75-5-612. Removal or resignation of a guardian.

367 words·~2 min read·/ut/title-75/chapter-5/75-5-612

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

Effective 5/7/2025

(1)On a petition of resignation from a guardian of an individual with a severe intellectual disability, the court may:

(a)accept the guardian's resignation; or

(b)make any other order that is appropriate.

(2)On a petition of removal of a guardian from the individual with a severe intellectual disability or any person interested in the individual's welfare, the court may remove a guardian if:

(a)the guardian obtained the appointment by fraud, deceit, or gross misrepresentation;

(b)the guardian fails to perform the guardian's duties or responsibilities described in:

(i)Section 75-5-611 if the individual is in full guardianship; or

(ii)Section 75-5-312 if the individual is in a limited guardianship;

(c)the guardian is unable to perform the guardian's duties or responsibilities due to incapacity or illness;

(d)the guardian fails to use reasonable care and diligence in the management of the individual's estate;

(e)the individual is in a limited guardianship, the guardian is not permitted to restrict the individual's association, and the guardian is found by the court to have filed a petition frivolously or in bad faith under Section 75-5-312.5 ;

(f)the guardian's interests have become adverse to the faithful performance of the guardian's duties and there is a risk that the guardian will fail to faithfully perform the guardian's duties; or

(g)removal of the guardian would be in the best interest of the individual.

(3)If the court removes a guardian under Subsection (2), the court may:

(a)appoint a successor guardian; or

(b)make any other order that is appropriate.

(4)On a petition of resignation or removal of a guardian, the court shall follow the same procedures to safeguard the rights of the individual with a severe intellectual disability on a petition for appointment of a guardian under Sections 75-5-603 , 75-5-604 , 75-5-606 , and 75-5-607 .

(5)The court is not required to appoint an attorney to represent the individual with a severe intellectual disability upon the removal or resignation of the individual's guardian if the case is uncontested and the individual's incapacity is not at issue.

Enacted by Chapter 543 , 2025 General Session