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[Utah Code Table of Contents]
[TITLE 75. Table of Contents]
[CHAPTER 5. Table of Contents]
75-5-201 Status of guardian of minor - General.
(1) (a) A person becomes a guardian of a minor by acceptance of a testamentary appointment, through appointment by a local school board under Section 53A-2-202 , or upon appointment by the court.
(b) The guardianship status continues until terminated, without regard to the location from time to time of the guardian and minor ward.
(2) (a) A document issued by other than a court of law which purports to award guardianship to a person who is not a legal resident of the jurisdiction in which the guardianship is awarded is not valid in the state of Utah until reviewed and approved by a Utah court.
(b) The procedure for obtaining approval of a guardianship
under Subsection (2)(a) shall be identical to the procedure
required under this part for obtaining a court appointment
of a guardian.
1998
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 Section 75-5-203 , an appointment by will or written instrument becomes effective upon filing the guardian's acceptance in the court in which the will is probated or the document is filed, if before acceptance, both parents are dead or the surviving parent is adjudged incapacitated.
(3) If both parents are dead, an effective appointment by the parent who died later has priority.
(4) This state recognizes a testamentary appointment effected by filing the guardian's acceptance under a will probated in another state which is the testator's domicile.
(5) Upon acceptance of appointment, written notice of
acceptance shall be given by the guardian to the minor and
to the person having his care, or to his nearest adult relative.
1985
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:
(a) the written instrument is filed with the petition for appointment of guardian in the court having probate jurisdiction in the county of residence of the last parent to die, if death occurred in the state, and otherwise in the court having probate jurisdiction in the county in which the minor resides in the state; and
(b) the person appointed as guardian filed in the court having jurisdiction an affidavit of acceptance which states:
(i) the name, address, and age, or birthday if known, of the minor;
(ii) the name, address, and telephone number of the appointee-guardian;
(iii) the names of the parents of the minor and that both are dead or that any surviving parent has been adjudged incapacitated;
(iv) the name of the parent who was last to die and the county where that parent resided at the date of his death;
(v) that the appointee-guardian knows of no other appointment of a guardian which supersedes the appointment by written instrument;
(vi) that the appointee-guardian accepts the appointment.
(2) The latest document appointing a guardian, whether will or written instrument, which is executed by the last parent to die has priority.
(3) Upon acceptance of an appointment, written notice of acceptance shall be given by the guardian to the minor, if he is 14 years of age or older, and to the person having his care or to his nearest adult relative.
(4) For purposes of this chapter, "instrumental" refers
to a written instrument as described in this section.
1985
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 days after notice of its acceptance. An objection
may be withdrawn. An objection does not preclude, after a
hearing on the objection, appointment by the court in a proper
proceeding of the testamentary or instrumental nominee, or
any other suitable person.
1985
75-5-204 Court appointment of guardian of minor - Conditions for appointment.
The court may appoint a guardian for an unemancipated
minor if all parental rights of custody have been terminated
or suspended by circumstances or prior court order. A guardian
appointed by will under Section
75-5-202
, or by written instrument under Section
75-5-202.5
, whose appointment has not been prevented or
nullified under Section
75-5-203
has priority over any guardian who may be appointed
by the court, but the court may proceed with an appointment
upon a finding that the testamentary or instrumental guardian
has failed to accept the testamentary appointment within
30 days after notice of the guardianship proceeding.
1985
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.
1975
75-5-206 Court appointment of guardian of minor - Qualifications - Priority of minor's nominee.
(1) (a) The court may appoint as guardian any person whose appointment would be in the best interests of the minor.
(b) In determining the minor's best interests, the court may consider the minor's physical, mental, moral, and emotional health needs.
(2) Except as provided in Subsection (3), the court shall appoint a person nominated by the minor, if the minor is 14 years of age or older, unless the court finds the appointment contrary to the best interests of the minor.
(3) The court may deny the appointment of a guardian for a minor of school age if it finds that:
(a) if the minor is older than 11 years of age:
(i) the minor has not secured a certificate from the local police authority in the jurisdiction where the minor has lived during the past two years stating that there have been no criminal charges filed against the minor and the minor is not the subject of a criminal investigation in that jurisdiction and given a copy of the certificate to the superintendent of the school district in which the minor would attend school in Utah; or
(ii) a release has not been given by or on behalf of the minor to the superintendent of the school district in which the minor would attend school in Utah within a reasonable time prior to the guardianship hearing, allowing the superintendent full access to all criminal records of the minor in those jurisdictions outside the state where the minor has resided during the previous two years, which release remains part of the minor's school records together with verification of residence for the previous two years, except that information disclosed in the criminal records may not be made a part of the minor's school record;
(b) the school district has proven by a preponderance of the evidence that the primary purpose for the guardianship is to avoid the payment of tuition, which a school district may assess against a nonresident for attendance at a Utah public school; or
(c) after consideration of relevant evidence, including
any presented by the school district in which the petitioner
resides, the minor's behavior indicates an ongoing unwillingness
to abide by applicable law or school rules.
