75-5-301. Appointment of guardian for incapacitated person. (1) The parent of an incapacitated person may by will, or by written instrument as provided in Section 75-5-202.5, appoint a guardian of the incapacitated person. A testamentary appointment by a parent becomes effective when, after having given seven days’ prior written notice of his intention to do […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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
Effective 5/8/2018 75-5-309. Notices in guardianship proceedings. (1) In a proceeding for the appointment or removal of a guardian of an incapacitated person other than the appointment of an emergency guardian or temporary suspension of a guardian, notice of hearing shall be given to each of the following: (a) the ward or the person alleged […]
Effective 5/9/2017 75-5-310. Emergency guardians. (1) If an incapacitated person has no guardian and an emergency exists or if an appointed guardian is not effectively performing the guardian’s duties and the court further finds that the welfare of the incapacitated person requires immediate action, it may, without notice, appoint an emergency guardian for the person […]
Effective 5/13/2014 75-5-310.5. Temporary guardians. (1) If, after notice and hearing as required by Section 75-5-303, the court finds good cause, the court may: (a) appoint a temporary guardian; (b) convert an emergency guardian to a temporary guardian if an emergency guardian has been appointed under Section 75-5-310; or (c) appoint a different person as […]
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 […]
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. […]
Effective 5/4/2022 75-5-312.5. Association between an adult ward and a relative or acquaintance of the adult ward. (1) As used in this section: (a) “Associate” or “association” means: (i) visitation of an adult ward by a relative or qualified acquaintance; or (ii) communication between an adult ward and a relative or qualified acquaintance in any […]
75-5-313. 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 […]
75-5-314. Mentally incompetent veteran — Evidence of necessity for appointment of guardian. Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the administrator or his duly authorized representative, that such person has been rated incompetent by the veterans administration on examination in accordance with the […]
75-5-315. Copies of public records furnished to veterans administration. When a copy of any public record is required by the veterans administration to be used in determining the eligibility of any person to participate in benefits made available by the veterans administration, the official custodian of such public record shall without charge provide the applicant […]
75-5-316. Expedited guardianship proceedings. (1) (a) With regard to persons who are residents of the Utah State Developmental Center, the expedited process provided by this section may be applied to obtain a limited guardianship. (b) For purposes of this section: (i) “Limited guardianship” means a guardianship solely for the purpose of granting consent for medical […]
Effective 3/19/2018 75-5-317. Guardianship proceedings for minor becoming an incapacitated adult. (1) As used in this section: (a) “Incapacitated” means the same as that term is defined in Section 75-1-201. (b) “Joint legal decision-making” means parents or two individuals, regardless of whether they are married, sharing legal decision-making and no individual’s rights or responsibilities being […]
