Utah Will for Persons under Disability

The Utah probate code sets down laws regarding the protection of persons under a disability and their property. Here are the select provisions for your reference:


75-5-202. Appointment of guardian of minor.
(1) The parent of a minor may appoint a guardian of an unemancipated minor by will, as provided in this section, or by other written instrument as provided in Section 75-5-202.5.
(2) Subject to the rights of the minor and others under Section 75-5-203, an appointment by will or written instrument becomes effective upon filing the guardian’s acceptance in the court in which the will is probated or the document is filed, if before acceptance, both parents are dead or the surviving parent is adjudged incapacitated.
(3) If both parents are dead, an effective appointment by the parent who died later has priority.
(4) This state recognizes a testamentary appointment effected by filing the guardian’s acceptance under a will probated in another state which is the testator’s domicile.
(5) Upon acceptance of appointment, written notice of acceptance shall be given by the guardian to the minor and to the person having his care, or to his nearest adult relative.

75-5-203. Objection to appointment.
Any person interested in the welfare of a minor, or a minor of 14 years or older, may file with the court in which the will is probated or the written instrument is filed a written objection to the appointment before it is accepted or within 30 days after notice of its acceptance. An objection may be withdrawn. An objection does not preclude, after a hearing on the objection, appointment by the court in a proper proceeding of the testamentary or instrumental nominee, or any other suitable person.

75-5-208. Consent to service by acceptance of appointment — Notice.
By accepting a testamentary, instrumental, or court appointment as guardian, 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 minor. Notice of any proceeding shall be delivered to the guardian or mailed to him by ordinary mail at his address as listed in the court records and to his address as then known to the petitioner. Letters of guardianship shall indicate whether the guardian was appointed by will, written instrument, or by court order.

75-5-105. Bond of guardian.
A guardian coming into the possession or control of funds or other property of a minor or incapacitated person may be required by the court to furnish a bond in an amount and under the conditions as set forth for conservators in Sections 75-5-411 and 75-5-412.

75-5-311. Who may be guardian — Priorities.
(1) As used in this section:
(a) “Specialized care professional” means a person who:
(i) has been certified or designated as a provider of guardianship services by a nationally recognized guardianship accrediting organization;
(ii) is licensed by or registered with the Division of Occupational and Professional Licensing as a health care provider including, but not limited to, a registered nurse licensed under Section 58-31b-301, a social service worker, certified social worker, or clinical social worker licensed under Section 58-60-205, a marriage and family therapist licensed under Section 58-60-305, a physician licensed under Title 58, Chapter 67, or a psychologist licensed under Title 58, Chapter 61; or
(iii) has been approved by the court as one with specialized training and experience in the care of incapacitated persons.
(b) “Suitable institution” means any nonprofit or for profit corporation, partnership, sole proprietorship, or other type of business organization that is owned, operated by, or employs a specialized care professional.
(2) Any competent person or suitable institution may be appointed guardian of an incapacitated person.
(3) The court shall appoint a guardian in accordance with the incapacitated person’s most recent nomination, unless that person is disqualified or the court finds other good cause why the person should not serve as guardian. That nomination shall have been made prior to the person’s incapacity, shall be in writing and shall be signed by the person making the nomination. The nomination shall be in substantially the following form:

Nomination of Guardian by an Adult
I, (Name), being of sound mind and not acting under duress, fraud, or other undue influence, do hereby nominate (Name, current residence, and relationship, if any, of the nominee) to serve as my guardian in the event that after the date of this instrument I become incapacitated.
Executed at ____________________________ (city, state)
on this ____________ day of ______________
____________________________________
(Signature)
(4) Except as provided in Subsection (3), persons who are not disqualified have priority for appointment as guardian in the following order:
(a) a person who has been nominated by the incapacitated person, by any means other than that described in Subsection (3), if the incapacitated person was 14 years of age or older when the nomination was executed and, in the opinion of the court, that person acted with sufficient mental capacity to make the nomination;
(b) the spouse of the incapacitated person;
(c) an adult child of the incapacitated person;
(d) a parent of the incapacitated person, including a person nominated by will, written instrument, or other writing signed by a deceased parent;
(e) any relative of the incapacitated person with whom he has resided for more than six months prior to the filing of the petition;
(f) a person nominated by the person who is caring for him or paying benefits to him; or
(g) 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.

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