75-5-410 - Who may be appointed conservator -- Priorities.
75-5-410. Who may be appointed conservator -- Priorities.
(1) The court may appoint an individual, or a corporation with general power to serve astrustee, as conservator of the estate of a protected person. The following are entitled toconsideration for appointment in the order listed:
(a) a conservator, guardian of property, or other like fiduciary appointed or recognized bythe appropriate court of any other jurisdiction in which the protected person resides;
(b) an individual or corporation nominated by the protected person if he is 14 or moreyears of age and has, in the opinion of the court, sufficient mental capacity to make an intelligentchoice;
(c) the court shall appoint a conservator in accordance with the protected person's mostrecent nomination, unless the potential conservator is disqualified or the court finds other goodcause why that person should not serve as conservator. The nomination shall be in writing andshall be signed by the person making the nomination. The nomination shall be in substantiallythe following form:
I, (Name), being of sound mind and not acting under duress, fraud, or other undueinfluence, do hereby nominate (Name, current residence, and relationship, if any, of the nominee)to serve as the conservator of my property in the event that after the date of this instrument Ibecome incapacitated or have other need for protection.
Executed at __________________________________ (city, state)
on this ___________ day of _______________________________
______________________________ (Signature)
(d) a person who has been nominated by the protected person, by any means other thanthat described in Subsection (1)(c), if the protected person was 14 years of age or older when thenomination was executed and, in the opinion of the court, that person acted with sufficientmental capacity to make the nomination;
(e) the spouse of the protected person;
(f) an adult child of the protected person;
(g) a parent of the protected person, or a person nominated by the will of a deceasedparent;
(h) any relative of the protected person with whom he has resided for more than sixmonths prior to the filing of the petition;
(i) a person nominated by the person who is caring for him or paying benefits to him.
(2) A person in the priorities described in Subsection (1)(a), (e), (f), (g), or (h) maynominate in writing a person to serve in his stead. With respect to persons having equal priority,the court is to select the one who is best qualified of those willing to serve. The court, for goodcause, may pass over a person having priority and appoint a person having less priority or nopriority.
Amended by Chapter 324, 2010 General Session