75-5-610. Who may be a guardian -- Coguardians.

292 words·~1 min read·/ut/title-75/chapter-5/75-5-610

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

Effective 5/7/2025

(1)Unless the court finds there is good cause that the person should not serve as guardian, the court shall appoint a guardian for an individual with a severe intellectual disability in the following order of priority:

(a)a parent of the individual with a severe intellectual disability;

(b)an adult sibling of the individual with a severe intellectual disability;

(c)a grandparent of the individual with a severe intellectual disability;

(d)an adult relative of the individual with a severe intellectual disability if the individual has resided with the relative for more than 180 days before the day on which the petition was filed;

(e)one of the closest adult relatives of the individual if any can be found;

(f)a specialized care professional, so long as the specialized care professional does not:

(i)profit financially or otherwise from or receive compensation for acting in that capacity, except for the direct costs of providing guardianship or conservatorship services; or

(ii)otherwise have a conflict of interest in providing those services;

(g)a competent person or suitable institution; or

(h)the Office of Public Guardian described in Title 26B, Chapter 6, Part 3, Office of Public Guardian.

(2)The court may appoint more than one person as guardian for the individual with a severe intellectual disability.

(3)If the court appoints coguardians for an individual with a severe intellectual disability:

(a)the coguardians shall share legal decision-making for the individual with a severe intellectual disability; and

(b)each coguardian's rights and responsibilities are not superior to the other coguardian's rights and responsibilities unless the court designates that a coguardian's rights and responsibilities are superior.

Enacted by Chapter 543 , 2025 General Session