chapter 272, 1990 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5a - Uniform Transfers to Minors Act › Section 107 - Other transfer by fiduciary.

75-5a-107.
Other transfer by fiduciary.
(1) Subject to Subsection (3), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor under Section 75-5a-110, in the absence of a will or under a will or trust that does not contain an authorization to do so.
(2) Subject to Subsection (3), a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to Section 75-5a-110.
(3) A transfer under Subsection 75-5a-110(1) or (2) may be made only if:
(a) the personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor;
(b) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument; and
(c) the transfer is authorized by the court, if it exceeds $10,000 in value.
Enacted by Chapter 272, 1990 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5a - Uniform Transfers to Minors Act › Section 108 - Transfer by obligor.

75-5a-108.
Transfer by obligor.
(1) Subject to Subsections (2) and (3), a person not subject to Section 75-5a-106 or 75-5a-107 who holds property of or owes a liquidated debt to a minor not having a conservator, may make an irrevocable transfer to a custodian for the benefit of the minor under Section 75-5a-110.
(2) If a person having the right under Section 75-5a-104 has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.
(3) If no custodian has been nominated under Section 75-5a-104, or all persons nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds $10,000 in value.
Enacted by Chapter 272, 1990 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5a - Uniform Transfers to Minors Act › Section 109 - Receipt for custodial property.

75-5a-109.
Receipt for custodial property.
A written acknowledgment of delivery by a custodian is sufficient receipt and discharge for custodial property transferred to the custodian under this part.
Enacted by Chapter 272, 1990 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5a - Uniform Transfers to Minors Act › Section 111 - Single custodianship.

75-5a-111.
Single custodianship.
A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this part by the same custodian for the benefit of the same minor constitutes a single custodianship.
Enacted by Chapter 272, 1990 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5a - Uniform Transfers to Minors Act › Section 112 - Validity and effect of transfer.

75-5a-112.
Validity and effect of transfer.
(1) The validity of a transfer made in a manner prescribed in this part is not affected by:
(a) failure of the transferor to comply with Subsection 75-5a-110(3) concerning possession and control;
(b) designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under Subsection 75-5a-110(1); or
(c) death or incapacity of a person nominated under Section 75-5a-104 or designated under Section 75-5a-110 as custodian or the disclaimer of the office by that person.
(2) A transfer made under Section 75-5a-110 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this part. Neither the minor nor the minor's legal representative has any right, power, duty, or authority regarding the custodial property except as provided in this part.
(3) By making a transfer, the transferor incorporates in the disposition all the provisions of this part and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this part.
Enacted by Chapter 272, 1990 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5a - Uniform Transfers to Minors Act › Section 113 - Care of custodial property.

75-5a-113.
Care of custodial property.
(1) A custodian shall:
(a) take control of custodial property;
(b) register or record title to custodial property if appropriate; and
(c) collect, hold, manage, invest, and reinvest custodial property.
(2) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use the skill or expertise. However, a custodian may, in his discretion and without liability to the minor or the minor's estate, retain any custodial property received from a transferor.
(3) A custodian may invest in or pay premiums on life insurance or endowment policies on:
(a) the life of the minor only if the minor or the minor's estate is the sole beneficiary; or
(b) the life of another person in whom the minor has an insurable interest only to the extent the minor, the minor's estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary.
(4)
(a) A custodian shall at all times keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor.
(b) Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: "as a custodian for ............... (name of minor) under the Uniform Transfers to Minors Act."
(5) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor is 14 years of age or older.
Enacted by Chapter 272, 1990 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5a - Uniform Transfers to Minors Act › Section 114 - Powers of custodian.

75-5a-114.
Powers of custodian.
(1) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only.
(2) This section does not relieve a custodian from liability for breach of Section 75-5a-113.
Enacted by Chapter 272, 1990 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5a - Uniform Transfers to Minors Act › Section 115 - Use of custodial property.

75-5a-115.
Use of custodial property.
(1) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to:
(a) the duty or ability of the custodian personally or of any other person to support the minor; or
(b) any other income or property of the minor which may be applicable or available for that purpose.
(2) On petition of an interested person, or the minor if the minor is 14 years of age or older, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.
(3) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
Enacted by Chapter 272, 1990 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5a - Uniform Transfers to Minors Act › Section 116 - Custodian's expenses, compensation, and bond.

75-5a-116.
Custodian's expenses, compensation, and bond.
(1) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties.
(2) Except for one who is a transferor under Section 75-5a-105, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.
(3) Except as provided in Subsection 75-5a-119(6), a custodian need not give a bond.
Enacted by Chapter 272, 1990 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5a - Uniform Transfers to Minors Act › Section 117 - Exemption of third person from liability.

