Utah § 75-5-204 Court appointment of guardian of minor -- Conditions for appointment.

Utah Statutes

§ 75-5-204 — Court appointment of guardian of minor -- Conditions for appointment.

Utah § 75-5-204

Title 75Utah Uniform Probate Code

Ch. 75-5Protection of Persons Under Disability and Their Property

Part 75-5-2Guardians of Minors

This text of Utah § 75-5-204 (Court appointment of guardian of minor -- Conditions for appointment.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 75-5-204 (2026).

Text

(1)In accordance with Subsection (2), the court may appoint a guardian for an unemancipated minor if:

(1)(a) each parent of the minor acknowledges that the parent understands the legal effect of the guardianship and consents;

(1)(b) all parental rights have been terminated; or

(1)(c) each parent is unwilling or unable to exercise the parent's parental rights for any reason, including a court order suspending the parent's parental rights.

(2)(2)(a) A guardian appointed by will under Section 75-5-202, or by written instrument under Section 75-5-202.5, whose appointment has not been prevented or nullified under Section 75-5-203 has priority over any court appointed guardian.

(2)(b) Notwithstanding Subsection (2)(a), the court may proceed with a court appointment upon a finding that the tes

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(1) In accordance with Subsection (2), the court may appoint a guardian for an unemancipated minor if:

(1)(a) each parent of the minor acknowledges that the parent understands the legal effect of the guardianship and consents;
(1)(b) all parental rights have been terminated; or
(1)(c) each parent is unwilling or unable to exercise the parent's parental rights for any reason, including a court order suspending the parent's parental rights.
(2) (2)(a) A guardian appointed by will under Section 75-5-202, or by written instrument under Section 75-5-202.5, whose appointment has not been prevented or nullified under Section 75-5-203 has priority over any court appointed guardian.
(2)(b) Notwithstanding Subsection (2)(a), the court may proceed with a court appointment upon a finding that the testamentary or instrumental guardian has failed to accept the testamentary appointment within 30 days after notice of the guardianship proceeding.