reglab/statecodes huggingface dataset:
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 4 - Foreign Personal Representatives - Ancillary Administration › Part 2 - Powers of Foreign Personal Representatives › Section 203 - Resident creditor notice.

75-4-203.
Resident creditor notice.
Payment or delivery under Section 75-4-201 may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should not be paid nor the property delivered to the domiciliary foreign personal representative.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 4 - Foreign Personal Representatives - Ancillary Administration › Part 2 - Powers of Foreign Personal Representatives › Section 204 - Proof of authority -- Bond.

75-4-204.
Proof of authority -- Bond.
If no local administration or application or petition therefor is pending in this state, a domiciliary foreign personal representative may file with a court in this state in a county in which property belonging to the decedent is located, authenticated copies of his appointment and of any official bond he has given.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 4 - Foreign Personal Representatives - Ancillary Administration › Part 2 - Powers of Foreign Personal Representatives › Section 205 - Powers.

75-4-205.
Powers.
A domiciliary foreign personal representative who has complied with Section 75-4-204 may exercise as to assets in this state all powers of a local personal representative and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident parties generally. The provisions of this section shall not apply to persons other than individuals acting as foreign personal representatives unless the state of the principal place of business of such foreign personal representative provides substantially similar provisions applicable to personal representatives from this state.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 4 - Foreign Personal Representatives - Ancillary Administration › Part 2 - Powers of Foreign Personal Representatives › Section 206 - Power of representatives in transition.

75-4-206.
Power of representatives in transition.
The power of a domiciliary foreign personal representative under Section 75-4-201 or 75-4-205 shall be exercised only if there is no administration or application therefor pending in this state. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under Section 75-4-205, but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate. No person who, before receiving actual notice of a pending local administration, has changed his position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for him in any action or proceedings in this state.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 4 - Foreign Personal Representatives - Ancillary Administration › Part 2 - Powers of Foreign Personal Representatives › Section 207 - Ancillary and other local administrations -- Provisions governing.

75-4-207.
Ancillary and other local administrations -- Provisions governing.
In respect to a nonresident decedent, the provisions of Chapter 3, Probate of Wills and Administration, govern proceedings, if any, in a court of this state for probate of the will, appointment, removal, supervision, and discharge of the local personal representative, and any other order concerning the estate; and the status, powers, duties, and liabilities of any local personal representative and the rights of claimants, purchasers, distributees, and others in regard to a local administration.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 4 - Foreign Personal Representatives - Ancillary Administration › Part 3 - Jurisdiction Over Foreign Representatives › Section 301 - Jurisdiction by act of foreign personal representative.

75-4-301.
Jurisdiction by act of foreign personal representative.
A foreign personal representative submits personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by:
(1) filing authenticated copies of his appointment as provided in Section 75-4-204;
(2) receiving payment of money or taking delivery of personal property under Section 75-4-201; or
(3) doing any act as a personal representative in this state which would have given the state jurisdiction over him as an individual. Jurisdiction under Subsection (2) is limited to the money or value of personal property collected.
Amended by Chapter 30, 1992 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 4 - Foreign Personal Representatives - Ancillary Administration › Part 3 - Jurisdiction Over Foreign Representatives › Section 302 - Jurisdiction by act of decedent.

75-4-302.
Jurisdiction by act of decedent.
In addition to jurisdiction conferred by Section 75-4-301, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that his decedent was subject to jurisdiction immediately prior to death.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 4 - Foreign Personal Representatives - Ancillary Administration › Part 3 - Jurisdiction Over Foreign Representatives › Section 303 - Service on foreign personal representative.

75-4-303.
Service on foreign personal representative.
(1) Service of process may be made upon the foreign personal representative by registered or certified mail, addressed to his last reasonably ascertainable address, and requesting a return receipt signed by addressee only. Notice by ordinary first class mail is sufficient if registered or certified mail service to the addressee is unavailable. Service may be made upon a foreign personal representative in the manner in which service could have been made under other laws of this state on either the foreign personal representative or his decedent immediately prior to death.
(2) If service is made upon a foreign personal representative as provided in Subsection (1) above he shall be allowed at least 30 days within which to appear or respond.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 4 - Foreign Personal Representatives - Ancillary Administration › Part 4 - Judgments and Personal Representative › Section 401 - Effect of adjudication for or against personal representative.

