Utah Code 75-5-204. Court appointment of guardian of minor — Conditions for appointment
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(1) In accordance with Subsection (2), the court may appoint a guardian for an unemancipated minor if:
Terms Used In Utah Code 75-5-204
- Court: means any of the courts of record in this state having jurisdiction in matters relating to the affairs of decedents. See Utah Code 75-1-201 v2
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment, or by written instrument as provided in Section
Utah Code 75-1-201 v2 - Minor: means a person who is under 18 years old. See Utah Code 75-1-201 v2
- Parent: includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this title by intestate succession from the child whose relationship is in question. See Utah Code 75-1-201 v2
- Proceeding: includes action at law and suit in equity. See Utah Code 75-1-201 v2
(1)(a) each parent of the minor acknowledges that the parent understands the legal effect of the guardianship and consents;
(1)(b) all parental rights have been terminated; or
(1)(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)
(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.
(2)(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.