Utah Code 75-5-306. Termination of guardianship for incapacitated person — Termination of authority and responsibility of guardian
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Terms Used In Utah Code 75-5-306
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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
- Incapacity: means incapacitated. See Utah Code 75-1-201 v2
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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
- Probate: Proving a will
- Proceeding: includes action at law and suit in equity. See Utah Code 75-1-201 v2
- Ward: means a person for whom a guardian has been appointed. See Utah Code 75-1-201 v2
(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:(1)(a)(i) that the ward is no longer incapacitated; and(1)(a)(ii) for removal or resignation of the guardian in accordance with Section 75-5-307.(1)(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.(1)(c) A request for the order described in Subsection (1) may be made by informal letter to the court.(1)(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:
(2)(a) the death of the guardian or the ward;
(2)(b) the determination that the guardian is incapacitated; or
(2)(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.