75-4-401.
Effect of adjudication for or against personal representative.
An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if he were a party to the adjudication.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5 - Protection of Persons Under Disability and Their Property › Part 1 - General Provisions › Section 101 - Jurisdiction of subject matter -- Consolidation of proceedings.

75-5-101.
Jurisdiction of subject matter -- Consolidation of proceedings.
(1) The court has jurisdiction over protective proceedings and guardianship proceedings.
(2) When both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5 - Protection of Persons Under Disability and Their Property › Part 1 - General Provisions › Section 102 - Facility of payment or delivery.

Effective 5/5/2021
75-5-102.
Facility of payment or delivery.
(1) Any person under a duty to pay or deliver money or personal property to a minor may perform the duty to pay or deliver money or personal property, in amounts not exceeding $15,000 per annum, by paying or delivering the money or personal property to:
(a) the minor if:
(i) the minor is married; or
(ii) payment to the minor is expressly authorized by statute;
(b) any person having the care and custody of the minor with whom the minor resides; or
(c) a guardian of the minor.
(2) This section does not apply if the person making payment or delivery has actual knowledge that a conservator has been appointed or proceedings for appointment of a conservator of the estate of the minor are pending.
(3)
(a) Any person, other than the minor, receiving money or property for a minor:
(i) is obligated to apply the money to the support and education of the minor; and
(ii) may not pay oneself except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor's support.
(b) Any excess sums of money under Subsection (3)(a) shall be preserved for future support of the minor.
(c) Any balance of money that is not used and any property received for the minor must be turned over to the minor when the minor attains the age of 18.
(4)
(a) If any money under Subsection (1) is the result of a personal injury claim or wrongful death claim, the threshold amount of $15,000 per annum described in Subsection (1) shall be the amount payable to the minor after the payment of medical bills, attorney fees, and costs of litigation that were incurred by the claim.
(b) Any person, other than the minor, receiving money under Subsection (4)(a) for a minor shall hold the money in a trust for the sole benefit of the minor.
(c) Any money that is held in a trust for a minor under Subsection (4)(b) shall be turned over to the minor when the minor attains the age of 18.
(d) Notwithstanding Subsection (4)(c), a parent or guardian of the minor may petition the court to request the disbursement of the money held in the trust for the minor under Subsection (4)(b) at any time before the minor is 18 years old.
(5) Any person receiving money under this section on behalf of a minor shall have the power to settle and release in whole or in part the claims belonging to the minor giving rise to the duty to pay money to the minor.
(6) Any person who pays or delivers in accordance with provisions of this section is not responsible for the proper application thereof.
Amended by Chapter 61, 2021 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5 - Protection of Persons Under Disability and Their Property › Part 1 - General Provisions › Section 103 - Delegation of powers by parent or guardian.

Effective 5/8/2018
75-5-103.
Delegation of powers by parent or guardian.
A parent or a guardian of a minor or incapacitated person, by a properly-executed power of attorney, may delegate to another person, for a period not exceeding six months, any of the parent's or guardian's powers regarding care, custody, or property of the minor child or ward:
(1) except the power to consent to:
(a) marriage; or
(b) adoption of a minor ward; and
(2) subject to Section 53G-6-302, including making decisions related to schooling.
Amended by Chapter 64, 2018 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5 - Protection of Persons Under Disability and Their Property › Part 1 - General Provisions › Section 104 - Power of court to appoint guardian ad litem not affected.

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.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5 - Protection of Persons Under Disability and Their Property › Part 1 - General Provisions › Section 105 - Bond of guardian.

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 Sections 75-5-411 and 75-5-412.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5 - Protection of Persons Under Disability and Their Property › Part 2 - Guardians of Minors › Section 201 - Status of guardian of minor -- General.

Effective 3/22/2018
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 53G-6-303, 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.
Amended by Chapter 415, 2018 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5 - Protection of Persons Under Disability and Their Property › Part 2 - Guardians of Minors › Section 202 - Appointment of guardian of minor.

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.
Amended by Chapter 41, 1985 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5 - Protection of Persons Under Disability and Their Property › Part 2 - Guardians of Minors › Section 202.5 - Appointment of guardian by written instrument.

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.
Enacted by Chapter 41, 1985 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5 - Protection of Persons Under Disability and Their Property › Part 2 - Guardians of Minors › Section 203 - Objection to appointment.

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.
Amended by Chapter 41, 1985 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5 - Protection of Persons Under Disability and Their Property › Part 2 - Guardians of Minors › Section 204 - Court appointment of guardian of minor -- Conditions for appointment.

