75-5-605. Notices for guardianship proceedings.

312 words·~1 min read·/ut/title-75/chapter-5/75-5-605

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

Effective 5/7/2025

(1)Upon a petition for the appointment or removal of a guardian for an adult who is an individual with a severe intellectual disability, or is alleged to be an individual with a severe intellectual disability, other than the appointment of an emergency guardian or temporary suspension of a guardian, the petitioner shall give notice of the petition to:

(a)the adult and the adult's parents;

(b)any person who is serving as guardian or conservator or who has care and custody of the adult;

(c)if the petitioner is unable to notify the adult's parents under Subsection (1)(a), at least one of the closest adult relatives of the individual if any can be found; and

(d)Adult Protective Services if Adult Protective Services has received a referral under Title 26B, Chapter 6, Part 2, Abuse, Neglect, or Exploitation of a Vulnerable Adult, concerning the welfare of the adult or concerning the guardian or conservator or proposed guardian or conservator.

(2)A notice described in Subsection

(1)shall:

(a)be in plain language and large type and in a form with final approval of the Judicial Council;

(b)indicate the time and place of the hearing, the possible adverse consequences to the adult described in Subsection

(1)who is receiving notice of rights, a list of rights, including the adult's own or court appointed counsel, and a copy of the petition;

(c)be served personally on:

(i)the adult described in Subsection (1); and

(ii)the adult's parents if the adult's parents can be found within the state; and

(d)be served in accordance with Section 75-1-401 on:

(i)the adult's parents if the adult's parents cannot be found within the state; and

(ii)any other person that is required to be served notice under Subsection (1).

Enacted by Chapter 543 , 2025 General Session