1. (1) In a power of attorney, a principal may nominate a conservator of the principal's estate or a guardian of the principal's person for consideration by the court if protective proceedings, as defined in Section 75-1-201, for the principal's estate or person are begun after the principal executes the power of attorney.

2. (2) If a principal executes a power of attorney and a petition is filed to appoint a conservator of the principal's estate, the court shall consider whether:

   1. (a) the provisions in the power of attorney are adequate to manage and protect the principal's estate without appointing a conservator; or
   2. (b) the appointment of a conservator is necessary to manage and protect the principal's estate.
3. (3) If the court appoints a conservator of the principal's estate or a guardian of the principal's person, the court shall appoint a conservator or a guardian in accordance with the principal's most recent nomination unless there is good cause shown or disqualification.

4. (4) If, after a principal executes a power of attorney, the court determines that an appointment of a conservator or other fiduciary is necessary to manage and protect some or all of the principal's estate:

   1. (a) the agent named in the principal's power of attorney is accountable to the conservator or other fiduciary as well as the principal; and
   2. (b) the power of attorney is not terminated and the agent's authority continues unless limited, suspended, or terminated by the court.

Renumbered and Amended by Chapter 364, 2024 General Session