State Codes and Statutes
Statutes > Utah > Title-75 > Chapter-05 > 75-5-42575-5-425. Distributive duties and powers of conservator.
(1) A conservator may expend or distribute income or principal of the estate without courtauthorization or confirmation for the support, education, care, or benefit of the protected personand his dependents in accordance with the following principles:
(a) The conservator is to consider recommendations relating to the appropriate standardof support, education, and benefit for the protected person made by a parent or guardian, if any.He may not be surcharged for sums paid to persons or organizations actually furnishing support,education, or care to the protected person pursuant to the recommendations of a parent orguardian of the protected person unless he knows that the parent or guardian is deriving personalfinancial benefit therefrom, including relief from any personal duty of support, or unless therecommendations are clearly not in the best interests of the protected person.
(b) The conservator is to expend or distribute sums reasonably necessary for the support,education, care or benefit of the protected person with due regard to:
(i) The size of the estate, the probable duration of the conservatorship and the likelihoodthat the protected person, at some future time, may be fully able to manage his affairs and theestate which has been conserved for him;
(ii) The accustomed standard of living of the protected person and members of hishousehold; and
(iii) Other funds or sources used for the support of the protected person.
(c) The conservator may expend funds of the estate for the support of persons legallydependent on the protected person and others who are members of the protected person'shousehold who are unable to support themselves and who are in need of support.
(d) Funds expended under this Subsection (1) may be paid by the conservator to anyperson, including the protected person to reimburse for expenditures which the conservator mighthave made, or in advance for services to be rendered to the protected person when it is reasonableto expect that they will be performed and where advance payments are customary or reasonablynecessary under the circumstances.
(2) If the estate is ample to provide for the purposes implicit in the distributionsauthorized by Subsection (1), a conservator for a protected person other than a minor has powerto make gifts to charity and other objects as the protected person might have been expected tomake, in amounts which do not exceed in total for any year 20% of the income from the estate.
(3) When a minor who has not been adjudged disabled under Subsection 75-5-401(1)(b)attains his majority, his conservator, after meeting all prior claims and expenses of administration,shall pay over and distribute all funds and properties to the former protected person as soon aspossible.
(4) When the conservator is satisfied that a protected person's disability (other thanminority) has ceased, the conservator, after meeting all prior claims and expenses ofadministration, shall pay over and distribute all funds and properties to the former protectedperson as soon as possible.
(5) If a protected person dies, the conservator shall deliver to the court for safekeepingany will of the deceased protected person which may have come into his possession, inform theexecutor or a beneficiary named in the will that he has done so, and retain the estate for deliveryto a duly appointed personal representative of the decedent or other persons entitled to it. If after40 days from the death of the protected person no other person has been appointed personalrepresentative and no application or petition for appointment is before the court, the conservator
may apply to exercise the powers and duties of a personal representative so that he may proceedto administer and distribute the decedent's estate without additional or further appointment. Uponapplication for an order granting the powers of a personal representative to a conservator, afternotice as provided in Section 75-3-310, the court may order the conferral of the power upondetermining that there is no objection and endorse the letters of the conservator to note that theformerly protected person is deceased and that the conservator has acquired all of the powers andduties of a personal representative. The making and entry of an order under this section shall havethe effect of an order of appointment of a personal representative as provided in Section 75-3-308and Chapter 3, Parts 6 through 10, except that the estate in the name of the conservator, afteradministration, may be distributed to the decedent's successors without prior retransfer to theconservator as personal representative.
Amended by Chapter 194, 1977 General Session
