Utah Code 75-5-310.5. Temporary guardians
Current as of: 2024 | Check for updates
|
Other versions
(1) If, after notice and hearing as required by Section 75-5-303, the court finds good cause, the court may:
Terms Used In Utah Code 75-5-310.5
- 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
- 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
- Ward: means a person for whom a guardian has been appointed. See Utah Code 75-1-201 v2
(1)(a) appoint a temporary guardian;(1)(b) convert an emergency guardian to a temporary guardian if an emergency guardian has been appointed under Section 75-5-310; or(1)(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.