reglab/housing_qa huggingface dataset:
UT Code § 75-5-302 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 3 - Guardians of Incapacitated Persons|Section 302 - Venue.

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 also in the county in which that court sits.  Enacted by Chapter 150, 1975 General Session
UT Code § 75-5-304 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 3 - Guardians of Incapacitated Persons|Section 304 - Findings -- Limited guardianship preferred -- Order of appointment.

 Effective 5/9/2017  75-5-304. Findings -- Limited guardianship preferred -- Order of appointment.    (1) The court may appoint a guardian as requested if it is satisfied that the person for whom a guardian is sought is incapacitated and that the appointment is necessary or desirable as a means of providing continuing care and supervision of the incapacitated person.     (2)   (a) The court shall prefer a limited guardianship and may only grant a full guardianship if no other alternative exists. If the court does not grant a limited guardianship, a specific finding shall be made that nothing less than a full guardianship is adequate.     (b) An order of appointment of a limited guardianship shall state the limitations of the guardianship. Letters of guardianship for a limited guardianship shall state the limitations of the guardianship unless the court determines for good cause shown that a limitation should not be listed in the letters.       (3) A guardian appointed by will or written instrument, under Section 75-5-301, whose appointment has not been prevented or nullified under Subsection 75-5-301(4), 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 appointment within 30 days after notice of the guardianship proceeding. Alternatively, the court may dismiss the proceeding or enter any other appropriate order.    Amended by Chapter 403, 2017 General Session
UT Code § 75-5-305 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 3 - Guardians of Incapacitated Persons|Section 305 - Acceptance of appointment -- Consent to jurisdiction.

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 welfare of the ward. 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.  Amended by Chapter 194, 1977 General Session
UT Code § 75-5-306 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 3 - Guardians of Incapacitated Persons|Section 306 - Termination of guardianship for incapacitated person.

75-5-306. Termination of guardianship for incapacitated person.  The authority and responsibility of a guardian for an incapacitated person terminates upon the death of the guardian or ward, the determination of incapacity of the guardian, or upon removal or resignation as provided in Section 75-5-307. Resignation of a guardian does not terminate the guardianship until it has been approved by the court. Testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding. Termination does not affect his liability for prior acts nor his obligation to account for funds and assets of his ward.  Amended by Chapter 194, 1977 General Session
UT Code § 75-5-307 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 3 - Guardians of Incapacitated Persons|Section 307 - Removal or resignation of guardian -- Termination of incapacity.

75-5-307. Removal or resignation of guardian -- Termination of incapacity.    (1) On petition of the ward or any person interested in the ward's welfare, the court may remove a guardian and appoint a successor if in the best interests of the ward. On petition of the guardian, the court may accept the guardian's resignation and make any other order which may be appropriate.     (2) An order adjudicating incapacity may specify a minimum period, not exceeding one year, during which no petition for an adjudication that the ward is no longer incapacitated may be filed without special leave. Subject to this restriction, the ward or any person interested in the ward's welfare may petition for an order that the ward is no longer incapacitated and for removal or resignation of the guardian. A request for this order may be made by informal letter to the court or judge and any person who knowingly interferes with transmission of this kind of request to the court or judge may be adjudged guilty of contempt of court.     (3) Before removing a guardian, accepting the resignation of a guardian, or ordering that a ward's incapacity has terminated, the court shall follow the same procedures to safeguard the rights of the ward as apply to a petition for appointment of a guardian as provided in Section 75-5-303. The court is not required to appoint an attorney to represent the ward if the case is uncontested and the ward's incapacity is not at issue.    Amended by Chapter 274, 2012 General Session
UT Code § 75-5-308 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 3 - Guardians of Incapacitated Persons|Section 308 - Visitor in guardianship proceeding.

75-5-308. Visitor in guardianship proceeding.  A visitor is, with respect to guardianship proceedings, a person who is trained in law, nursing, or social work and is an officer, employee, or special appointee of the court with no personal interest in the proceedings.  Enacted by Chapter 150, 1975 General Session
UT Code § 75-5-309 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 3 - Guardians of Incapacitated Persons|Section 309 - Notices in guardianship proceedings.

