H.B. 243

1

RECOGNITION OF NON-COURT ORDERED
2 GUARDIANSHIPS
3 1998 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Sheryl L. Allen
6 AN ACT RELATING TO GUARDIANSHIPS; PROVIDING THAT A DOCUMENT ISSUED
7 BY OTHER THAN A COURT OF LAW WHICH PURPORTS TO AWARD
8 GUARDIANSHIP TO A PERSON WHO IS NOT A LEGAL RESIDENT OF THE
9 JURISDICTION IN WHICH THE GUARDIANSHIP IS AWARDED IS NOT VALID IN THE
10 STATE UNTIL REVIEWED AND APPROVED BY A UTAH COURT; AND PROVIDING
11 AN APPROVAL PROCEDURE.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 75-5-201, as enacted by Chapter 150, Laws of Utah 1975
15 ENACTS:
16 53A-2-203.5, Utah Code Annotated 1953
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 53A-2-203.5 is enacted to read:
19 53A-2-203.5. Recognition of guardianship.
20 (1) A document issued by other than a court of law which purports to award guardianship
21 to a person who is not a legal resident of the jurisdiction in which the guardianship is awarded is
22 not valid in the state of Utah until reviewed and approved by a Utah court.
23 (2) The procedure for obtaining approval under Subsection (1) is the procedure required
24 under Title 75, Chapter 5, Part 2, for obtaining a court appointment of a guardian.
25 Section 2. Section 75-5-201 is amended to read:
26 75-5-201. Status of guardian of minor -- General.
27 (1) (a) A person becomes a guardian of a minor by acceptance of a testamentary

1 appointment, through appointment by a local school board under Section 53A-2-202, or upon
2 appointment by the court.
3 (b) The guardianship status continues until terminated, without regard to the location from
4 time to time of the guardian and minor ward.
5 (2) (a) A document issued by other than a court of law which purports to award
6 guardianship to a person who is not a legal resident of the jurisdiction in which the guardianship
7 is awarded is not valid in the state of Utah until reviewed and approved by a Utah court.
8 (b) The procedure for obtaining approval of a guardianship under Subsection (2)(a) shall
9 be identical to the procedure required under this part for obtaining a court appointment of a
10 guardian.




Legislative Review Note
as of 12-17-97 8:24 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

- 2 -