75-5-613. Termination of guardianship for an individual with a severe intellectual disability.

315 words·~1 min read·/ut/title-75/chapter-5/75-5-613

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

Effective 5/7/2025

(a)An individual with a severe intellectual disability, or any person interested in the individual's welfare, may petition for an order:

(i)that the individual is not an individual with a severe intellectual disability; and

(ii)for removal or resignation of the guardian in accordance with Section 75-5-612 .

(b)The court may specify a minimum period of time, not exceeding one year, during which no petition for the termination of a guardianship for an individual with a severe intellectual disability can be filed without leave from the court.

(c)A request for the order described in this Subsection

(1)may be made by informal letter to the court.

(d)Any person who knowingly interferes with a request described in Subsection (1)(a) may be sanctioned by the court.

(2)Notwithstanding Subsection

(1), the authority and responsibility of a guardian for an individual with a severe intellectual disability terminates upon:

(a)the death of the guardian or the individual;

(b)the determination that the guardian is incapacitated; or

(c)the removal or resignation of the guardian in accordance with Section 75-5-612 .

(3)Resignation of a guardian does not terminate the guardianship until the resignation has been approved by the court.

(4)Termination of a guardian does not affect the guardian's liability for the guardian's prior acts or the guardian's obligation to account for funds and assets of the individual with a severe intellectual disability.

(5)On a petition to order that an individual is no longer an individual with a severe intellectual disability, 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 .

Enacted by Chapter 543 , 2025 General Session