All Roll Calls
Yes: 220 • No: 17
UtahS.B. 1612026 General SessionSenate
Evaluations in Guardianship Amendments
Sponsored By: Todd Weiler (Republican)
Signed by Governor
Health and Human ServicesHealth CareHealth Care ProfessionalsCourtsJudicial OperationsGuardianship/Conservatorship
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 1 benefits, 0 costs, 5 mixed.
Lawyers and hearing rights in guardianship
Starting May 6, 2026, when a petition is filed the court sets a hearing and appoints a lawyer unless the person already has one. The appointed lawyer’s cost is paid by the alleged incapacitated person unless the person and the person’s parents are indigent. The court skips appointing counsel only if all seven are true: the person is the petitioner’s biological or adopted child; the estate is $20,000 or less; the person’s appearance is not waived and the person appears with the petitioner; the person can accept or object; no volunteer attorney is available within 60 days; the court finds counsel is not necessary; and a court visitor’s report is received. The person has hearing rights: to present evidence, to cross-examine witnesses (including court-appointed providers and visitors), and to a jury trial; the person or their lawyer may ask for a closed hearing without a jury. The person also has pre-hearing rights to a lawyer, court papers, court information, respectful treatment, and to have relatives, doctors, or others speak for them. When a guardian is appointed, the lawyer’s representation ends unless a conservatorship case is pending, a timely appeal is filed, or the court finds good cause to continue it.
Who pays guardianship legal fees
Starting May 6, 2026, if the court names the petitioner (or their nominee) as guardian, the petitioner can be paid reasonable attorney fees and court costs from the incapacitated person’s funds. If the court finds a petition is without merit, the person who filed it must pay the attorney fees and court costs for that case. These rules set who pays legal bills in guardianship cases.
Stronger medical checks before guardianship
Starting May 6, 2026, the court can appoint a licensed health care provider to assess decision-making and daily living abilities using evidence-based tools. The provider must file a written report. The provider may interview the proposed guardian, but the report cannot be based mainly on that person’s opinion.
Hearing attendance and court visitor rules
Starting May 6, 2026, the person alleged to be incapacitated must attend the hearing and be able to see or hear all evidence. The court can waive attendance only if the person has a lawyer, a court visitor is appointed and paid by the petitioner, and the court finds no reasonable accommodation after investigation. A doctor’s clear and convincing proof of extended comatosis lets the court skip the court visitor step. The court may appoint a visitor to interview the proposed guardian, visit homes, and investigate, and the visitor must file a report. The court can require the petitioner to pay the visitor’s costs.
New rights for people under guardianship
For guardianships granted on or after May 7, 2025, the law lists specific rights. These include counsel after appointment, getting court papers and information, having people speak in proceedings, keeping the most freedom consistent with the case, reasonable service rates, prudent financial management and reports, and asking the court to review, change, or end the guardianship or restore capacity. Courts cannot waive or limit the rights listed for these newer guardianships. Some planning or participation rights can be limited only if an interested party asks and the court finds a compelling reason by clear and convincing evidence. Any right in this section can be enforced in the guardianship case or by suing in civil court. Which rights apply depends on when the guardianship was granted. These rules are in effect May 6, 2026.
When these changes take effect
This law takes effect May 6, 2026. All parts start that day unless a different date appears elsewhere in the act.
Sponsors & Cosponsors
Sponsor
Todd Weiler
Republican • Senate
Cosponsors
Melissa G. Ballard
Republican • House
Roll Call Votes
Senate vote • 3/3/2026
Senate/ concurs with House amendment
Yes: 28 • No: 0
House vote • 2/26/2026
House/ substituted
Yes: 0 • No: 0
House vote • 2/26/2026
House/ passed 3rd reading
Yes: 52 • No: 17
House vote • 2/26/2026
House/ passed 3rd reading
Yes: 73 • No: 0
House vote • 2/26/2026
House/ motion to reconsider
Yes: 0 • No: 0
House vote • 2/25/2026
House Comm - Favorable Recommendation
Yes: 11 • No: 0
Senate vote • 2/5/2026
Senate/ passed 3rd reading
Yes: 25 • No: 0
Senate vote • 2/5/2026
Senate/ uncircled
Yes: 0 • No: 0
Senate vote • 2/3/2026
Senate/ circled
Yes: 0 • No: 0
Senate vote • 2/2/2026
Senate/ passed 2nd reading
Yes: 24 • No: 0
House vote • 1/22/2026
Senate Comm - Favorable Recommendation
Yes: 7 • No: 0
Actions Timeline
Governor Signed
3/23/2026Senate/ to Governor
3/16/2026SenateSenate/ received enrolled bill from Printing
3/16/2026SenateSenate/ enrolled bill to Printing
3/5/2026SenateEnrolled Bill Returned to House or Senate
3/5/2026Draft of Enrolled Bill Prepared
3/5/2026Bill Received from Senate for Enrolling
3/5/2026Senate/ signed by President/ sent for enrolling
3/4/2026SenateSenate/ received from House
3/4/2026SenateHouse/ to Senate
3/3/2026HouseHouse/ signed by Speaker/ returned to Senate
3/3/2026HouseHouse/ received from Senate
3/3/2026HouseSenate/ to House
3/3/2026SenateSenate/ concurs with House amendment
3/3/2026SenateSenate/ placed on Concurrence Calendar
3/2/2026SenateSenate/ received from House
3/2/2026SenateHouse/ to Senate
2/26/2026HouseHouse/ passed 3rd reading
2/26/2026HouseHouse/ substituted
2/26/2026HouseHouse/ motion to reconsider
2/26/2026HouseHouse/ passed 3rd reading
2/26/2026HouseHouse/ 3rd reading
2/26/2026HouseHouse/ 2nd reading
2/25/2026HouseHouse/ committee report favorable
2/25/2026HouseHouse Comm - Favorable Recommendation
2/25/2026
Bill Text
Enrolled
3/5/2026
Substitute #1
2/26/2026
Introduced
1/19/2026