1995
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 Section 75-1-401 to:
(a) the minor, if the minor is 14 years of age or older;
(b) the person who has had the principal care and custody of the minor during the 60 days preceding the date of the petition;
(c) any living parent of the minor;
(d) any guardian appointed by the will or written instrument of the parent of the minor who died last; and
(e) the school district in which the petitioner resides and a representative of the school district may participate in the hearing.
(2) (a) Upon hearing, if the court finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the requirements of Sections 75-5-204 and 75-5-206 have been met, and the welfare and best interests of the minor will be served by the requested appointment, it may make the appointment.
(b) In other cases the court may dismiss the proceedings or make any other disposition of the matter that will best serve the interest of the minor.
(3) (a) If necessary, the court may appoint a temporary guardian, with the status of an ordinary guardian of a minor.
(b) The authority of a temporary guardian may not last longer than six months.
(4) If, at any time in the proceeding, the court determines
that the interests of the minor are or may be inadequately
represented, it may appoint an attorney to represent the
minor, giving consideration to the preference of the minor
if the minor is 14 years of age or older.
1995
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 by any interested person or any person
interested in the welfare of the minor. Notice of any proceeding
shall be delivered to the guardian or mailed to him by ordinary
mail at his address as listed in the court records and to
his address as then known to the petitioner. Letters of guardianship
shall indicate whether the guardian was appointed by will,
written instrument, or by court order.
1985
75-5-209 Powers and duties of guardian of minor.
A guardian of a minor has the powers and responsibilities of a parent who has not been deprived of custody of his minor and unemancipated child, except that a guardian is not legally obligated to provide from his own funds for the ward and is not liable to third persons by reason of the parental relationship for acts of the ward. In particular, and without qualifying the foregoing, a guardian has the following powers and duties:
(1) He must take reasonable care of his ward's personal effects and commence protective proceedings if necessary to protect other property of the ward.
(2) He may receive money payable for the support of the ward to the ward's parent, guardian, or custodian under the terms of any statutory benefit or insurance system, or any private contract, devise, trust, conservatorship or custodianship. He also may receive money or property of the ward paid or delivered by virtue of Section 75-5-102 . Any sums so received shall be applied to the ward's current needs for support, care and education. He must exercise due care to conserve any excess for the ward's future needs unless a conservator has been appointed for the estate of the ward, in which case the excess shall be paid over at least annually to the conservator. Sums so received by the guardian are not to be used for compensation for his services except as approved by order of court or as determined by a duly appointed conservator other than the guardian. Unless otherwise provided by statute, a guardian may institute proceedings to compel the performance by any person of a duty to support the ward or to pay sums for the welfare of the ward.
(3) The guardian is empowered to facilitate the ward's education, social, or other activities and to authorize medical or other professional care, treatment, or advice. A guardian is not liable by reason of this consent for injury to the ward resulting from the negligence or acts of third persons unless it would have been illegal for a parent to have consented. A guardian may consent to the marriage or adoption of his ward.
(4) A guardian must report the condition of his ward and
of the ward's estate which has been subject to his possession
or control, as ordered by court on petition of any person
interested in the minor's welfare or as required by court
rule.
1992
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 liability for prior acts
nor his obligation to account for funds and assets of his
ward. Resignation of a guardian does not terminate the guardianship
until it has been approved by the court. A testamentary appointment
under an informally probated will terminates if the will
is later denied probate in a formal proceeding.
1975
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, accounting, and other proceedings relating to the guardianship.
(2) If the court located where the ward resides is not
the court in which acceptance of appointment is filed, the
court in which proceedings subsequent to appointment are
commenced shall in all appropriate cases notify the other
court, in this or another state, and after consultation with
that court determine whether to retain jurisdiction or transfer
the proceedings to the other court, whichever is in the best
interest of the ward. A copy of any order accepting a resignation
or removing a guardian shall be sent to the court in which
acceptance of appointment is filed.
1985
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 permission to resign. A petition for removal or for permission to resign may, but need not, include a request for appointment of a successor guardian.
(2) After notice and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate.
(3) If, at any time in the proceeding, the court determines
that the interests of the ward are, or may be, inadequately
represented, it may appoint an attorney to represent the
minor, giving consideration to the preference of the minor
if the minor is 14 or more years of age.
1975