75-5a-117.
Exemption of third person from liability.
A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining:
(1) the validity of the purported custodian's designation;
(2) the propriety of, or the authority under this part for, any act of the purported custodian;
(3) the validity or propriety under this part of any instrument or instructions executed or given either by the person purporting to make transfer or by the purported custodian; or
(4) the propriety of the application of any property of the minor delivered to the purported custodian.
Enacted by Chapter 272, 1990 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5a - Uniform Transfers to Minors Act › Section 118 - Liability to third persons.

75-5a-118.
Liability to third persons.
(1) A claim may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable, if the claim is based on:
(a) a contract entered into by a custodian acting in a custodial capacity;
(b) an obligation arising from the ownership or control of custodial property; or
(c) a tort committed during the custodianship.
(2) A custodian is not personally liable:
(a) on a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
(b) for an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
(3) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
Enacted by Chapter 272, 1990 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5a - Uniform Transfers to Minors Act › Section 120 - Accounting by and determination of liability of custodian.

75-5a-120.
Accounting by and determination of liability of custodian.
(1) A minor who is 14 years of age or older, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court:
(a) for an accounting by the custodian or the custodian's legal representative; or
(b) for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under Section 75-5a-118 to which the minor or the minor's legal representative was a party.
(2) A successor custodian may petition the court for an accounting by the predecessor custodian.
(3) The court, in a proceeding under this part or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.
(4) If a custodian is removed under Subsection 75-5a-119(6), the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
Enacted by Chapter 272, 1990 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5a - Uniform Transfers to Minors Act › Section 121 - Termination of custodianship.

75-5a-121.
Termination of custodianship.
The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of:
(1) the minor's becoming 21 years of age with respect to custodial property transferred under Section 75-5a-105 or 75-5a-106;
(2) the minor's attainment of majority under the laws of this state with respect to the custodial property transferred under Section 75-5a-107 or 75-5a-108; or
(3) the minor's death.
Enacted by Chapter 272, 1990 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5a - Uniform Transfers to Minors Act › Section 122 - Applicability.

75-5a-122.
Applicability.
This part applies to a transfer within the scope of Section 75-5a-103 made after its effective date if:
(1) the transfer purports to have been made under the Uniform Gifts to Minors Act; or
(2) the instrument by which the transfer purports to have been made uses in substance the designation "as custodian under the Uniform Gifts to Minors Act" or "as custodian under the Uniform Transfers to Minors Act" of any other state, and the application of this part is necessary to validate the transfer.
Enacted by Chapter 272, 1990 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5a - Uniform Transfers to Minors Act › Section 123 - Effect on existing custodianships.

75-5a-123.
Effect on existing custodianships.
(1) Any transfer of custodial property as now defined in this part made before July 1, 1990, is validated notwithstanding that there was no specific authority in the Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.
(2) This part applies to all transfers made before July 1, 1990, in a manner and form prescribed in the Uniform Gifts to Minors Act, except as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on July 1, 1990.
(3) Sections 75-5a-102 and 75-5a-121 regarding the age of a minor for whom custodial property is held under this part do not apply to custodial property held in a custodianship that terminated because of the minor's attainment of the age of majority and before July 1, 1990.
Enacted by Chapter 272, 1990 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Part 1 - General Provisions › Section 101 - Title.

75-5b-101.
Title.
This chapter is known as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act."
Enacted by Chapter 253, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Part 1 - General Provisions › Section 103 - International application.

75-5b-103.
International application.
A court of this state may treat a foreign country as if it were a state for the purpose of applying Part 1, General Provisions, Part 2, Jurisdiction, Part 3, Transfer of Jurisdiction, and Part 5, Miscellaneous Provisions.
Enacted by Chapter 253, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Part 1 - General Provisions › Section 104 - Communication between courts.

75-5b-104.
Communication between courts.
(1) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in Subsection (2), the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.
(2) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
Enacted by Chapter 253, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Part 1 - General Provisions › Section 105 - Cooperation between courts.

75-5b-105.
Cooperation between courts.
(1) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:
(a) hold an evidentiary hearing;
(b) order a person in that state to produce evidence or give testimony pursuant to procedures of that state;
(c) order that an evaluation or assessment be made of the respondent;
(d) order any appropriate investigation of a person involved in a proceeding;
(e) forward to the court of this state a certified copy of the transcript or other record of a hearing under Subsection (1)(a) or any other proceeding, any evidence otherwise produced under Subsection (1)(b), and any evaluation or assessment prepared in compliance with an order under Subsection (1)(c) or (d);
(f) issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person; and
(g) issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 Code of Federal Regulations Section 164.504.
(2) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in Subsection (1), a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
Enacted by Chapter 253, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Part 1 - General Provisions › Section 106 - Taking testimony in another state.

