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·Title 75 Utah Uniform Probate Code·Ch. 75-5 Protection of Persons Under Disability and Their Property·Part 75-5-2 Guardians of Minors

(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.

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