UtahH.B. 3342025 General SessionHouseWALLET

Guardianships and Supported Decision-Making Agreements Amendments

Sponsored By: Nelson T. Abbott (Republican)

Signed by Governor

Health and Human ServicesJudicial OperationsLegislative OperationsSunsets and RepealersGuardianship/Conservatorship

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Bill Overview

Analyzed Economic Effects

9 provisions identified: 6 benefits, 0 costs, 3 mixed.

Adults gain formal decision support agreements

Adults with disabilities age 18 or older can voluntarily create written agreements for help with decisions while keeping decision-making authority. They must understand the agreement and enter without pressure, undue influence, or solicitation. Agreements name qualified adult supporters, an effective date, support areas, rights, duties, and ways to manage conflicts. A guardian, conservator, or qualifying person with authority over a covered area receives notice, discussion access, 14 days for review, and must sign. The principal, supporters, and other required people sign, with two witnesses or a notary. Utah treats these agreements as governing instruments under its probate law and recognizes out-of-state agreements executed under their governing jurisdiction's law. That jurisdiction is the place named in the agreement, or where it was executed if none is named.

Decision support preserves your own choices

Beginning May 7, 2025, decisions communicated with support must be recognized and enforced as your own when they follow the agreement and Utah law. You can still act independently, without your supporter. Programs and services cannot require you to sign an agreement to participate. Courts cannot use signing an agreement as evidence that you lack capacity. Informal support remains available, and courts may consider it as a less restrictive alternative to guardianship or conservatorship.

Stronger rights for people under guardianship

For guardianships granted on or after May 7, 2025, some rights cannot be limited by courts. Additional rights cover care planning, privacy, personal contact, health care, independence, and financial participation, as far as practical. Limiting an additional right requires an interested party's request and a compelling reason proved by clear and convincing evidence. Earlier guardianships follow the rights rules in effect when granted. Their protected rights remain unless the appointment order expressly limits them.

Supporter misconduct brings repayment and abuse reporting

Beginning May 7, 2025, supporters who violate the law or agreement owe the principal, or their legal successor, enough to restore lost property value. Principals can seek to undo transactions benefiting supporters during the agreement or while the supporter holds a position of trust. The supporter can prevent reversal under this rule by proving the transaction was fair to the principal. Anyone with reason to suspect abuse, neglect, or exploitation of a principal must immediately report it to Adult Protective Services. This includes observing circumstances reasonably likely to cause harm; other reporting duties remain unchanged.

Stronger hearing protections, with petitioner costs

Skipping appointed counsel requires every safeguard: the person is the petitioner's biological or adopted child, with an entire estate of $20,000 or less, confirmed by affidavit. They must attend with the petitioner and have a chance to express acceptance or objection, to the extent possible. No volunteer lawyer can be available within 60 days of the hearing; the court must find counsel unnecessary and receive a court visitor's report. The law removes this exception's July 1, 2028 expiration. Excusing attendance requires a lawyer and a finding that no reasonable accommodation allows participation, normally after a visitor's investigation paid for by the petitioner. The investigation is unnecessary if clear and convincing physician evidence shows a prolonged coma will likely continue through the hearing. Courts may also order assessments of understanding, decision-making, and basic needs, considering assistive technology and staying within the provider's license and experience.

Estate managers face reports and penalties

Conservators must file full annual accounts for estates over $50,000, excluding the person's residence; smaller estates require mailed informal reports. The supplied reporting provision leaves the rule at exactly $50,000 unspecified. Corporate fiduciaries submit annual internal reports, and courts must examine and approve reports. Courts may order repayment of misused money and impose fines up to $5,000 for substantial report misstatements, gross property misconduct, or willful nonfiling. Nonfiling fines require written notice and a two-month grace period; the conservator or corporate fiduciary pays, not the estate. These reporting requirements and penalties do not apply when the conservator is the person's parent.

Decision supporters face privacy and conduct limits

Supporters must act carefully and honestly, follow the agreement, protect information, and provide their records to the principal on request. At the principal's direction, they can help explain information, obtain services, communicate choices, and advocate for those choices. The agreement does not authorize supporters to decide or sign for the principal, make health care choices, or pressure or exploit them. Supporters need consent to delegate duties or obtain or use information beyond the allowed scope. Covered health entities need the principal's signed HIPAA consent before sharing protected health information; the agreement alone is not enough.

Legal protection for honoring support agreements

Beginning May 7, 2025, nonparties relying on a support agreement in good faith may presume its signatures and supporter authority are valid. That presumption does not apply when they know a signature is false or the agreement or authority is invalid or ended. Qualifying nonparties face no civil or criminal liability or professional discipline for honoring the agreement or following a supporter's direction within it.

Decision agreements allow exits but can end

Principals can revoke agreements and supporters can withdraw at any time by written notice to every other party, including electronic notice. Unless the agreement provides otherwise, it ends upon the principal's death or revocation, a supporter's disqualification, or all supporters leaving without a successor. Signing a power of attorney, health care directive, or mental health treatment declaration also ends it unless that document expressly continues it. A court finding of incapacity or appointment of a temporary or permanent guardian or conservator also generally ends the agreement. An appointment order can instead modify and continue the agreement while limiting the guardian's powers.

Sponsors & Cosponsors

Sponsor

Nelson T. Abbott
Republican • House

Cosponsors

Keven J. Stratton
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 110 • No: 3

Senate vote • 3/7/2025

Senate/ passed 2nd & 3rd readings/ suspension

Yes: 27 • No: 0

Senate vote • 3/4/2025

Senate Comm - Favorable Recommendation

Yes: 4 • No: 0

House vote • 2/20/2025

House/ floor amendment

Yes: 0 • No: 0

House vote • 2/20/2025

House/ passed 3rd reading

Yes: 70 • No: 1

House vote • 2/12/2025

House Comm - Favorable Recommendation

Yes: 9 • No: 2

House vote • Unknown