Section 75A-2-108 - Nomination of conservator or guardian - Adequacy of power of attorney - Relation of agent to conservator or other fiduciary(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) 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: (a) the provisions in the power of attorney are adequate to manage and protect the principal's estate without appointing a conservator; or(b) the appointment of a conservator is necessary to manage and protect the principal's estate.(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) 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: (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(b) the power of attorney is not terminated and the agent's authority continues unless limited, suspended, or terminated by the court.Renumbered from § 75-9-108 and amended by Chapter 364, 2024 General Session ,§ 31, eff. 9/1/2024.Amended by Chapter 138, 2022 General Session ,§ 1, eff. 5/4/2022.Added by Chapter 256, 2016 General Session ,§ 9, eff. 5/10/2016.