Utah § 75-5-604 Petition for guardianship of an individual with a severe intellectual disability -- Venue -- Proceedings.

Utah Statutes

§ 75-5-604 — Petition for guardianship of an individual with a severe intellectual disability -- Venue -- Proceedings.

Utah § 75-5-604

Title 75Utah Uniform Probate Code

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

Part 75-5-6Guardian of Individual with a Severe Intellectual Disability

This text of Utah § 75-5-604 (Petition for guardianship of an individual with a severe intellectual disability -- Venue -- 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. § 75-5-604 (2026).

Text

(1)A person interested in an adult's welfare may petition a court for a finding that:

(1)(a) the adult is an individual with a severe intellectual disability; and

(1)(b) the appointment of a guardian is necessary or desirable as a means of providing continuing care to the adult.

(2)Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a petitioner shall bring a petition described in Subsection (1) in the county where:

(2)(a) the respondent resides or is present; or

(2)(b) if the respondent is admitted to an institution by an order of a court, the court is located.

(3)(3)(a) Upon the filing of a petition under Subsection (1), the court shall set a date for a hearing on the issue of whether the respondent is an individual with a severe intellectual disability.

(3)(b) The court s

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(1) A person interested in an adult's welfare may petition a court for a finding that:
(1)(a) the adult is an individual with a severe intellectual disability; and
(1)(b) the appointment of a guardian is necessary or desirable as a means of providing continuing care to the adult.
(2) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a petitioner shall bring a petition described in Subsection (1) in the county where:
(2)(a) the respondent resides or is present; or
(2)(b) if the respondent is admitted to an institution by an order of a court, the court is located.
(3) (3)(a) Upon the filing of a petition under Subsection (1), the court shall set a date for a hearing on the issue of whether the respondent is an individual with a severe intellectual disability.
(3)(b) The court shall, while preserving the due process rights of the respondent, conduct the hearing remotely in accordance with Utah Rules of Civil Procedure, Rule 87, unless the court finds good cause under Utah Rules of Civil Procedure, Rule 87, to not conduct the hearing remotely.
(4) Except as provided in Section 75-5-606, the respondent is entitled to be represented by counsel, present evidence, and cross-examine witnesses, including a physician, psychologist, physician assistant, or court visitor appointed under Section 75-5-607.
(5) The court shall determine the issue of whether the respondent is an individual with a severe intellectual disability at a closed hearing, without a jury, if the respondent or the respondent's counsel requests so.
(6) The respondent shall:
(6)(a) be present at any hearing on the petition; or
(6)(b) hear all evidence bearing upon the respondent's condition.
(7) If the petitioner requests a waiver of the presence of the respondent, the court shall order an investigation by a court visitor in accordance with Section 75-5-607.