Utah Code 26B-6-308. Court, legal, and other costs

26B-6-308. Court, legal, and other costs.

(1)	The office may not be appointed as the guardian or conservator of a person unless the office petitioned for or agreed in advance to the appointment.

Conservator: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
Court: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
Estate: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Guardian: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
Office: means the Office of Public Guardian. See Utah Code 26B-6-301
Person: means :Utah Code 68-3-12.5
Ward: means an incapacitated person for whom the office has been appointed as guardian or conservator. See Utah Code 26B-6-301

(2)	Except as provided in Subsection (4), the court shall order the ward or the ward’s estate to pay for the cost of services rendered under this chapter, including court costs and reasonable attorney fees.

(3)	If the office recovers attorney fees under Subsection (2), the office shall transmit those fees to the attorneys who represented the ward or the office in connection with the ward’s case.

(4)	If a ward is indigent, the office shall provide guardian and conservator services free of charge and shall make reasonable efforts to secure pro bono legal services for the ward.

(5)	Under no circumstances may court costs or attorney fees be assessed to the office.

Renumbered and Amended by Chapter 308, 2023 General Session