Utah § 75-5-202.5 - Appointment of guardian by written instrument.

Full text of Utah Utah Code § 75-5-202.5 — Appointment of guardian by written instrument., with citation guidance and answers to common questions.

§ 75-5-202.5. Appointment of guardian by written instrument.

75-5-202.5.  Appointment of guardian by written instrument.
(1) The parent of an unemancipated minor may appoint a guardian by written instrument designating the guardian. An appointment by written instrument becomes effective where:
(a) the written instrument is filed with the petition for appointment of guardian in the court having probate jurisdiction in the county of residence of the last parent to die, if death occurred in the state, and otherwise in the court having probate jurisdiction in the county in which the minor resides in the state; and
(b) the person appointed as guardian filed in the court having jurisdiction an affidavit of acceptance which states:
(i) the name, address, and age, or birthday if known, of the minor;
(ii) the name, address, and telephone number of the appointee-guardian;
(iii) the names of the parents of the minor and that both are dead or that any surviving parent has been adjudged incapacitated;
(iv) the name of the parent who was last to die and the county where that parent resided at the date of his death;
(v) that the appointee-guardian knows of no other appointment of a guardian which supersedes the appointment by written instrument;
(vi) that the appointee-guardian accepts the appointment.
(2) The latest document appointing a guardian, whether will or written instrument, which is executed by the last parent to die has priority.
(3) Upon acceptance of an appointment, written notice of acceptance shall be given by the guardian to the minor, if he is 14 years of age or older, and to the person having his care or to his nearest adult relative.
(4) For purposes of this chapter, "instrumental" refers to a written instrument as described in this section.


Enacted by Chapter 41, 1985 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 75-5-202.5

What does Utah Code § 75-5-202.5 cover?

Section 75-5-202.5 ("Appointment of guardian by written instrument.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 75-5-202.5?

A common citation format is "Utah Code § 75-5-202.5" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 75-5-202.5 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

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