Effective 3/22/2018 75-5-201. Status of guardian of minor — General. (1) (a) A person becomes a guardian of a minor by acceptance of a testamentary appointment, through appointment by a local school board under Section 53G-6-303, or upon appointment by the court. (b) The guardianship status continues until terminated, without regard to the location from […]
75-5-202. Appointment of guardian of minor. (1) The parent of a minor may appoint a guardian of an unemancipated minor by will, as provided in this section, or by other written instrument as provided in Section 75-5-202.5. (2) Subject to the rights of the minor and others under Section 75-5-203, an appointment by will or […]
75-5-202.5. Appointment of guardian by written instrument. (1) The parent of an unemancipated minor may appoint a guardian by written instrument designating the guardian. An appointment by written instrument becomes effective where: (a) the written instrument is filed with the petition for appointment of guardian in the court having probate jurisdiction in the county of […]
75-5-203. Objection to appointment. Any person interested in the welfare of a minor, or a minor of 14 years or older, may file with the court in which the will is probated or the written instrument is filed a written objection to the appointment before it is accepted or within 30 days after notice of […]
Effective 5/5/2021 75-5-204. Court appointment of guardian of minor — Conditions for appointment. (1) In accordance with Subsection (2), the court may appoint a guardian for an unemancipated minor if: (a) each parent of the minor acknowledges that the parent understands the legal effect of the guardianship and consents; (b) all parental rights have been […]
75-5-205. Court appointment of guardian of minor — Venue. The venue for guardianship proceedings for a minor is in the place where the minor resides or is present. Enacted by Chapter 150, 1975 General Session
75-5-206. Court appointment of guardian of minor — Qualifications — Priority of minor’s nominee. (1) (a) The court may appoint as guardian any person whose appointment would be in the best interests of the minor. (b) In determining the minor’s best interests, the court may consider the minor’s physical, mental, moral, and emotional health needs. […]
Effective 5/5/2021 75-5-207. Court appointment of guardian of minor — Procedure. (1) Notice of the time and place of hearing of a petition for the appointment of a guardian of a minor is to be given by the petitioner in the manner prescribed by Section 75-1-401 to: (a) the minor, if the minor is 14 […]
75-5-208. Consent to service by acceptance of appointment — Notice. By accepting a testamentary, instrumental, or court appointment as guardian, 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 minor. […]
Effective 9/1/2021 75-5-209. Powers and duties of guardian of minor — Residual parental rights and duties — Adoption of a ward. (1) For purposes of this section, “residual parental rights and duties” is as defined in Section 80-1-102. (2) Except as provided in Subsection (4)(a), a guardian of a minor has the powers and responsibilities […]
75-5-210. Termination of appointment of guardian — General. A guardian’s authority and responsibility terminates upon the death, resignation, or removal of the guardian or upon the minor’s death, adoption, marriage, or attainment of majority, but termination does not affect his liability for prior acts nor his obligation to account for funds and assets of his […]
75-5-211. Proceedings subsequent to appointment — Venue. (1) The court where the ward resides has concurrent jurisdiction with the court which appointed the guardian, or in which acceptance of an appointment by will or written instrument was filed, over resignation, removal, accounting, and other proceedings relating to the guardianship. (2) If the court located where […]
75-5-212. Resignation or removal proceedings. (1) Any person interested in the welfare of a ward, or the ward, if 14 or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interest of the ward. A guardian may petition for permission to resign. A […]
