TITLE 15

UNIFORM PROBATE CODE

CHAPTER 5

PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY [EFFECTIVE UNTIL JANUARY 1, 2027] UNIFORM GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE ARRANGEMENTS ACT [EFFECTIVE JANUARY 1, 2027]

PART 1

GENERAL PROVISIONS

15-5-123.  THIRD-PARTY ACCEPTANCE OF AUTHORITY OF GUARDIAN OR CONSERVATOR. [effective january 1, 2027] (1) A person shall not recognize the authority of a guardian or conservator to act on behalf of an individual subject to guardianship or conservatorship if:

(a)  The person has actual knowledge or a reasonable belief that the letters of office of the guardian or conservator are invalid or the conservator or guardian is exceeding or improperly exercising authority granted by the court; or

(b)  The person has actual knowledge that the individual subject to guardianship or conservatorship is subject to physical or financial abuse, neglect, exploitation, or abandonment by the guardian or conservator or a person acting for or with the guardian or conservator.

(2)  A person may refuse to recognize the authority of a guardian or conservator to act on behalf of an individual subject to guardianship or conservatorship if:

(a)  The guardian’s or conservator’s proposed action would be inconsistent with the provisions of this chapter; or

(b)  The person makes, or has actual knowledge that another person has made, a report to the government agency providing protective services to adults or children stating a good faith belief that the individual subject to guardianship or conservatorship is subject to physical or financial abuse, neglect, exploitation, or abandonment by the guardian or conservator or a person acting for or with the guardian or conservator.

(3)  A person that refuses to accept the authority of a guardian or conservator in accordance with subsection (2) of this section may report the refusal and the reason for refusal to the court. The court upon receiving the report shall consider whether removal of the guardian or conservator or other action is appropriate.

(4)  A guardian or conservator may petition the court to require a third party to accept a decision made by the guardian or conservator on behalf of the individual subject to guardianship or conservatorship.

History:

[15-5-123, added 2026, ch. 79, sec. 3, p. 337.]