Utah § 75-5-612 - Removal or resignation of a guardian.
Full text of Utah Utah Code § 75-5-612 — Removal or resignation of a guardian., with citation guidance and answers to common questions.
§ 75-5-612. Removal or resignation of a guardian.
Effective 5/7/2025 75-5-612.
Removal or resignation of a guardian.
(1)
On a petition of resignation from a guardian of an individual with a severe intellectual disability, 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 individual with a severe intellectual disability or any person interested in the individual'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 or responsibilities described in:
(i)
Section 75-5-611 if the individual is in full guardianship; or
(ii)
Section 75-5-312 if the individual is in a limited guardianship;
(c)
the guardian is unable to perform the guardian's duties or responsibilities due to incapacity or illness;
(d)
the guardian fails to use reasonable care and diligence in the management of the individual's estate;
(e)
the individual is in a limited guardianship, the guardian is not permitted to restrict the individual's association, and 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 individual.
(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 individual with a severe intellectual disability on a petition for appointment of a guardian under Sections 75-5-603, 75-5-604, 75-5-606, and 75-5-607.
(5)
The court is not required to appoint an attorney to represent the individual with a severe intellectual disability upon the removal or resignation of the individual's guardian if the case is uncontested and the individual's incapacity is not at issue.
Section 75-5-612 ("Removal or resignation of a 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 § 75-5-612?
A common citation format is "Utah Code § 75-5-612" (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 § 75-5-612 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.
