75-5-604. Petition for guardianship of an individual with a severe intellectual disability -- Venue -- Proceedings.

330 words·~2 min read·/ut/title-75/chapter-5/75-5-604

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

Effective 5/7/2025

(1)A person interested in an adult's welfare may petition a court for a finding that:

(a)the adult is an individual with a severe intellectual disability; and

(b)the appointment of a guardian is necessary or desirable as a means of providing continuing care to the adult.

(2)Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a petitioner shall bring a petition described in Subsection

(1)in the county where:

(a)the respondent resides or is present; or

(b)if the respondent is admitted to an institution by an order of a court, the court is located.

(a)Upon the filing of a petition under Subsection (1), the court shall set a date for a hearing on the issue of whether the respondent is an individual with a severe intellectual disability.

(b)The court shall, while preserving the due process rights of the respondent, conduct the hearing remotely in accordance with Utah Rules of Civil Procedure, Rule 87, unless the court finds good cause under Utah Rules of Civil Procedure, Rule 87, to not conduct the hearing remotely.

(4)Except as provided in Section 75-5-606 , the respondent is entitled to be represented by counsel, present evidence, and cross-examine witnesses, including a physician, psychologist, physician assistant, or court visitor appointed under Section 75-5-607 .

(5)The court shall determine the issue of whether the respondent is an individual with a severe intellectual disability at a closed hearing, without a jury, if the respondent or the respondent's counsel requests so.

(6)The respondent shall:

(a)be present at any hearing on the petition; or

(b)hear all evidence bearing upon the respondent's condition.

(7)If the petitioner requests a waiver of the presence of the respondent, the court shall order an investigation by a court visitor in accordance with Section 75-5-607 .

Enacted by Chapter 543 , 2025 General Session