Section 311 – Who may be guardian — Priorities.
Effective 5/8/2018 75-5-311. Who may be guardian — Priorities. (1) As used in this section: (a) “Specialized care professional” means a person who is certified as a National Certified Guardian or National Master Guardian by the Center for Guardianship Certification or similar organization. (b) “Suitable institution” means any nonprofit or for profit corporation, partnership, sole […]
Section 312 – General powers and duties of guardian — Penalties.
Effective 5/4/2022 75-5-312. General powers and duties of guardian — Penalties. (1) (a) A guardian of an incapacitated person shall diligently and in good faith carry out the specific duties, powers, and rights that the guardian is granted: (i) in an order of appointment by a court under Section 75-5-304; and (ii) under this section. […]
Section 301.5 – Rights of a person alleged to be incapacitated — Rights of an incapacitated person.
Effective 5/4/2022 75-5-301.5. Rights of a person alleged to be incapacitated — Rights of an incapacitated person. (1) Except as otherwise provided by this chapter or any other law, a person alleged to be incapacitated has the right to: (a) be represented by counsel before a guardianship is imposed and have counsel represent the person […]
Section 302 – Venue.
75-5-302. Venue. The venue for guardianship proceedings for an incapacitated person is in the place where the incapacitated person resides or is present. If the incapacitated person is admitted to an institution pursuant to order of a court of competent jurisdiction, venue is also in the county in which that court sits. Enacted by Chapter […]
Section 303 – Procedure for court appointment of a guardian of an incapacitated person.
Affected by 63I-2-275 on 7/1/2028 Effective 5/8/2018 75-5-303. Procedure for court appointment of a guardian of an incapacitated person. (1) An incapacitated person or any person interested in the incapacitated person’s welfare may petition for a finding of incapacity and appointment of a guardian. (2) (a) Upon the filing of a petition, the court shall […]
Section 304 – Findings — Limited guardianship preferred — Order of appointment.
Effective 5/4/2022 75-5-304. Findings — Limited guardianship preferred — Order of appointment. (1) The court may appoint a guardian as requested if the court is satisfied that: (a) the person for whom a guardian is sought is incapacitated; and (b) the appointment is necessary or desirable as a means of providing continuing care and supervision […]
Section 305 – Acceptance of appointment — Consent to jurisdiction.
75-5-305. Acceptance of appointment — Consent to jurisdiction. By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person or any person interested in the welfare of the ward. Notice of any proceeding shall be delivered to the […]
Section 306 – Termination of guardianship for incapacitated person — Termination of authority and responsibility of guardian.
Effective 5/4/2022 75-5-306. Termination of guardianship for incapacitated person — Termination of authority and responsibility of guardian. (1) (a) Except for the time period described in Subsection (1)(b), the ward or any person interested in the ward’s welfare may petition for an order: (i) that the ward is no longer incapacitated; and (ii) for removal […]
Section 307 – Removal or resignation of guardian.
Effective 5/4/2022 75-5-307. Removal or resignation of guardian. (1) On a petition of resignation from a guardian, the court may: (a) accept the guardian’s resignation; or (b) make any other order that is appropriate. (2) On a petition of removal of a guardian from the ward or any person interested in the ward’s welfare, the […]
Section 308 – Visitor in guardianship proceeding.
75-5-308. Visitor in guardianship proceeding. A visitor is, with respect to guardianship proceedings, a person who is trained in law, nursing, or social work and is an officer, employee, or special appointee of the court with no personal interest in the proceedings. Enacted by Chapter 150, 1975 General Session