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2022 Utah Code
Title 75 - Utah Uniform Probate Code
Chapter 5 - Protection of Persons Under Disability and Their Property
Part 2 - Guardians of Minors
Section 204 - Court appointment of guardian of minor -- Conditions for appointment.
Universal Citation: UT Code § 75-5-204 (2022)
Effective 5/5/2021
75-5-204. Court appointment of guardian of minor -- Conditions for appointment.
Amended by Chapter 287, 2021 General Session
75-5-204. Court appointment of guardian of minor -- Conditions for appointment.
- (1) In accordance with Subsection (2), the court may appoint a guardian for an unemancipated minor if:
- (a) each parent of the minor acknowledges that the parent understands the legal effect of the guardianship and consents;
- (b) all parental rights have been terminated; or
- (c) each parent is unwilling or unable to exercise the parent's parental rights for any reason, including a court order suspending the parent's parental rights.
- (2)
- (a) A guardian appointed by will under Section 75-5-202, or by written instrument under Section 75-5-202.5, whose appointment has not been prevented or nullified under Section 75-5-203 has priority over any court appointed guardian.
- (b) Notwithstanding Subsection (2)(a), the court may proceed with a court appointment upon a finding that the testamentary or instrumental guardian has failed to accept the testamentary appointment within 30 days after notice of the guardianship proceeding.
Amended by Chapter 287, 2021 General Session
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