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H.B. 243 Enrolled
AN ACT RELATING TO GUARDIANSHIPS; PROVIDING THAT A DOCUMENT ISSUED
BY OTHER THAN A COURT OF LAW WHICH PURPORTS TO AWARD
GUARDIANSHIP TO A PERSON WHO IS NOT A LEGAL RESIDENT OF THE
JURISDICTION IN WHICH THE GUARDIANSHIP IS AWARDED IS NOT VALID IN THE
STATE UNTIL REVIEWED AND APPROVED BY A UTAH COURT; AND PROVIDING
AN APPROVAL PROCEDURE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
75-5-201, as enacted by Chapter 150, Laws of Utah 1975
ENACTS:
53A-2-203.5, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53A-2-203.5 is enacted to read:
53A-2-203.5. Recognition of guardianship.
(1) A document issued by other than a court of law which purports to award guardianship
to a person who is not a legal resident of the jurisdiction in which the guardianship is awarded is
not valid in the state of Utah until reviewed and approved by a Utah court.
(2) The procedure for obtaining approval under Subsection (1) is the procedure required
under Title 75, Chapter 5, Part 2, for obtaining a court appointment of a guardian.
Section 2. Section 75-5-201 is amended to read:
75-5-201. Status of guardian of minor -- General.
(1) (a) A person becomes a guardian of a minor by acceptance of a testamentary
appointment, through appointment by a local school board under Section 53A-2-202 , or upon
appointment by the court.
(b) The guardianship status continues until terminated, without regard to the location from
time to time of the guardian and minor ward.
(2) (a) A document issued by other than a court of law which purports to award guardianship
to a person who is not a legal resident of the jurisdiction in which the guardianship is awarded is not
valid in the state of Utah until reviewed and approved by a Utah court.
(b) The procedure for obtaining approval of a guardianship under Subsection (2)(a) shall be
identical to the procedure required under this part for obtaining a court appointment of a guardian.
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