Utah Code » Title 75, Chapter 5 — Protection of Persons Under Disability and Their Property; part 75-5-4 — Protection of Property of Persons Under Disability and Minors
Utah Code

Utah Code § 75-5-404 (2026)

Original petition for appointment or protective order

✓ current as of May 2026
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The person to be protected, any person who is interested in his estate, affairs, or welfare, including his parent, guardian, or custodian, or any person who would be adversely affected by lack of effective management of his property and affairs may petition for the appointment of a conservator or for other appropriate protective order.
The petition shall set forth to the extent known, the interest of the petitioner; the name, age, residence, and address of the person to be protected; the name and address of his guardian, if any; the name and address of his nearest relative known to the petitioner; a general statement of his property with an estimate of the value thereof, including any compensation, insurance, pension, or allowance to which he is entitled; and the reason why appointment of a conservator or other protective order is necessary. If the appointment of a conservator is requested, the petition also shall set forth the name and address of the person whose appointment is sought and the basis of his priority for appointment.
Notes of Decisions
Cited in 4 cases, 1980–2019 · leading case: Rutherford v. Talisker Canyons Fin., Co., 2019 UT 27 (Utah 2019).
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Rutherford v. Talisker Canyons Fin., Co., 2019 UT 27 (Utah 2019). “Indeed, "[u]nder the Uniform Probate Code, for example, when a minor has a cause of action, the minor or another person interested in the minor's welfare may petition for the appointment of a conservator.”
In re Jacobson, 2019 UT App 56 (Utah Ct. App. 2019). · cites it 3× “And section 75-5-404 establishes that "any person who is interested in [another's] estate, affairs, or welfare, including his parent, guardian , or custodian, or any person who would be adversely affected by lack of effective management of his property and affairs may petition…”
In re the Guardianship of Kesler, 612 P.2d 357 (Utah 1980). · cites it 2× “Since the petition was filed one day prior to the effective date of the new code, the petition should have been amended to include the facts required under Section 75-5-404(2). The proceedings and determination of the court should have been in accordance with Section…”
Hawkins Ex Rel. Hawkins v. Peart, 2001 UT 94 (Utah 2001). · cites it 2× “See Utah Code Ann. § 75-5-404 (1998). Onee appointed, a conservator "may act without court authorization or confirmation" to "settle a claim by or against the .”
— Utah Code § 75-5-404(1) — 1 case
In re Jacobson, 2019 UT App 56 (Utah Ct. App. 2019). “And section 75-5-404 establishes that "any person who is interested in [another's] estate, affairs, or welfare, including his parent, guardian , or custodian, or any person who would be adversely affected by lack of effective management of his property and affairs may petition…”
— Utah Code § 75-5-404(2) — 1 case
In re the Guardianship of Kesler, 612 P.2d 357 (Utah 1980). “Since the petition was filed one day prior to the effective date of the new code, the petition should have been amended to include the facts required under Section 75-5-404(2). The proceedings and determination of the court should have been in accordance with Section…”
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