Utah Code 75-5-304. Findings — Limited guardianship preferred — Order of appointment
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(1) The court may appoint a guardian as requested if the court is satisfied that:
Terms Used In Utah Code 75-5-304
- 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 - Incapacitated: means a judicial determination after proof by clear and convincing evidence that an adult's ability to do the following is impaired to the extent that the individual lacks the ability, even with appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care:(24)(a) receive and evaluate information;(24)(b) make and communicate decisions; or(24)(c) provide for necessities such as food, shelter, clothing, health care, or safety. See Utah Code 75-1-201 v2
- Interested person: includes heirs, devisees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against a trust estate or the estate of a decedent, ward, or protected person. See Utah Code 75-1-201 v2
- Letters: includes letters testamentary, letters of guardianship, letters of administration, and letters of conservatorship. See Utah Code 75-1-201 v2
- Person: means an individual or an organization. See Utah Code 75-1-201 v2
- Proceeding: includes action at law and suit in equity. See Utah Code 75-1-201 v2
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States, or a Native American tribe or band recognized by federal law or formally acknowledged by a state. See Utah Code 75-1-201 v2
(1)(a) the person for whom a guardian is sought is incapacitated; and(1)(b) the appointment is necessary or desirable as a means of providing continuing care and supervision of the incapacitated person.
(2)
(2)(a)
(2)(a)(i) The court shall prefer a limited guardianship and may only grant a full guardianship if no other alternative exists.
(2)(a)(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.
(2)(b)
(2)(b)(i) An order of appointment of a limited guardianship shall state the limitations of the guardianship.
(2)(b)(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)
(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.
(3)(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:
(3)(b)(i) dismiss the proceeding; or
(3)(b)(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.