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Index	Utah Code
Title 75	Utah Uniform Probate Code
Chapter 5	Protection of Persons Under Disability and Their Property
Part 2	Guardians of Minors
Section 204	Court appointment of guardian of minor -- Conditions for appointment. *(Effective 5/5/2021)*

Effective 5/5/2021
75-5-204. Court appointment of guardian of minor -- Conditions for appointment.

(1)

In accordance with Subsection (2), the court may appoint a guardian for an unemancipated minor if:

(a)	each parent of the minor acknowledges that the parent understands the legal effect of the guardianship and consents;

(b)	all parental rights have been terminated; or

(c)	each parent is unwilling or unable to exercise the parent's parental rights for any reason, including a court order suspending the parent's parental rights.

(2)

(a)	A guardian appointed by will under Section 75-5-202, or by written instrument under Section 75-5-202.5, whose appointment has not been prevented or nullified under Section 75-5-203 has priority over any court appointed guardian.

(b)	Notwithstanding Subsection (2)(a), the court may proceed with a court appointment upon a finding that the testamentary or instrumental guardian has failed to accept the testamentary appointment within 30 days after notice of the guardianship proceeding.

Amended by Chapter 287, 2021 General Session

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