Title 75 Chapter 5 Section 310.5

Utah Uniform Probate Code
Protection of Persons Under Disability and Their Property
Section 310.5
Temporary guardians.


75-5-310.5.   Temporary guardians.

            (1) If, after notice and hearing as required by Section 75-5-303, the court finds good cause, the court may:

            (a) appoint a temporary guardian;

            (b) convert an emergency guardian to a temporary guardian if an emergency guardian has been appointed under Section 75-5-310; or

            (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.

Enacted by Chapter 142, 2014 General Session