Utah Code 75-5-307. Removal or resignation of guardian
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(1) On a petition of resignation from a guardian, the court may:
Terms Used In Utah Code 75-5-307
- Court: means any of the courts of record in this state having jurisdiction in matters relating to the affairs of decedents. See Utah Code 75-1-201 v2
- Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Utah Code 75-1-201 v2
- Fraud: Intentional deception resulting in injury to another.
- 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: means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment, or by written instrument as provided in Section
Utah Code 75-1-201 v2 - Incapacity: means incapacitated. See Utah Code 75-1-201 v2
- Issue: means a descendant of an individual. See Utah Code 75-1-201 v2
- Person: means an individual or an organization. See Utah Code 75-1-201 v2
- Petition: means a written request to the court for an order after notice. See Utah Code 75-1-201 v2
- Ward: means a person for whom a guardian has been appointed. See Utah Code 75-1-201 v2
(1)(a) accept the guardian‘s resignation; or
(1)(b) make any other order that is appropriate.
(2) On a petition of removal of a guardian from the ward or any person interested in the ward’s welfare, the court may remove a guardian if:
(2)(a) the guardian obtained the appointment by fraud, deceit, or gross misrepresentation;
(2)(b) the guardian fails to perform the guardian’s duties described in Section 75-5-312;
(2)(c) the guardian is unable to perform the guardian’s duties, described in Section 75-5-312, due to incapacity or illness;
(2)(d) the guardian fails to use reasonable care and diligence in the management of the ward’s estate;
(2)(e) the guardian is found by the court to have filed a petition frivolously or in bad faith under Section 75-5-312.5;
(2)(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
(2)(g) removal of the guardian would be in the best interest of the ward.
(3) If the court removes a guardian under Subsection (2), the court may:
(3)(a) appoint a successor guardian; or
(3)(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 ward for a petition for appointment of a guardian under Section 75-5-303.
(5) The court is not required to appoint an attorney to represent the ward if the case is uncontested and the ward’s incapacity is not at issue.