Utah Code 75-5-311. Who may be guardian — Priorities
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(1) As used in this section:
Terms Used In Utah Code 75-5-311
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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
- Fraud: Intentional deception resulting in injury to another.
- 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
- Organization: includes a corporation, limited liability company, business trust, estate, trust, partnership, joint venture, association, government or governmental subdivision or agency, or any other legal or commercial entity. 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
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) “Specialized care professional” means a person who is certified as a National Certified Guardian or National Master Guardian by the Center for Guardianship Certification or similar organization.(1)(b) “Suitable institution” means any nonprofit or for profit corporation, partnership, sole proprietorship, or other type of business organization that is owned, operated by, or employs a specialized care professional.(2) The court shall appoint a guardian in accordance with the incapacitated person’s most recent nomination, unless that person is disqualified or the court finds other good cause why the person should not serve as guardian. That nomination shall have been made prior to the person’s incapacity, shall be in writing and shall be signed by the person making the nomination. The nomination shall be in substantially the following form:Nomination of Guardian by an Adult I, (Name), being of sound mind and not acting under duress, fraud, or other undue influence, do hereby nominate (Name, current residence, and relationship, if any, of the nominee) to serve as my guardian in the event that after the date of this instrument I become incapacitated.
Executed at ____________________________ (city, state)
on this ____________ day of ______________
____________________________________
(Signature)
(3) Except as provided in Subsection (2), persons who are not disqualified have priority for appointment as guardian in the following order:(3)(a) a person who has been nominated by the incapacitated person, by any means other than that described in Subsection (2), if the incapacitated person was 14 years old or older when the nomination was executed and, in the opinion of the court, that person acted with sufficient mental capacity to make the nomination;(3)(b) the spouse of the incapacitated person;(3)(c) an adult child of the incapacitated person;(3)(d) a parent of the incapacitated person, including a person nominated by will, written instrument, or other writing signed by a deceased parent;(3)(e) any relative of the incapacitated person with whom he has resided for more than six months prior to the filing of the petition;(3)(f) a person nominated by the person who is caring for him or paying benefits to him;(3)(g) a specialized care professional, so long as the specialized care professional does not:(3)(g)(i) profit financially or otherwise from or receive compensation for acting in that capacity, except for the direct costs of providing guardianship or conservatorship services; or(3)(g)(ii) otherwise have a conflict of interest in providing those services;(3)(h) any competent person or suitable institution; or(3)(i) the Office of Public Guardian under Title 26B, Chapter 6, Part 3, Office of Public Guardian.