Title 75
Chapter 5
Part 3
Section 306
| Index | Utah Code |
| Title 75 | Utah Uniform Probate Code |
| Chapter 5 | Protection of Persons Under Disability and Their Property |
| Part 3 | Guardians of Incapacitated Persons |
| Section 306 | Termination of guardianship for incapacitated person -- Termination of authority and responsibility of guardian.
(Effective 5/4/2022)
|
Effective 5/4/2022
75-5-306.
Termination of guardianship for incapacitated person -- Termination of authority and responsibility of guardian.
| (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:
| (i) |
that the ward is no longer incapacitated; and |
| (ii) |
for removal or resignation of the guardian in accordance with Section 75-5-307. |
|
| (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. |
| (c) |
A request for the order described in Subsection (1) may be made by informal letter to the court. |
| (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:
| (a) |
the death of the guardian or the ward; |
| (b) |
the determination that the guardian is incapacitated; or |
| (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. |
Repealed and Re-enacted by Chapter
441, 2022 General Session