 Effective 5/8/2018  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 following:   (a) the ward or the person alleged to be incapacitated and spouse, parents, and adult children of the ward or person;     (b) any person who is serving as guardian or conservator or who has care and custody of the ward or person;     (c) in case no other person is notified under Subsection (1)(a), at least one of the closest adult relatives, if any can be found;     (d) any guardian appointed by the will of the parent who died later or spouse of the incapacitated person; and     (e) Adult Protective Services if Adult Protective Services has received a referral under Title 62A, Chapter 3, Part 3, Abuse, Neglect, or Exploitation of a Vulnerable Adult, concerning the welfare of the ward or person alleged to be incapacitated or concerning the guardian or conservator or proposed guardian or conservator.       (2) The notice shall be in plain language and large type and the form shall have the final approval of the Judicial Council. The notice shall indicate the time and place of the hearing, the possible adverse consequences to the person receiving notice of rights, a list of rights, including the person's own or a court appointed counsel, and a copy of the petition.     (3) Notice shall be served personally on the alleged incapacitated person and the person's spouse and parents if they can be found within the state. Notice to the spouse and parents, if they cannot be found within the state, and to all other persons except the alleged incapacitated person shall be given as provided in Section 75-1-401. Waiver of notice by the person alleged to be incapacitated is not effective unless the person attends the hearing or the person's waiver of notice is confirmed in an interview with the visitor appointed pursuant to Section 75-5-303.    Amended by Chapter 455, 2018 General Session
UT Code § 75-5-310 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 3 - Guardians of Incapacitated Persons|Section 310 - Emergency guardians.

 Effective 5/9/2017  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, it may, without notice, appoint an emergency guardian for the person for a specified period not to exceed 30 days pending notice and hearing.     (2) Upon request by an interested person after the appointment of an emergency guardian, the court shall hold a hearing within 14 days pursuant to Section 75-5-303.    Amended by Chapter 403, 2017 General Session
UT Code § 75-5-310.5 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 3 - Guardians of Incapacitated Persons|Section 310.5 - Temporary guardians.

 Effective 5/13/2014  75-5-310.5. Temporary guardians.    (1) If, after notice and hearing as required by Section 75-5-303, the court finds good cause, the court may:   (a) appoint a temporary guardian;     (b) convert an emergency guardian to a temporary guardian if an emergency guardian has been appointed under Section 75-5-310; or     (c) appoint a different person as temporary guardian to replace an emergency guardian appointed under Section 75-5-310.       (2) Unless the allegedly incapacitated person has already obtained counsel in this proceeding or an attorney has been already appointed for the person, the court shall appoint an attorney to represent the person in the proceeding.     (3) Until a full hearing and further order of the court, the temporary guardian shall be charged with the care and custody of the ward and may not permit the ward to be removed from the state. The authority of any permanent guardian previously appointed by the court is suspended so long as a temporary guardian has authority.     (4) A temporary guardian may be removed at any time, and shall obey all orders and make any reports required by the court.     (5) A temporary guardian has all of the powers and duties of a permanent guardian as set forth in Section 75-5-312.    Enacted by Chapter 142, 2014 General Session
UT Code § 75-5-311 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 3 - Guardians of Incapacitated Persons|Section 311 - Who may be guardian -- Priorities.

 Effective 5/8/2018  75-5-311. Who may be guardian -- Priorities.    (1) As used in this section:   (a) "Specialized care professional" means a person who is certified as a National Certified Guardian or National Master Guardian by the Center for Guardianship Certification or similar organization.     (b) "Suitable institution" means any nonprofit or for profit corporation, partnership, sole proprietorship, or other type of business organization that is owned, operated by, or employs a specialized care professional.       (2) 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 nomination shall have been made prior to the person's incapacity, shall be in writing and shall be signed by the person making the nomination. The nomination shall be in substantially the following form: Nomination of Guardian by an Adult  I, (Name), being of sound mind and not acting under duress, fraud, or other undue influence, do hereby nominate (Name, current residence, and relationship, if any, of the nominee) to serve as my guardian in the event that after the date of this instrument I become incapacitated. Executed at ____________________________ (city, state) on this ____________ day of ______________ ____________________________________ (Signature)     (3) Except as provided in Subsection (2), persons who are not disqualified have priority for appointment as guardian in the following order:   (a) a person who has been nominated by the incapacitated person, by any means other than that described in Subsection (2), if the incapacitated person was 14 years of age or older when the nomination was executed and, in the opinion of the court, that person acted with sufficient mental capacity to make the nomination;     (b) the spouse of the incapacitated person;     (c) an adult child of the incapacitated person;     (d) a parent of the incapacitated person, including a person nominated by will, written instrument, or other writing signed by a deceased parent;     (e) any relative of the incapacitated person with whom he has resided for more than six months prior to the filing of the petition;     (f) a person nominated by the person who is caring for him or paying benefits to him;     (g) a specialized care professional, so long as the specialized care professional does not:   (i) profit financially or otherwise from or receive compensation for acting in that capacity, except for the direct costs of providing guardianship or conservatorship services; or     (ii) otherwise have a conflict of interest in providing those services;       (h) any competent person or suitable institution; or     (i) the Office of Public Guardian under Title 62A, Chapter 14, Office of Public Guardian Act.      Amended by Chapter 455, 2018 General Session
UT Code § 75-5-313 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 3 - Guardians of Incapacitated Persons|Section 313 - Proceedings subsequent to appointment -- Venue.

