75-5-609. Findings by court -- Appointment of guardian -- Acceptance of appointment.

398 words·~2 min read·/ut/title-75/chapter-5/75-5-609

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

Effective 5/7/2025

(1)The court may appoint a guardian for a respondent if the court finds:

(a)the respondent 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 respondent.

(2)If the court appoints a guardian as described in Subsection (1), the court shall:

(a)appoint a guardian for the respondent in accordance with Section 75-5-610 ;

(b)prefer a full guardianship for the respondent; and

(c)specify in the order of appointment that:

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

(ii)the respondent does not have capacity to execute or consent to any contract or written agreement.

(a)If the court orders a limited guardianship for a respondent:

(i)the respondent is entitled to the rights described in Section 75-5-301.5 for an incapacitated person; and

(ii)the court shall state the limitations of the guardianship and the rights to which the respondent is entitled in the order of appointment.

(4)If the court grants a guardian with the power to make or assist with health care decisions for a respondent, the court shall include in the order of appointment the name of any interested person whom the guardian must notify of any significant health care or treatment received by the individual.

(a)By accepting an appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person or any person interested in the welfare of the respondent.

(b)Notice of any proceeding shall be delivered to the guardian or mailed to the guardian by ordinary mail at the guardian's address as listed in the court records and to the guardian's address as known to the petitioner at the time of the appointment.

(6)If the court orders a limited guardianship for an individual with a severe intellectual disability, the guardian has the same duties, powers, and rights described in Section 75-5-312 for a guardian of an incapacitated person.

(7)If the court orders a full guardianship for an individual with a severe intellectual disability, the guardian has the duties, powers, and rights described in Section 75-5-611 .

Enacted by Chapter 543 , 2025 General Session