Title 75, Title 75: Utah Uniform Probate Code

75-5-604. Petition for guardianship of an individual with a severe intellectual disability -- Venue -- Proceedings. (1) A person interested in an adult's welfare may petition a court for a finding that: the adult is an individual with a severe intellectual disability; and the app…

75-5-605. Notices for guardianship proceedings. (1) Upon a petition for the appointment or removal of a guardian for an adult who is an individual with a severe intellectual disability, or is alleged to be an individual with a severe intellectual disability, other than the appoin…

75-5-606. Appointment of counsel. (1) Except as provided in Subsection (2), the court shall appoint an attorney to represent a respondent on a petition for guardianship unless the respondent has counsel of the respondent's own choice. The respondent shall pay the costs of an atto…

75-5-607. Appointment of physician, psychologist, physician assistant, or court visitor. (1) The court may appoint a physician, a psychologist, or a physician assistant to examine the respondent. If the court appoints a physician. a psychologist, or a physician assistant under Su…

75-5-608. Emergency or temporary guardian. (1) If a respondent does not have a guardian and an emergency exists, the court may, without notice, appoint an emergency guardian for the respondent for a specified period not to exceed 30 days pending notice and a hearing. The court ma…

75-5-609. Findings by court -- Appointment of guardian -- Acceptance of appointment. (1) The court may appoint a guardian for a respondent if the court finds: the respondent is an individual with a severe intellectual disability; and the appointment of a guardian is necessary or …

75-5-610. Who may be a guardian -- Coguardians. (1) Unless the court finds there is good cause that the person should not serve as guardian, the court shall appoint a guardian for an individual with a severe intellectual disability in the following order of priority: a parent of …

75-5-611. Duties, powers, and rights of a guardian for an individual with a severe intellectual disability in a full guardianship. (1) This section only applies to a guardian who is appointed by a court for an individual with a severe intellectual disability in a full guardianshi…

75-5-612. Removal or resignation of a guardian. (1) On a petition of resignation from a guardian of an individual with a severe intellectual disability, the court may: accept the guardian's resignation; or make any other order that is appropriate. (2) On a petition of removal of …

75-5-613. Termination of guardianship for an individual with a severe intellectual disability. (1) An individual with a severe intellectual disability, or any person interested in the individual's welfare, may petition for an order: that the individual is not an individual with a…

75-5-701. Definitions. As used in this part: (1) "Abuse" means the same as that term is defined in Section. 26B-6-201 (2) "Coercion" means influencing or attempting to influence a principal using force, threats, or intimidation. (3) "Covered entity" means the same as that term is…

75-5-702. Purposes of part. The purposes of this part are to: (1) provide a principal assistance in: gathering and assessing information; understanding options, responsibilities, and consequences of a decision; and communicating decisions for a principal if the principal wants as…

75-5-703. Interpretation of part. This part shall be construed and applied in accordance with the following principles: (1) a principal should be able to: live in the manner in which the principal wishes; and make decisions about accepting or refusing support, assistance, or prot…

75-5-704. Supported decision-making agreement. (1) Subject to Subsectionsand (6), an individual may enter into a supported decision-making agreement at any time if: (2) the individual enters into the agreement voluntarily, without coercion or undue influence, and without being so…

75-5-705. Supporter duties. (1) A supporter shall: act with the care, competence, and diligence ordinarily exercised by individuals in similar circumstances, and in accordance with the supporter's skills or expertise; act in good faith; comply with the terms of the supported deci…

75-5-706. Revocation -- Withdrawal. (1) A principal may revoke a supported decision-making agreement at any time by providing written notice to all other parties to the agreement. (2) A supporter may withdraw from a supported decision-making agreement at any time by providing wri…

75-5-707. Termination. Unless otherwise provided in the supported decision-making agreement, a supported decision-making agreement is terminated upon the occurrence of any of the following: (1) the death of the principal; (2) revocation by the principal pursuant to Section; 75-5-…

75-5-708. Impact of supported decision-making agreement. (1) A decision or request made or communicated by a principal with the assistance of a supporter in accordance with the terms of a supported decision-making agreement and this part shall, for the purposes of any provision o…

75-5-709. Liability. (1) A person who is not a party to a supported decision-making agreement, including a provider of health care or financial services, that in good faith accepts or relies upon a supported decision-making agreement: may presume that the signatures on the suppor…

75-5b-101. Title. This chapter is known as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act."

