UtahS.B. 1992025 General SessionSenateWALLET

Guardianship Amendments

Sponsored By: Keven J. Stratton (Republican)

Signed by Governor

Health and Human ServicesCourtsJudicial OperationsDisabilitiesGuardianship/Conservatorship

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11 provisions identified: 5 benefits, 0 costs, 6 mixed.

Court protections for adults facing guardianship

Adults in the severe-disability process get court papers and information, can present evidence, and can question witnesses. Hearings are remote unless the court finds good cause otherwise; adults must attend or hear all evidence. Adults or their lawyers can request a closed hearing without a jury; excusing attendance requires a court visitor’s investigation. Appointment and removal notices must use plain language and large type and explain rights and possible consequences. Petitioners must notify parents, existing guardians or conservators, and caregivers; closest-relative notice replaces unavailable parents, and qualifying referrals require notice to Adult Protective Services. Adults and in-state parents receive personal service, except emergency appointments and temporary suspensions follow separate rules. Under full guardianship, adults can raise complaints, receive appropriate care when practicable, and have guardian payment requests reviewed by the court.

Guardian reports and penalties protect adults

Without a conservator, guardians report yearly on assets, income, care spending, investments, trusts, fees, and expenses for court review. Excluding the adult’s residence, estates over $50,000 require a full account; estates under $50,000 use an informal report. A qualifying benefits-program accounting can substitute when income comes only from that program; corporate fiduciaries can submit internal annual reports. Annual status reports cover health, residence, household members, and property held; parent, grandparent, and sibling guardians are exempt from the status report and specified annual financial report. Courts can impose penalties up to $5,000 for substantial false filings, gross property misconduct, or willful failure to file after written notice and two months to comply. Courts can order repayment of misused funds; guardians must pay penalties themselves, not from the adult’s estate.

Adults can seek guardianship changes

Adults or interested people can ask courts to remove guardians for misconduct, poor care, estate mismanagement, inability to serve, risky conflicts, or the adult’s best interest. Courts can accept a guardian’s resignation and appoint a replacement. An informal letter can request a finding that the adult no longer meets the severe-disability definition and seek an end to guardianship. Courts may block repeat termination requests for up to one year unless they allow an earlier filing, and may sanction knowing interference with requests. A guardian’s authority ends upon either person’s death, the guardian’s incapacity or removal, or court-approved resignation.

Emergency guardianship with time and travel limits

Courts can appoint emergency guardians without notice for up to 30 days when an unguarded adult faces an emergency. They can also act when a severe-disability guardian is ineffective and the adult’s welfare requires immediate action. A requested hearing must occur within 14 days, and lawyer-appointment rules still apply. After notice and a hearing, courts can appoint a temporary guardian for good cause, including converting an emergency appointment. Temporary guardians have permanent-guardian powers and suspend the prior guardian’s authority, but cannot allow removal from Utah without a full hearing and further order.

Full guardians gain powers and duties

Full guardians must act diligently and in good faith, consider the adult’s wishes, and encourage participation when practicable. They can choose the adult’s home, arrange care and education, consent to treatment, and protect property, subject to court orders. They can restrict harmful relationships, nonprescribed drugs, tobacco or nicotine products, alcohol, pornography, and harmful lawful substances or activities. Guardians must notify named interested people about significant treatment and immediately notify eligible requesters about hospital stays of at least three days, hospice, death, or remains arrangements. All interested people need immediate notice when death appears likely within 10 days; courts must receive the adult’s updated address after a move. Guardians are not liable to third parties for the adult’s acts solely because they serve as guardian.

Safeguards for money managed by guardians

Without a conservator, guardians can collect support owed and use the adult’s money and property for care, support, and education. They must manage property carefully to help preserve disability benefits. Charges for room and board supplied by guardians or relatives need court approval after notice to a closest adult relative. With a conservator managing the estate, guardians may receive reasonable agreed payments for services and room and board, must account for care spending, and must transfer money beyond current needs to the conservator. Guardians can also ask conservators to pay outside care providers. Anyone refusing authorized asset transactions after receiving certified guardianship papers may owe costs, attorney fees, and damages if the court finds bad faith.

Separate guardianship rules for severe disabilities

Beginning May 7, 2025, Utah has a separate guardianship process for adults with severe intellectual disabilities. A signed physician or psychologist report must document a diagnosis dating from childhood and lifelong limits that cause incapacity. Adults who previously had capacity or may regain it are excluded from this process. Appointment requires a finding that guardianship is necessary or desirable for continuing care, and courts must prefer full guardianship. Full orders state that the adult cannot execute or consent to contracts or written agreements; limited orders must list limits and retained rights.

Adults gain stronger guardian choice

Utah courts must follow an adult’s most recent valid guardian nomination made before the adult lost capacity. The nomination must be written, signed, and substantially follow the required form. Courts can choose someone else if the nominee is disqualified or there is good cause not to appoint them.

Family priority when choosing disability guardians

For adults with severe intellectual disabilities, courts follow an appointment order unless good cause makes a candidate unsuitable. Parents come first, then adult siblings, grandparents, adult relatives who shared a home for more than 180 days before filing, and the closest available adult relative. Next come qualifying care professionals, competent people or suitable institutions, and finally the Utah Office of Public Guardian. Care professionals cannot have conflicts of interest or receive more than direct costs for guardianship or conservatorship services. Courts can appoint multiple guardians, who share decisions unless the court gives one greater authority.

Guardianship planning before children turn eighteen

An eligible guardian can start a case for a minor alleged to lack capacity at age 17 years and six months. The court can make the order effective on the child’s 18th birthday. Petitions need a physician’s or psychologist’s written evaluation; courts can accept one completed within six months before filing. For early filings or filings within two years after age 18, courts generally appoint whoever held legal decision-making authority at age 17 years and six months. Two prior decision-makers become coguardians and share decisions unless ordered otherwise; unwillingness to serve or the person’s best interest allows a different choice.

Lawyer access and costs in guardianships

Courts generally appoint a lawyer for adults facing guardianship unless they already chose one. Adults pay appointed-lawyer costs unless they or their parents cannot afford them. An exception allows courts to skip appointment when listed safeguards apply, including a child, grandchild, or sibling petitioner and an estate no greater than $2,000. That exception also requires the adult’s appearance, an opportunity to communicate acceptance, and a finding that counsel is unnecessary for protection. Petitioners must pay attorney fees and court costs when their petition has no merit. Representation normally ends at appointment, but continues for a pending conservatorship, timely appeal, or court finding of good cause.

Sponsors & Cosponsors

Sponsor

Keven J. Stratton
Republican • Senate

Cosponsors

Steve Eliason
Republican • House

Roll Call Votes

All Roll Calls

Yes: 138 • No: 5

House vote • 3/6/2025

House/ passed 3rd reading

Yes: 69 • No: 0

House vote • 2/27/2025

House Comm - Favorable Recommendation

Yes: 9 • No: 1

Senate vote • 2/24/2025

Senate/ passed 3rd reading

Yes: 23 • No: 1

Senate vote • 2/21/2025

Senate/ passed 2nd reading

Yes: 23 • No: 3

Senate vote • 2/13/2025

Senate Comm - Substitute Recommendation

Yes: 7 • No: 0