Effective 5/5/2021
75-5-204.
Court appointment of guardian of minor -- Conditions for appointment.
(1) In accordance with Subsection (2), the court may appoint a guardian for an unemancipated minor if:
(a) each parent of the minor acknowledges that the parent understands the legal effect of the guardianship and consents;
(b) all parental rights have been terminated; or
(c) each parent is unwilling or unable to exercise the parent's parental rights for any reason, including a court order suspending the parent's parental rights.
(2)
(a) 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 court appointed guardian.
(b) Notwithstanding Subsection (2)(a), the court may proceed with a court 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.
Amended by Chapter 287, 2021 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5 - Protection of Persons Under Disability and Their Property › Part 2 - Guardians of Minors › Section 205 - Court appointment of guardian of minor -- Venue.

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.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5 - Protection of Persons Under Disability and Their Property › Part 2 - Guardians of Minors › Section 206 - Court appointment of guardian of minor -- Qualifications -- Priority of minor's nominee.

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.
(4) If a school district files an objection for reasons described in Subsection (3)(b), and the court does not find in favor of the school district, the court may award the petitioner attorney fees and costs if the court finds that the school district's arguments lack a reasonable basis in law or fact.
Amended by Chapter 392, 2010 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5 - Protection of Persons Under Disability and Their Property › Part 2 - Guardians of Minors › Section 207 - Court appointment of guardian of minor -- Procedure.

Effective 5/5/2021
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 old 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) After a hearing, a court may appoint a guardian if the court finds by preponderance of the evidence that:
(i) a qualified person seeks appointment;
(ii) venue is proper;
(iii) the required notices have been given;
(iv) the requirements of Sections 75-5-204 and 75-5-206 have been met; and
(v) the welfare and best interests of the minor will be served by the requested 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 old or older.
Amended by Chapter 287, 2021 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5 - Protection of Persons Under Disability and Their Property › Part 2 - Guardians of Minors › Section 208 - Consent to service by acceptance of appointment -- Notice.

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.
Amended by Chapter 41, 1985 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5 - Protection of Persons Under Disability and Their Property › Part 2 - Guardians of Minors › Section 210 - Termination of appointment of guardian -- General.

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.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5 - Protection of Persons Under Disability and Their Property › Part 2 - Guardians of Minors › Section 211 - Proceedings subsequent to appointment -- Venue.

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.
Amended by Chapter 41, 1985 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 5 - Protection of Persons Under Disability and Their Property › Part 2 - Guardians of Minors › Section 212 - Resignation or removal proceedings.

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.
Enacted by Chapter 150, 1975 General Session
2023 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 301 - Appointment of guardian for incapacitated person.

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 75-5-202.5, appoint a guardian of the incapacitated person. A testamentary appointment by a parent becomes effective when, after having given seven days' prior written notice of his intention to do so to the incapacitated person and to the person having his care or with whom he resides or to at least one adult relative in the nearest degree of kinship to the incapacitated person in which there is an adult, the guardian files acceptance of appointment in the court in which the will is informally or formally probated, or where the written instrument is filed, if prior thereto both parents are dead or the surviving parent is adjudged incapacitated. If both parents are dead, an effective appointment by the parent who died later has priority unless it is terminated by the denial of probate in formal proceedings. A provision contained in a person's will or written instrument appointing a guardian of his minor children is not to be considered to be an appointment of a guardian of an incapacitated adult child unless it appears from the will that this was the testator's intention.
(2) The spouse of a married incapacitated person may by will or written instrument appoint a guardian of the incapacitated person. The appointment becomes effective when, after having given seven days' prior written notice of his intention to do so to the incapacitated person and to the person having his care or with whom he resides or to at least one adult relative in the nearest degree of kinship to the incapacitated person in which there is an adult, the guardian files acceptance of appointment in the court in which the will is informally or formally probated or the written instrument is filed. An effective appointment by a spouse has priority over an appointment by a parent unless it is terminated by the denial of probate in formal proceedings.
(3) This state shall recognize a testamentary appointment effected by filing acceptance under a will probated at the testator's domicile in another state.
(4) On the filing with the court in which the will was probated or the written instrument was filed, of written objection to the appointment by the person for whom a testamentary or instrumental appointment of guardian has been made, the appointment is terminated. An objection does not prevent appointment by the court in a proper proceeding of the nominee named by will or written instrument or any other suitable person upon an adjudication of incapacity in proceedings under the succeeding sections of this part.
Amended by Chapter 41, 1985 General Session
2023 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
2023 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 5/4/2022
75-5-304.
Findings -- Limited guardianship preferred -- Order of appointment.
(1) The court may appoint a guardian as requested if the court is satisfied that:
(a) the person for whom a guardian is sought is incapacitated; and
(b) the appointment is necessary or desirable as a means of providing continuing care and supervision of the incapacitated person.
(2)
(a)
(i) The court shall prefer a limited guardianship and may only grant a full guardianship if no other alternative exists.
(ii) 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)
(i) An order of appointment of a limited guardianship shall state the limitations of the guardianship.
(ii) 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) Except as provided in Subsection (3)(b), 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.
(b) Upon a finding that the testamentary or instrumental guardian has failed to accept the appointment within 30 days after notice of the guardianship proceeding, the court may:
(i) dismiss the proceeding; or
(ii) enter any other appropriate order.
(4) If the court grants a guardian with the power to make or assist with health care decisions for an incapacitated person, the court shall include in the order of appointment the name of any interested person for whom the guardian must notify of any significant health care or treatment received by the incapacitated person.
Amended by Chapter 441, 2022 General Session
2023 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
2023 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 -- Termination of authority and responsibility of guardian.

