Full text of Utah Utah Code § 75-5-306 — Termination of guardianship for incapacitated person -- Termination of authority and responsibility of guardian., with citation guidance and answers to common questions.
§ 75-5-306. Termination of guardianship for incapacitated person -- Termination of authority and responsibility of guardian.
Effective 5/4/2022
75-5-306.
Termination of guardianship for incapacitated person -- Termination of authority and responsibility of guardian.
| (1) |
| (a) |
Except for the time period described in Subsection (1)(b), the ward or any person interested in the ward's welfare may petition for an order:
| (i) |
that the ward is no longer incapacitated; and |
| (ii) |
for removal or resignation of the guardian in accordance with Section 75-5-307. |
|
| (b) |
In an order adjudicating capacity, a court may specify a minimum period of time, not exceeding one year, during which no petition for an adjudication that the ward is no longer incapacitated can be filed without leave from the court. |
| (c) |
A request for the order described in 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) |
The authority and responsibility of a guardian for an incapacitated person terminates upon:
| (a) |
the death of the guardian or the ward; |
| (b) |
the determination that the guardian is incapacitated; or |
| (c) |
the removal or resignation of the guardian in accordance with Section 75-5-307. |
|
| (3) |
Resignation of a guardian does not terminate the guardianship until the resignation has been approved by the court. |
| (4) |
Testamentary appointment of a guardian under an informally probated will terminates if the will is later denied probate in a formal proceeding. |
| (5) |
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 guardian's ward. |
| (6) |
On a petition to order that a ward's incapacity is terminated, the court shall follow the same procedures to safeguard the rights of the ward for a petition for appointment of a guardian under Section 75-5-303. |
Repealed and Re-enacted by Chapter
441, 2022 General Session
Frequently Asked Questions About Utah § 75-5-306
What does Utah Code § 75-5-306 cover?
Section 75-5-306 ("Termination of guardianship for incapacitated person -- Termination of authority and responsibility of guardian.") 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 § 75-5-306?
A common citation format is "Utah Code § 75-5-306" (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 § 75-5-306 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.
