Utah Code

Utah Code § 75-5-401 (2026)

Protective proceedings

✓ current as of May 2026

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Upon petition and after notice and hearing in accordance with the provisions of this part, the court may appoint a conservator or make other protective order for cause as follows:

Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a minor if the court determines that a minor owns money or property that requires management or protection which cannot otherwise be provided, has or may have business affairs which may be jeopardized or prevented by minority, or that funds are needed for the minor's support and education and protection is necessary or desirable to obtain or provide funds.

The provisions of Subsection (1)(a) may be applied to a person beyond minority up to age 21 under special circumstances as determined by the court.

Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person if the court determines that the person:

is unable to manage the person's property and affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance; and

has property which will be wasted or dissipated unless proper management is provided or that funds are needed for the support, care, and welfare of the person or those entitled to be supported by the person and protection is necessary or desirable to obtain or provide funds.

Appointment of a conservator or other protective order may not be denied solely on the basis that the person for whom the conservatorship or other protective order is sought has a valid power of attorney in effect.

Notes of Decisions

Cited in 6 cases, 1980–2010 · leading case: Rackley v. Fairview Care Centers, Inc., 2001 UT 32 (Utah 2001).

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Rackley v. Fairview Care Centers, Inc., 2001 UT 32 (Utah 2001). · cites it 13× “Utah Code Ann. § 75-5-401 (2)(a), (b) (emphasis added).”

In Re Boyer, 636 P.2d 1085 (Utah 1981). · cites it 2× “See §§ 75-5-401 through 75-5-433. 4 . This section was later amended to meet constitutional requirements.”

Atkinson v. IHC Hospitals, Inc., 798 P.2d 733 (Utah 1990). · cites it 2× “We affirm the trial court’s determination that, as a matter of law, no genuine issue of material fact exists with regard to' the Atkinsons’ allegations of fraud and negligent misrepresentation. 17 We have duly considered the Atkinsons’ other claims and find them to be without…”

In re the Guardianship of Kesler, 612 P.2d 357 (Utah 1980). · cites it 3× “The matter should have proceeded and been determined under Part 4 (Sections 75-5-401 to 433) of the Utah Uniform Probate Code; such a course is provided under the relevant provisions of Section 75-8-101.”

Andrus v. Nw. Mut. Life Ins. Co., 2010 UT App 265 (Utah Ct. App. 2010). · cites it 5× “] 10 As correctly noted by daughter-in-law, Utah Code sections 75-5-401 to -408 provide the appropriate mechanism by which the guardian of an incapacitated person may obtain power over a ward's property, including a life insurance policy.”

Mitchell v. Mitchell, 611 P.2d 373 (Utah 1980). “When faced with defendant’s claim that there had been no compliance with §§ 75-5-401 et seq., Utah Code Ann. (1953), as amended, providing for the appointment of a conservator, with respect to the Davis County property, the plaintiff changed ground, in recognition that the facts…”

— Utah Code § 75-5-401(2) — 1 case

Andrus v. Nw. Mut. Life Ins. Co., 2010 UT App 265 (Utah Ct. App. 2010). “] 10 As correctly noted by daughter-in-law, Utah Code sections 75-5-401 to -408 provide the appropriate mechanism by which the guardian of an incapacitated person may obtain power over a ward's property, including a life insurance policy.”

— Utah Code § 75-5-401(l)(b) — 1 case

In re the Guardianship of Kesler, 612 P.2d 357 (Utah 1980). “The matter should have proceeded and been determined under Part 4 (Sections 75-5-401 to 433) of the Utah Uniform Probate Code; such a course is provided under the relevant provisions of Section 75-8-101.”

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