Utah § 75-5-608 - Emergency or temporary guardian.
Full text of Utah Utah Code § 75-5-608 — Emergency or temporary guardian., with citation guidance and answers to common questions.
§ 75-5-608. Emergency or temporary guardian.
Effective 5/7/2025 75-5-608.
Emergency or temporary guardian.
(1)
(a)
If a respondent does not have a guardian and an emergency exists, the court may, without notice, appoint an emergency guardian for the respondent for a specified period not to exceed 30 days pending notice and a hearing.
(b)
The court may, without notice, appoint an emergency guardian for an individual with a severe intellectual disability for a specified period not to exceed 30 days pending notice and a hearing if:
(i)
an appointed guardian for the individual is not effectively performing the guardian's duties; and
(ii)
the court further finds that the welfare of the respondent or individual requires immediate action.
(c)
Upon request by an interested person after the appointment of an emergency guardian under Subsection (1)(a) or (b), the court shall hold a hearing within 14 days in accordance with Section 75-5-604.
(2)
If the court finds good cause after notice and hearing under Sections 75-5-604 and 75-5-605, the court may:
(a)
appoint a temporary guardian;
(b)
convert an emergency guardian to a temporary guardian if an emergency guardian has been appointed under Subsection (1); or
(c)
appoint a different person as temporary guardian to replace an emergency guardian appointed under Subsection (1).
(3)
Unless the respondent or individual with a severe intellectual disability has already obtained or been appointed counsel or an attorney is not required as described in Section 75-5-606, the court shall appoint an attorney to represent the respondent or individual.
(4)
Until a full hearing and further order of the court, the temporary guardian:
(a)
shall be charged with the care and custody of the respondent or individual with a severe intellectual disability; and
(b)
may not permit the respondent or individual with a severe intellectual disability to be removed from the state.
(5)
The authority of any permanent guardian previously appointed by the court is suspended so long as a temporary guardian has authority.
(6)
A temporary guardian may be removed at any time, and shall obey all orders and make any reports required by the court.
(7)
A temporary guardian has all of the powers and duties of a permanent guardian as set forth in Section 75-5-611.
Section 75-5-608 ("Emergency or temporary 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 § 75-5-608?
A common citation format is "Utah Code § 75-5-608" (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 § 75-5-608 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.
