| (1) |
The parent of a minor may appoint a guardian of an unemancipated minor by will, as provided in this section, or by other written instrument as provided in Section 75-5-202.5. |
Terms Used In Utah Code 75-5-202
- 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: includes a person who:Utah Code 68-3-12.5
- Person: means :Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Testator: A male person who leaves a will at death.
| (2) |
Subject to the rights of the minor and others under Section 75-5-203, an appointment by will or written instrument becomes effective upon filing the guardian‘s acceptance in the court in which the will is probated or the document is filed, if before acceptance, both parents are dead or the surviving parent is adjudged incapacitated. |
| (3) |
If both parents are dead, an effective appointment by the parent who died later has priority. |
| (4) |
This state recognizes a testamentary appointment effected by filing the guardian’s acceptance under a will probated in another state which is the testator‘s domicile. |
| (5) |
Upon acceptance of appointment, written notice of acceptance shall be given by the guardian to the minor and to the person having his care, or to his nearest adult relative. |
Amended by Chapter 41, 1985 General Session
