75-5-606. Appointment of counsel.

270 words·~1 min read·/ut/title-75/chapter-5/75-5-606

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

Effective 5/7/2025

(a)Except as provided in Subsection (2), the court shall appoint an attorney to represent a respondent on a petition for guardianship unless the respondent has counsel of the respondent's own choice.

(b)The respondent shall pay the costs of an attorney appointed under Subsection (1)(a) unless the respondent or the respondent's parents are indigent.

(2)Counsel for a respondent is not required under Subsection

(1)if:

(a)the respondent is the child, grandchild, or sibling of the petitioner;

(b)the value of the respondent's entire estate does not exceed $2,000 as established by an affidavit from the petitioner;

(c)the respondent appears in court with the petitioner in-person or remotely;

(d)the respondent is given the opportunity to communicate, to the extent possible, the respondent's acceptance of the appointment of a guardian; and

(e)the court is satisfied that counsel is not necessary in order to protect the interests of the respondent.

(3)If the court determines that a petition brought under this part is without merit, the petitioner shall pay any attorney fees and court costs.

(4)The legal representation of the respondent by an attorney shall terminate upon the appointment of a guardian, unless:

(a)there are separate conservatorship proceedings still pending before the court subsequent to the appointment of a guardian;

(b)there is a timely filed appeal of the appointment of the guardian or the determination that the respondent is an individual with a severe intellectual disability; or

(c)the court orders otherwise upon an express finding of good cause.

Enacted by Chapter 543 , 2025 General Session