75-5-207. Court appointment of guardian of minor — Procedure.
| (1) |
Notice of the time and place of hearing of a petition for the appointment of a guardian of a minor is to be given by the petitioner in the manner prescribed by Section 75-1-401 to:
Terms Used In Utah Code 75-5-207- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
| (a) |
the minor, if the minor is 14 years old or older; |
| (b) |
the person who has had the principal care and custody of the minor during the 60 days preceding the date of the petition; |
| (c) |
any living parent of the minor; |
| (d) |
any guardian appointed by the will or written instrument of the parent of the minor who died last; and |
| (e) |
the school district in which the petitioner resides and a representative of the school district may participate in the hearing. |
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| (2) |
| (a) |
After a hearing, a court may appoint a guardian if the court finds by preponderance of the evidence that:
| (i) |
a qualified person seeks appointment; |
| (iii) |
the required notices have been given; |
| (v) |
the welfare and best interests of the minor will be served by the requested appointment. |
|
| (b) |
In other cases the court may dismiss the proceedings or make any other disposition of the matter that will best serve the interest of the minor. |
|
| (3) |
| (a) |
If necessary, the court may appoint a temporary guardian, with the status of an ordinary guardian of a minor. |
| (b) |
The authority of a temporary guardian may not last longer than six months. |
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| (4) |
If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is 14 years old or older. |
Amended by Chapter 287, 2021 General Session