Effective 5/4/2022
75-5-306.
Termination of guardianship for incapacitated person -- Termination of authority and responsibility of guardian.
(1)
(a) Except for the time period described in Subsection (1)(b), the ward or any person interested in the ward's welfare may petition for an order:
(i) that the ward is no longer incapacitated; and
(ii) for removal or resignation of the guardian in accordance with Section 75-5-307.
(b) In an order adjudicating capacity, a court may specify a minimum period of time, not exceeding one year, during which no petition for an adjudication that the ward is no longer incapacitated can be filed without leave from the court.
(c) A request for the order described in Subsection (1) may be made by informal letter to the court.
(d) Any person who knowingly interferes with a request described in Subsection (1)(a) may be sanctioned by the court.
(2) The authority and responsibility of a guardian for an incapacitated person terminates upon:
(a) the death of the guardian or the ward;
(b) the determination that the guardian is incapacitated; or
(c) the removal or resignation of the guardian in accordance with Section 75-5-307.
(3) Resignation of a guardian does not terminate the guardianship until the resignation has been approved by the court.
(4) Testamentary appointment of a guardian under an informally probated will terminates if the will is later denied probate in a formal proceeding.
(5) Termination of a guardian does not affect the guardian's liability for the guardian's prior acts or the guardian's obligation to account for funds and assets of the guardian's ward.
(6) On a petition to order that a ward's incapacity is terminated, the court shall follow the same procedures to safeguard the rights of the ward for a petition for appointment of a guardian under Section 75-5-303.
Repealed and Re-enacted by Chapter 441, 2022 General Session
2023 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.

Effective 5/4/2022
75-5-307.
Removal or resignation of guardian.
(1) On a petition of resignation from a guardian, the court may:
(a) accept the guardian's resignation; or
(b) 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 ward's welfare, the court may remove a guardian if:
(a) the guardian obtained the appointment by fraud, deceit, or gross misrepresentation;
(b) the guardian fails to perform the guardian's duties described in Section 75-5-312;
(c) the guardian is unable to perform the guardian's duties, described in Section 75-5-312, due to incapacity or illness;
(d) the guardian fails to use reasonable care and diligence in the management of the ward's estate;
(e) the guardian is found by the court to have filed a petition frivolously or in bad faith under Section 75-5-312.5;
(f) the guardian's interests have become adverse to the faithful performance of the guardian's duties and there is a risk that the guardian will fail to faithfully perform the guardian's duties; or
(g) removal of the guardian would be in the best interest of the ward.
(3) If the court removes a guardian under Subsection (2), the court may:
(a) appoint a successor guardian; or
(b) make any other order that is appropriate.
(4) On a petition of resignation or removal of a guardian, the court shall follow the same procedures to safeguard the rights of the ward for a petition for appointment of a guardian under Section 75-5-303.
(5) 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.
Repealed and Re-enacted by Chapter 441, 2022 General Session
2023 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
2023 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 5/3/2023
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 26B, Chapter 6, Part 2, 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 330, 2023 General Session
2023 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
2023 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
2023 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 5/3/2023
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 old 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 26B, Chapter 6, Part 3, Office of Public Guardian.
Amended by Chapter 330, 2023 General Session
2023 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