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, 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 may be 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.    Amended by Chapter 41, 1985 General Session
UT Code § 75-5-314 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 3 - Guardians of Incapacitated Persons|Section 314 - Mentally incompetent veteran -- Evidence of necessity for appointment of guardian.

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 been rated incompetent by the veterans administration on examination in accordance with the laws and regulations governing such veterans administration and that the appointment of a guardian is a condition precedent to the payment of any money due such ward by the veterans administration, shall be prima facie evidence of the necessity for such appointment.  Enacted by Chapter 150, 1975 General Session
UT Code § 75-5-315 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 3 - Guardians of Incapacitated Persons|Section 315 - Copies of public records furnished to veterans administration.

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, the official custodian of such public record shall without charge provide the applicant for such benefits or any person acting on behalf of the authorized representative of the veterans administration with a certified copy of such record.  Enacted by Chapter 150, 1975 General Session
UT Code § 75-5-401 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 4 - Protection of Property of Persons Under Disability and Minors|Section 401 - Protective proceedings.

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:   (a) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a minor if the court determines that a minor owns money or property that requires management or protection which cannot otherwise be provided, has or may have business affairs which may be jeopardized or prevented by minority, or that funds are needed for the minor's support and education and protection is necessary or desirable to obtain or provide funds.     (b) The provisions of Subsection (1)(a) may be applied to a person beyond minority up to age 21 under special circumstances as determined by the court.       (2) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person if the court determines that the person:   (a) is unable to manage the person's property and affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance; and     (b) has property which will be wasted or dissipated unless proper management is provided or that funds are needed for the support, care, and welfare of the person or those entitled to be supported by the person and protection is necessary or desirable to obtain or provide funds.       (3) Appointment of a conservator or other protective order may not be denied solely on the basis that the person for whom the conservatorship or other protective order is sought has a valid power of attorney in effect.    Amended by Chapter 375, 2001 General Session
UT Code § 75-5-402 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 4 - Protection of Property of Persons Under Disability and Minors|Section 402 - Protective proceedings -- Jurisdiction of affairs of protected persons.

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:  (1) Exclusive jurisdiction to determine the need for a conservator or other protective order until the proceedings are terminated;     (2) Exclusive jurisdiction to determine how the estate of the protected person which is subject to the laws of this state shall be managed, expended, or distributed to or for the use of the protected person or any of his dependents;     (3) Concurrent jurisdiction to determine the validity of claims against the person or estate of the protected person and his title to any property or claim.    Amended by Chapter 30, 1992 General Session
UT Code § 75-5-403 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 4 - Protection of Property of Persons Under Disability and Minors|Section 403 - Venue.

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 where he has property.    Amended by Chapter 30, 1992 General Session
UT Code § 75-5-404 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 4 - Protection of Property of Persons Under Disability and Minors|Section 404 - Original petition for appointment or protective order.

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 management of his property and affairs may petition for the appointment of a conservator or for other appropriate protective order.     (2) The petition shall set forth to the extent known, the interest of the petitioner; the name, age, residence, and address of the person to be protected; the name and address of his guardian, if any; the name and address of his nearest relative known to the petitioner; a general statement of his property with an estimate of the value thereof, including any compensation, insurance, pension, or allowance to which he is entitled; and the reason why appointment of a conservator or other protective order is necessary. If the appointment of a conservator is requested, the petition also shall set forth the name and address of the person whose appointment is sought and the basis of his priority for appointment.    Enacted by Chapter 150, 1975 General Session
UT Code § 75-5-405 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 4 - Protection of Property of Persons Under Disability and Minors|Section 405 - Notice.

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 be found within the state, or, if they cannot be found within the state, they must be given notice in accordance with Section 75-1-401. Waiver by the person to be protected is not effective unless he attends the hearing or, unless minority is the reason for the proceeding, waiver is confirmed in an interview with the visitor.     (2) Notice of a petition for appointment of a conservator or other initial protective order, and of any subsequent hearing, must be given to any person who has filed a request for notice under Section 75-5-406 and to interested persons and other persons as the court may direct. Except as otherwise provided in Subsection (1) above, notice shall be given in accordance with Section 75-1-401.    Enacted by Chapter 150, 1975 General Session