75-5b-102. Definitions. As used in this chapter: (1) "Adult" means an individual who has attained 18 years of age. (2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under. Title 75, Chapter 5, Part 4, Prot…

75-5b-103. International application. A court of this state may treat a foreign country as if it were a state for the purpose of applying,,, and.

75-5b-104. Communication between courts. (1) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in Subsection, th…

75-5b-105. Cooperation between courts. (1) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: hold an evidentiary hearing; order a person in that state to produce evidence …

75-5b-106. Taking testimony in another state. (1) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for test…

75-5b-201. Exclusive basis -- Significant connection. (1) This part provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult. (2) In determining under Sectionand Subsectionwhether a respondent has a signi…

75-5b-202. Jurisdiction. A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (1) this state is the respondent's home state; (2) on the date the petition is filed, this state is a significant-connection state and: the respo…

75-5b-203. Special jurisdiction. (1) A court of this state lacking jurisdiction under Sectionhas jurisdiction to do any of the following: 75-5b-202 appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state; issue …

75-5b-204. Exclusive and continuing jurisdiction. Except as otherwise provided in Section, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the c…

75-5b-205. Declining jurisdiction if another court is a more appropriate forum. (1) A court of this state having jurisdiction under Sectionto appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of anoth…

75-5b-206. Jurisdiction declined by reason of conduct. (1) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: decline to exercise jurisdiction; exercise j…

75-5b-207. Notice of proceeding. If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements…

75-5b-208. Proceedings in more than one state. Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state as provided in Subsectionor, if a petition for the appointment of a guardian or issua…

75-5b-301. Transfer of guardianship or conservatorship to another state. (1) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (2) Notice of a petition under Subsectionmust be given to the pe…

75-5b-302. Accepting guardianship or conservatorship transferred from another state. (1) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to Section, the guardian or conservator shall petition the court in this state to a…

75-5b-401. Registration of guardianship orders. If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to …

75-5b-402. Registration of protective orders. If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to registe…

75-5b-403. Effect of registration. (1) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including…

75-5b-501. Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

75-5b-502. Relation to electronic signatures in global and national commerce act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001, et seq., but does not modify, limit, or supersede Section 10…

75-5b-503. Transitional provision. (1) This chapter applies to guardianship and protective proceedings begun on or after January 1, 2009. (2) ,, andand Sectionsandapply to proceedings begun before January 1, 2009, regardless of whether a guardianship or protective order has been …

75-6-101. Definitions. As used in this part: (1) "Account" means a contract of deposit of funds between a depositor and a financial institution and includes: a checking account; a savings account; a certificate of deposit; a share account; and other like arrangement. (2) "Benefic…

75-6-102. Ownership as between parties and others -- Protection of financial institutions. The provisions of Sectionsthroughconcerning beneficial ownership as between parties, or as between parties and P.O.D. payees or beneficiaries of multiple-party accounts, are relevant only t…

75-6-103. Ownership during lifetime. (1) A joint account belongs, during the lifetime of all parties, to the parties in proportion to the net contributions by each to the sums on deposit, unless there is clear and convincing evidence of a different intent. (2) A P.O.D. account be…

75-6-104. Right of survivorship. (1) Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless there is clear and convincing evidence of a different intention. A financial institution…

75-6-105. Effect of written notice to financial institution. The provisions of Sectionas to rights of survivorship are determined by the form of the account at the death of a party. This form may be altered by written order given by a party to the financial institution to change …