Utah § 75-5-309 Notices in guardianship proceedings.

Utah Statutes

§ 75-5-309 — Notices in guardianship proceedings.

Utah § 75-5-309

Title 75Utah Uniform Probate Code

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

Part 75-5-3Guardians of Incapacitated Persons

This text of Utah § 75-5-309 (Notices in guardianship proceedings.) 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. § 75-5-309 (2026).

Text

(1)In a proceeding for the appointment or removal of a guardian of an incapacitated person other than the appointment of an emergency guardian or temporary suspension of a guardian, notice of hearing shall be given to each of the following:

(1)(a) the ward or the person alleged to be incapacitated and spouse, parents, and adult children of the ward or person;

(1)(b) any person who is serving as guardian or conservator or who has care and custody of the ward or person;

(1)(c) in case no other person is notified under Subsection (1)(a), at least one of the closest adult relatives, if any can be found;

(1)(d) any guardian appointed by the will of the parent who died later or spouse of the incapacitated person; and

(1)(e) Adult Protective Services if Adult Protective Services has received a

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(1) In a proceeding for the appointment or removal of a guardian of an incapacitated person other than the appointment of an emergency guardian or temporary suspension of a guardian, notice of hearing shall be given to each of the following:

(1)(a) the ward or the person alleged to be incapacitated and spouse, parents, and adult children of the ward or person;
(1)(b) any person who is serving as guardian or conservator or who has care and custody of the ward or person;
(1)(c) in case no other person is notified under Subsection (1)(a), at least one of the closest adult relatives, if any can be found;
(1)(d) any guardian appointed by the will of the parent who died later or spouse of the incapacitated person; and
(1)(e) Adult Protective Services if Adult Protective Services has received a referral under Title 26B, Chapter 6, Part 2, Abuse, Neglect, or Exploitation of a Vulnerable Adult, concerning the welfare of the ward or person alleged to be incapacitated or concerning the guardian or conservator or proposed guardian or conservator.
(2) The notice shall be in plain language and large type and the form shall have the final approval of the Judicial Council. The notice shall indicate the time and place of the hearing, the possible adverse consequences to the person receiving notice of rights, a list of rights, including the person's own or a court appointed counsel, and a copy of the petition.
(3) Notice shall be served personally on the alleged incapacitated person and the person's spouse and parents if they can be found within the state. Notice to the spouse and parents, if they cannot be found within the state, and to all other persons except the alleged incapacitated person shall be given as provided in Section 75-1-401. Waiver of notice by the person alleged to be incapacitated is not effective unless the person attends the hearing or the person's waiver of notice is confirmed in an interview with the visitor appointed pursuant to Section 75-5-303.