Utah § 75-5-304 - Findings -- Limited guardianship preferred -- Order of appointment.

Full text of Utah Utah Code § 75-5-304 — Findings -- Limited guardianship preferred -- Order of appointment., with citation guidance and answers to common questions.

§ 75-5-304. Findings -- Limited guardianship preferred -- Order of appointment.

Effective 5/7/2025
75-5-304.  Findings -- Limited guardianship preferred -- Order of appointment.
(1)The court may appoint a guardian as requested if the court finds, by clear and convincing evidence, that:
(a)the person for whom a guardian is sought is incapacitated; and
(b)the appointment is necessary or desirable as a means of providing continuing care and supervision of the incapacitated person.
(2)
(a)
(i)The court shall prefer a limited guardianship and may only grant a full guardianship if no other alternative exists.
(ii)If the court does not grant a limited guardianship, a specific finding shall be made that nothing less than a full guardianship is adequate.
(b)
(i)An order of appointment of a limited guardianship shall state the limitations of the guardianship.
(ii)Letters of guardianship for a limited guardianship shall state the limitations of the guardianship unless the court determines for good cause shown that a limitation should not be listed in the letters.
(3)
(a)Except as provided in Subsection (3)(b), a guardian appointed by will or written instrument, under Section 75-5-301, whose appointment has not been prevented or nullified under Subsection 75-5-301(4), has priority over any guardian who may be appointed by the court.
(b)Upon a finding that the testamentary or instrumental guardian has failed to accept the appointment within 30 days after notice of the guardianship proceeding, the court may:
(i)dismiss the proceeding; or
(ii)enter any other appropriate order.
(4)If the court grants a guardian with the power to make or assist with health care decisions for an incapacitated person, the court shall include in the order of appointment the name of any interested person for whom the guardian must notify of any significant health care or treatment received by the incapacitated person.


Amended by Chapter 338, 2025 General Session

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

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Frequently Asked Questions About Utah § 75-5-304

What does Utah Code § 75-5-304 cover?

Section 75-5-304 ("Findings -- Limited guardianship preferred -- Order of appointment.") 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 § 75-5-304?

A common citation format is "Utah Code § 75-5-304" (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 § 75-5-304 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.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.