75-5-209. Powers and duties of guardian of minor -- Residual parental rights and duties -- Adoption of a ward.

667 words·~3 min read·/ut/title-75/chapter-5/75-5-209

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 9/1/2025

(1)For purposes of this section, "residual parental rights and duties" is as defined in Section 80-1-102 .

(2)Except as provided in Subsection (4)(a) , a guardian of a minor has the powers and responsibilities of a parent who has not been deprived of custody of the parent's unemancipated minor, including the powers and responsibilities described in Subsection

(3).

(3)A guardian of a minor:

(a)must take reasonable care of the personal effects of the guardian's ward;

(b)must commence protective proceedings if necessary to protect other property of the guardian's ward;

(c)subject to Subsection (4)(b) , may receive money payable for the support of the ward to the ward's parent, guardian, or custodian under the terms of a:

(i)statutory benefit or insurance system;

(ii)private contract;

(iii)devise;

(iv)trust;

(v)conservatorship; or

(vi)custodianship;

(d)subject to Subsection (4)(b) , may receive money or property of the ward paid or delivered by virtue of Section 75-5-102 ;

(e)except as provided in Subsection (4)(c) , must exercise due care to conserve any excess money or property described in Subsection (3)(d) for the ward's future needs;

(f)unless otherwise provided by statute, may institute proceedings to compel the performance by any person of a duty to:

(i)support the ward; or

(ii)pay sums for the welfare of the ward;

(g)is empowered to:

(i)facilitate the ward's education, social, or other activities; and

(ii)subject to Subsection (4)(d) , authorize medical or other professional care, treatment, or advice;

(h)may consent to the:

(i)marriage of the guardian's ward, if specifically authorized by a court to give this consent; or

(ii)adoption of the guardian's ward if the:

(A)guardian of the ward is specifically authorized by a court to give this consent; and

(B)parental rights of the ward's parents have been terminated; and

(i)must report the condition of the minor and of the minor's estate that has been subject to the guardian's possession or control:

(i)as ordered by court on petition of any person interested in the minor's welfare; or

(ii)as required by court rule.

(a)Notwithstanding Subsection

(2), a guardian of a minor is not:

(i)legally obligated to provide from the guardian's own funds for the ward; and

(ii)liable to third persons by reason of the guardian's relationship for acts of the ward.

(b)Sums received under Subsection (3)(c) or

(d):

(i)may not be used for compensation for the services of a guardian, except as:

(A)approved by court order; or

(B)determined by a duly appointed conservator other than the guardian; and

(ii)shall be applied to the ward's current needs for support, care, and education.

(c)Notwithstanding Subsection (3)(e) , if a conservator is appointed for the estate of the ward, the excess shall be paid over at least annually to the conservator.

(d)A guardian of a minor is not, by reason of giving the authorization described in Subsection (3)(g)(ii) , liable for injury to the minor resulting from the negligence or acts of third persons, unless it would have been illegal for a parent to have given the authorization.

(5)A parent of a minor for whom a guardian is appointed retains residual parental rights and duties.

(6)If a parent of a minor for whom a guardian is appointed consents to the adoption of the minor, the guardian is entitled to:

(a)receive notice of the adoption proceeding pursuant to Section 81-13-207 ;

(b)intervene in the adoption; and

(c)present evidence to the court relevant to the best interest of the minor as described in Subsection 81-13-207(11) .

(7)If a minor for whom a guardian is appointed is adopted subsequent to the appointment, the guardianship shall terminate when the adoption is finalized.

Amended by Chapter 426 , 2025 General Session