Title 75, Title 75: Utah Uniform Probate Code

75-5-104. Power of court to appoint guardian ad litem not affected. Nothing contained in this chapter affects or impairs the power of any court to appoint a guardian to represent the interests of any minor interested in any suit or matter pending before it.

75-5-105. Bond of guardian. A guardian coming into the possession or control of funds or other property of a minor or incapacitated person may be required by the court to furnish a bond in an amount and under the conditions as set forth for conservators in Sectionsand.

75-5-201. Status of guardian of minor -- General. (1) A person becomes a guardian of a minor by acceptance of a testamentary appointment, through appointment by a local school board under Section, or upon appointment by the court. 53G-6-303 The guardianship status continues until…

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 S…

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: the written instrument is filed with the petiti…

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…

75-5-204. Court appointment of guardian of minor -- Conditions for appointment. (1) In accordance with Subsection, the court may appoint a guardian for an unemancipated minor if: (2) each parent of the minor acknowledges that the parent understands the legal effect of the guardia…

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.

75-5-206. Court appointment of guardian of minor -- Qualifications -- Priority of minor's nominee. (1) The court may appoint as guardian any person whose appointment would be in the best interests of the minor. In determining the minor's best interests, the court may consider the…

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 Sectionto: 75-1-401 the minor, if the minor is 14 yea…

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 b…

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, a guardian of a minor ha…

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 …

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, acc…

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 perm…

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, appoint a guardian of the incapacitated person. A testamentary appointment by a parent becomes effective when, after…

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: be represented by counsel before a guardianship is imposed an…

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 als…

75-5-303. Procedure for court appointment of a guardian of an incapacitated person. (1) An allegedly incapacitated person or any person interested in an allegedly incapacitated person's welfare may petition for a finding of incapacity and appointment of a guardian. (2) Upon the f…

75-5-304. Findings -- Limited guardianship preferred -- Order of appointment. (1) The court may appoint a guardian as requested if the court finds, by clear and convincing evidence, that: the person for whom a guardian is sought is incapacitated; and the appointment is necessary …

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 …

75-5-306. Termination of guardianship for incapacitated person -- Termination of authority and responsibility of guardian. (1) Except for the time period described in Subsection, the ward or any person interested in the ward's welfare may petition for an order: (1)(b) that the wa…

75-5-307. Removal or resignation of guardian. (1) On a petition of resignation from a guardian, the court may: accept the guardian's resignation; or 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 …

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 fo…

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…

75-5-310.5. Temporary guardians. (1) If, after notice and hearing as required by Section, the court finds good cause, the court may: 75-5-303 appoint a temporary guardian; convert an emergency guardian to a temporary guardian if an emergency guardian has been appointed under Sect…

75-5-311. Who may be guardian -- Priorities. (1) The court shall appoint a guardian in accordance with the incapacitated person's most recent nomination, unless that person is disqualified or the court finds other good cause why the person should not serve as guardian. That nomin…

75-5-312. General powers and duties of guardian -- Penalties. (1) 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: in an order of appointment by a court under Section; and 75-5…

75-5-312.5. Association between an adult ward and a relative or acquaintance of the adult ward. (1) As used in this section: "Associate" or "association" means: visitation of an adult ward by a relative or qualified acquaintance; or communication between an adult ward and a relat…

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, accou…

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…

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, t…

75-5-316. Expedited guardianship proceedings. (1) 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. For purposes of this section: "Limited guardianship" …

75-5-317. Guardianship proceedings for minor becoming an incapacitated adult. (1) As used in this section: "Physician" means an individual: licensed as a physician under; or Title 58, Chapter 67, Utah Medical Practice Act licensed as a physician under. Title 58, Chapter 68, Utah …

75-5-401. Protective proceedings. (1) Upon petition and after notice and hearing in accordance with the provisions of this part, the court may appoint a conservator or make other protective order for cause as follows: Appointment of a conservator or other protective order may be …

75-5-402. Protective proceedings -- Jurisdiction of affairs of protected persons. After the service of notice in a proceeding seeking the appointment of a conservator or other protective order and until termination of the proceeding, the court in which the petition is filed has: …

75-5-403. Venue. Venue for proceedings under this part is: (1) In the county in this state where the person to be protected resides, whether or not a guardian has been appointed in another place; or (2) If the person to be protected does not reside in this state, in any county wh…

75-5-404. Original petition for appointment or protective order. (1) The person to be protected, any person who is interested in his estate, affairs, or welfare, including his parent, guardian, or custodian, or any person who would be adversely affected by lack of effective manag…

75-5-405. Notice. (1) On a petition for appointment of a conservator or other protective order, the person to be protected and his spouse or, if none, his parents, must be served personally with notice of the proceeding at least 10 days before the date of the hearing if they can …

75-5-406. Protective proceedings -- Request for notice -- Interested person. Any interested person who desires to be notified before any order is made in a protective proceeding may file with the registrar a request for notice subsequent to payment of any fee required by statute …

75-5-407. Procedure concerning hearing and order on original petition. (1) Upon receipt of a petition for appointment of a conservator or other protective order because of minority, the court shall set a date for the hearing on the matters alleged in the petition. If, at any time…

75-5-408. Permissible court orders. (1) The court has the following powers which may be exercised directly or through a conservator in respect to the estate and affairs of protected persons: While a petition for appointment of a conservator or other protective order is pending an…

75-5-409. Protective arrangements and single transactions authorized. (1) If it is established in a proper proceeding that a basis exists as described in Sectionfor affecting the property and affairs of a person, the court, without appointing a conservator, may authorize, direct,…

75-5-410. Who may be appointed conservator -- Priorities. (1) The court may appoint an individual, or a corporation with general power to serve as trustee, as conservator of the estate of a protected person. The following are entitled to consideration for appointment in the order…

75-5-411. Bond. Subject to the provisions of, relating to the bonding requirements for corporate fiduciaries, the court shall require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify…

75-5-412. Terms and requirements of bonds. (1) The following requirements and provisions apply to any bond required under Section: 75-5-411 unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator and with each ot…