Full text of Utah Utah Code § 75-5-307 — Removal or resignation of guardian., with citation guidance and answers to common questions.
§ 75-5-307. Removal or resignation of guardian.
Effective 5/4/2022
75-5-307.
Removal or resignation of guardian.
| (1) |
On a petition of resignation from a guardian, the court may:
| (a) |
accept the guardian's resignation; or |
| (b) |
make any other order that is appropriate. |
|
| (2) |
On a petition of removal of a guardian from the ward or any person interested in the ward's welfare, the court may remove a guardian if:
| (a) |
the guardian obtained the appointment by fraud, deceit, or gross misrepresentation; |
| (b) |
the guardian fails to perform the guardian's duties described in Section 75-5-312; |
| (c) |
the guardian is unable to perform the guardian's duties, described in Section 75-5-312, due to incapacity or illness; |
| (d) |
the guardian fails to use reasonable care and diligence in the management of the ward's estate; |
| (e) |
the guardian is found by the court to have filed a petition frivolously or in bad faith under Section 75-5-312.5; |
| (f) |
the guardian's interests have become adverse to the faithful performance of the guardian's duties and there is a risk that the guardian will fail to faithfully perform the guardian's duties; or |
| (g) |
removal of the guardian would be in the best interest of the ward. |
|
| (3) |
If the court removes a guardian under Subsection (2), the court may:
| (a) |
appoint a successor guardian; or |
| (b) |
make any other order that is appropriate. |
|
| (4) |
On a petition of resignation or removal of a guardian, 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. |
| (5) |
The court is not required to appoint an attorney to represent the ward if the case is uncontested and the ward's incapacity is not at issue. |
Repealed and Re-enacted by Chapter
441, 2022 General Session
Frequently Asked Questions About Utah § 75-5-307
What does Utah Code § 75-5-307 cover?
Section 75-5-307 ("Removal or resignation 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 § 75-5-307?
A common citation format is "Utah Code § 75-5-307" (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 § 75-5-307 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.
