75-5-603. Rights of an individual with a severe intellectual disability.

385 words·~2 min read·/ut/title-75/chapter-5/75-5-603

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

Effective 5/7/2025

(1)An adult, who is allegedly incapacitated and for whom there is a signed letter or report from a physician or psychologist that indicates that the adult is an individual with a severe intellectual disability, has the right to:

(a)except as provided in Section 75-5-606 , be represented by counsel before a guardianship is imposed and have counsel represent the adult during the guardianship proceeding;

(b)receive a copy of all documents filed in a guardianship proceeding;

(c)have a relative, physician, psychologist, physician assistant, or any interested person speak about or raise any issue of concern on behalf of the adult during the guardianship proceeding;

(d)receive information about guardianships from the court; and

(e)be treated with respect and dignity.

(2)Except as otherwise provided by this part, if a court orders a full guardianship for an adult and enters an order of appointment that specifies that the adult is an individual with a severe intellectual disability, the adult has the right to:

(a)have a relative, physician, psychologist, physician assistant, or any interested person speak about or raise any issue of concern on behalf of the adult in any court hearing about the guardianship;

(b)receive a copy of all documents filed in court regarding the guardianship;

(c)receive information about guardianships from the court;

(d)ask questions and express concerns or complaints about a guardian and the actions of a guardian to the court;

(e)to the extent practicable, receive timely, effective, and appropriate health care and medical treatment that does not violate the adult's rights;

(f)have all services provided by a guardian at a reasonable rate of compensation;

(g)have a court review any request for payment by a guardian to avoid excessive or unnecessary fees or duplicative billing; and

(h)receive prudent financial management of the adult's property, including Supplemental Security Income and Supplemental Security Disability Insurance.

(3)If the court enters an order for a limited guardianship for an adult or fails to specify in the order of appointment as to whether the adult is an individual with a severe intellectual disability, the adult has the rights of an incapacitated person described in Section 75-5-301.5 .

Enacted by Chapter 543 , 2025 General Session