75-5-608. Emergency or temporary guardian.

377 words·~2 min read·/ut/title-75/chapter-5/75-5-608

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

Effective 5/7/2025

(a)If a respondent does not have a guardian and an emergency exists, the court may, without notice, appoint an emergency guardian for the respondent for a specified period not to exceed 30 days pending notice and a hearing.

(b)The court may, without notice, appoint an emergency guardian for an individual with a severe intellectual disability for a specified period not to exceed 30 days pending notice and a hearing if:

(i)an appointed guardian for the individual is not effectively performing the guardian's duties; and

(ii)the court further finds that the welfare of the respondent or individual requires immediate action.

(c)Upon request by an interested person after the appointment of an emergency guardian under Subsection (1)(a) or (b), the court shall hold a hearing within 14 days in accordance with Section 75-5-604 .

(2)If the court finds good cause after notice and hearing under Sections 75-5-604 and 75-5-605 , the court may:

(a)appoint a temporary guardian;

(b)convert an emergency guardian to a temporary guardian if an emergency guardian has been appointed under Subsection (1); or

(c)appoint a different person as temporary guardian to replace an emergency guardian appointed under Subsection (1).

(3)Unless the respondent or individual with a severe intellectual disability has already obtained or been appointed counsel or an attorney is not required as described in Section 75-5-606 , the court shall appoint an attorney to represent the respondent or individual.

(4)Until a full hearing and further order of the court, the temporary guardian:

(a)shall be charged with the care and custody of the respondent or individual with a severe intellectual disability; and

(b)may not permit the respondent or individual with a severe intellectual disability to be removed from the state.

(5)The authority of any permanent guardian previously appointed by the court is suspended so long as a temporary guardian has authority.

(6)A temporary guardian may be removed at any time, and shall obey all orders and make any reports required by the court.

(7)A temporary guardian has all of the powers and duties of a permanent guardian as set forth in Section 75-5-611 .

Enacted by Chapter 543 , 2025 General Session