S.B. 223

1

GUARDIANSHIP REVISIONS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Benjamin M. McAdams
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends the Office of Public Guardian Act to provide visitation rights to a
10 parent of a vulnerable adult who is a ward of the Office of Public Guardian.
11 Highlighted Provisions:
12 This bill:
13 . defines a term;
14 . requires the Office of Public Guardian (office) to grant visitation rights, of at least
15 four hours per week, to a parent of a vulnerable adult who is a ward of the office;
16 . provides that a court may reduce the visitation time, place restrictions on the
17 visitation, or deny the visitation, if the court finds, by clear and convincing
18 evidence, that the action is necessary in order to protect the vulnerable adult from
19 harm;
20 . provides that a vulnerable adult may reduce the visitation time, place restrictions on
21 the visitation, or deny visitation rights to the parent;
22 . provides that a vulnerable adult or a parent of a vulnerable adult may file a petition
23 to enforce the visitation rights on the grounds that the visitation rights are being
24 improperly reduced, restricted, or denied, or that the decision of a vulnerable adult
25 to reduce, restrict, or deny visitation was not knowingly and voluntarily made; and
26 . makes technical changes.
27 Money Appropriated in this Bill:

28 None
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 62A-14-102, as last amended by Laws of Utah 2009, Chapter 75
34 ENACTS:
35 62A-14-113, Utah Code Annotated 1953
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 62A-14-102 is amended to read:
39 62A-14-102. Definitions.
40 As used in this chapter:
41 (1) "Conservator" is as defined in Section 75-1-201 .
42 (2) "Court" is as defined in Section 75-1-201 .
43 (3) "Estate" is as defined in Section 75-1-201 .
44 (4) "Guardian" is as defined in Section 75-1-201 .
45 (5) "Incapacitated person" means a person who has been determined by a court,
46 pursuant to Section 75-5-303 , to be incapacitated after the office has determined that the person
47 is 18 years of age or older and suffers from a mental or physical impairment as part of the
48 prepetition assessment in Section 62A-14-107 .
49 (6) "Office" means the Office of Public Guardian.
50 (7) "Property" is as defined in Section 75-1-201 .
51 (8) "Vulnerable adult" is as defined in Section 62A-3-301 .
52 [(8)] (9) "Ward" means an incapacitated person for whom the office has been
53 appointed as guardian or conservator.
54 Section 2. Section 62A-14-113 is enacted to read:
55 62A-14-113. Visitation rights of a parent of a vulnerable adult.
56 (1) Except as otherwise provided in this section, if the office is appointed as the
57 guardian of a vulnerable adult, the office shall grant visitation rights to a parent of the
58 vulnerable adult of at least four hours per week.

59 (2) The office may file a petition in district court to:
60 (a) reduce the amount of time of a parent's visitation rights;
61 (b) place restrictions on the parent's visitation rights; or
62 (c) deny visitation rights to the parent.
63 (3) The court may take an action described in Subsection (2) if, after the parent and the
64 vulnerable adult are given notice and an opportunity to be heard, the court finds, by clear and
65 convincing evidence, that the action is necessary in order to protect the vulnerable adult from
66 harm.
67 (4) A vulnerable adult may:
68 (a) reduce the amount of time of a parent's visitation rights;
69 (b) place restrictions on the parent's visitation rights; or
70 (c) deny visitation rights to the parent.
71 (5) A vulnerable adult or a parent of a vulnerable adult may file a petition in district
72 court to enforce the visitation rights described in this section on the grounds that:
73 (a) the parent's visitation rights are being improperly reduced, restricted, or denied; or
74 (b) the decision of a vulnerable adult described in Subsection (4) was not knowingly
75 and voluntarily made.




Legislative Review Note
as of 1-17-11 11:44 AM

Office of Legislative Research and General Counsel