Utah Code 75-5-207. Court appointment of guardian of minor — Procedure
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(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:
Terms Used In Utah Code 75-5-207
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Person: means an individual or an organization. See Utah Code 75-1-201 v2
- Petition: means a written request to the court for an order after notice. See Utah Code 75-1-201 v2
- Proceeding: includes action at law and suit in equity. See Utah Code 75-1-201 v2
- Venue: The geographical location in which a case is tried.
(1)(a) the minor, if the minor is 14 years old or older;
(1)(b) the person who has had the principal care and custody of the minor during the 60 days preceding the date of the petition;
(1)(c) any living parent of the minor;
(1)(d) any guardian appointed by the will or written instrument of the parent of the minor who died last; and
(1)(e) the school district in which the petitioner resides and a representative of the school district may participate in the hearing.
(2)
(2)(a) After a hearing, a court may appoint a guardian if the court finds by preponderance of the evidence that:
(2)(a)(i) a qualified person seeks appointment;
(2)(a)(ii) venue is proper;
(2)(a)(iii) the required notices have been given;
(2)(a)(v) the welfare and best interests of the minor will be served by the requested appointment.
(2)(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)
(3)(a) If necessary, the court may appoint a temporary guardian, with the status of an ordinary guardian of a minor.
(3)(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.