75-5b-106.
Taking testimony in another state.
(1) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(2) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone, audiovisual, or other electronic means. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
(3) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
Enacted by Chapter 253, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Part 2 - Jurisdiction › Section 201 - Exclusive basis -- Significant connection.

75-5b-201.
Exclusive basis -- Significant connection.
(1) This part provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.
(2) In determining under Section 75-5b-203 and Subsection 75-5b-301(5) whether a respondent has a significant connection with a particular state, the court shall consider:
(a) the location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;
(b) the length of time the respondent at any time was physically present in the state and the duration of any absence;
(c) the location of the respondent's property; and
(d) the extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver license, social relationship, and receipt of services.
Enacted by Chapter 253, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Part 2 - Jurisdiction › Section 202 - Jurisdiction.

75-5b-202.
Jurisdiction.
A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
(1) this state is the respondent's home state;
(2) on the date the petition is filed, this state is a significant-connection state and:
(a) the respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or
(b) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:
(i) a petition for an appointment or order is not filed in the respondent's home state;
(ii) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(iii) the court in this state concludes that it is an appropriate forum under the factors set forth in Section 75-5b-205;
(3) this state does not have jurisdiction under either Subsection (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or
(4) the requirements for special jurisdiction under Section 75-5b-204 are met.
Enacted by Chapter 253, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Part 2 - Jurisdiction › Section 203 - Special jurisdiction.

75-5b-203.
Special jurisdiction.
(1) A court of this state lacking jurisdiction under Section 75-5b-202 has jurisdiction to do any of the following:
(a) appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state;
(b) issue a protective order with respect to real or tangible personal property located in this state; and
(c) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to Section 75-5b-301.
(2) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
Enacted by Chapter 253, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Part 2 - Jurisdiction › Section 204 - Exclusive and continuing jurisdiction.

75-5b-204.
Exclusive and continuing jurisdiction.
Except as otherwise provided in Section 75-5b-203, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
Enacted by Chapter 253, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Part 2 - Jurisdiction › Section 205 - Declining jurisdiction if another court is a more appropriate forum.

75-5b-205.
Declining jurisdiction if another court is a more appropriate forum.
(1) A court of this state having jurisdiction under Section 75-5b-202 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(2) If a court of this state declines to exercise its jurisdiction under Subsection (1), it shall either dismiss or stay the proceeding. The court may impose any other condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be promptly filed in another state.
(3) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(a) any expressed preference of the respondent;
(b) whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(c) the length of time the respondent was physically located in or was a legal resident of this or another state;
(d) the distance of the respondent from the court in each state;
(e) the financial circumstances of the respondent's estate;
(f) the nature and location of the evidence;
(g) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(h) the familiarity of the court of each state with the facts and issues in the proceeding; and
(i) if an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
Enacted by Chapter 253, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Part 2 - Jurisdiction › Section 206 - Jurisdiction declined by reason of conduct.

75-5b-206.
Jurisdiction declined by reason of conduct.
(1) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(a) decline to exercise jurisdiction;
(b) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(c) continue to exercise jurisdiction after considering:
(i) the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;
(ii) whether it is a more appropriate forum than the court of any other state under the factors set forth in Subsection 75-5b-205(3); and
(iii) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of Section 75-5b-202.
(2) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against the state or a governmental subdivision, agency, or instrumentality of the state unless authorized by law other than this chapter.
Enacted by Chapter 253, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Part 2 - Jurisdiction › Section 207 - Notice of proceeding.

75-5b-207.
Notice of proceeding.
If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition shall be given to those persons who would be entitled to notice of the petition if the proceeding were brought in the respondent's home state. The notice shall be given in the same manner as notice is given in this state.
Enacted by Chapter 253, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Part 2 - Jurisdiction › Section 208 - Proceedings in more than one state.

75-5b-208.
Proceedings in more than one state.
Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state as provided in Subsection 75-5b-203(1)(a) or (b), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) If the court in this state has jurisdiction under Section 75-5b-202, it may proceed with the case unless a court in another state acquires jurisdiction under Section 75-5b-202 before the appointment or issuance of the order.
(2) If the court in this state does not have jurisdiction under Section 75-5b-202, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
Enacted by Chapter 253, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Part 3 - Transfer of Jurisdiction › Section 301 - Transfer of guardianship or conservatorship to another state.

75-5b-301.
Transfer of guardianship or conservatorship to another state.
(1) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.
(2) Notice of a petition under Subsection (1) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.
(3) On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to Subsection (1).
(4) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
(a) the incapacitated person is physically present in or is reasonably expected to move permanently to the other state;
(b) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and
(c) plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
(5) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:
(a) the protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in Subsection 75-5b-201(2);
(b) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and
(c) adequate arrangements will be made for management of the protected person's property.
(6) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:
(a) a provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to Section 75-5b-302; and
(b) the documents required to terminate a guardianship or conservatorship in this state.
Enacted by Chapter 253, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Part 3 - Transfer of Jurisdiction › Section 302 - Accepting guardianship or conservatorship transferred from another state.

75-5b-302.
Accepting guardianship or conservatorship transferred from another state.
(1) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to Section 75-5b-301, the guardian or conservator shall petition the court in this state to accept the guardianship or conservatorship. The petition shall include a certified copy of the other state's provisional order of transfer.
(2) Notice of a petition under Subsection (1) shall be given by the petitioner to those persons who would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice shall be given in the same manner as notice is given in this state.
(3) On the court's own motion or on request of the incapacitated or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to Subsection (1).
(4) The court shall issue an order provisionally granting a petition filed under Subsection (1) unless:
(a) an objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or
(b) the guardian or conservator is ineligible for appointment in this state.
(5) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to Section 75-5b-301 transferring the proceeding to this state.
(6) Not later than 90 days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.
(7) In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator.
(8) The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under Title 75, Chapter 5, Part 3, Guardians of Incapacitated Persons, if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
Enacted by Chapter 253, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Part 4 - Registration and Recognition of Orders from Other States › Section 401 - Registration of guardianship orders.

75-5b-401.
Registration of guardianship orders.
If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing certified copies of the order and letters of office as a foreign judgment in a court in any appropriate county of this state.
Enacted by Chapter 253, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Part 4 - Registration and Recognition of Orders from Other States › Section 402 - Registration of protective orders.

75-5b-402.
Registration of protective orders.
If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order, letters of office, and any bond.
Enacted by Chapter 253, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Part 4 - Registration and Recognition of Orders from Other States › Section 403 - Effect of registration.

75-5b-403.
Effect of registration.
(1) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.
(2) A court of this state may grant any relief available under this chapter and other law of this state to enforce a registered order.
Enacted by Chapter 253, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Part 5 - Miscellaneous Provisions › Section 501 - Uniformity of application and construction.

75-5b-501.
Uniformity of application and construction.
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Enacted by Chapter 253, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Part 5 - Miscellaneous Provisions › Section 502 - Relation to electronic signatures in global and national commerce act.

75-5b-502.
Relation to electronic signatures in global and national commerce act.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b), 15 U.S.C. Sec. 7003(b).
Enacted by Chapter 253, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Part 5 - Miscellaneous Provisions › Section 503 - Transitional provision.

75-5b-503.
Transitional provision.
(1) This chapter applies to guardianship and protective proceedings begun on or after January 1, 2009.
(2)Part 1, General Provisions, Part 3, Transfer of Jurisdiction, and Part 4, Registration and Recognition of Orders from Other States and Sections 75-5b-501 and 75-5b-502 apply to proceedings begun before January 1, 2009, regardless of whether a guardianship or protective order has been issued.
Enacted by Chapter 253, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 6 - Nonprobate Transfers › Part 1 - Multiple-Party Accounts › Section 102 - Ownership as between parties and others -- Protection of financial institutions.

75-6-102.
Ownership as between parties and others -- Protection of financial institutions.
The provisions of Sections 75-6-103 through 75-6-105 concerning beneficial ownership as between parties, or as between parties and P.O.D. payees or beneficiaries of multiple-party accounts, are relevant only to controversies between these persons and their creditors and other successors, and have no bearing on the power of withdrawal of these persons as determined by the terms of account contracts. The provisions of Sections 75-6-108 through 75-6-113 govern the liability of financial institutions who make payments pursuant thereto, and their setoff rights.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 6 - Nonprobate Transfers › Part 1 - Multiple-Party Accounts › Section 103 - Ownership during lifetime.

75-6-103.
Ownership during lifetime.
(1) A joint account belongs, during the lifetime of all parties, to the parties in proportion to the net contributions by each to the sums on deposit, unless there is clear and convincing evidence of a different intent.
(2) A P.O.D. account belongs to the original payee during his lifetime and not to the P.O.D. payee or payees; if two or more parties are named as original payees, during their lifetimes rights as between them are governed by Subsection (1) of this section.
(3) Unless a contrary intent is manifested by the terms of the account or the deposit agreement or there is other clear and convincing evidence of an irrevocable trust, a trust account belongs beneficially to the trustee during his lifetime, and if two or more parties are named as trustee on the account, during their lifetimes beneficial rights as between them are governed by Subsection (1) of this section. If there is an irrevocable trust, the account belongs beneficially to the beneficiary.
Enacted by Chapter 150, 1975 General Session