§ 75-5-605 — Notices for guardianship proceedings.

(1) Upon a petition for the appointment or removal of a guardian for an adult who is an individual with a severe intellectual disability, or is alleged to be an individual with a severe intellectual disability, other than the appointment of an emergency guardian or temporary suspension of a guardian, the petitioner shall give notice of the petition to:
(1)(a) the adult and the adult's parents;
(1)(b) any person who is serving as guardian or conservator or who has care and custody of the adult;
(1)(c) if the petitioner is unable to notify the adult's parents under Subsection (1)(a), at least one of the closest adult relatives of the individual if any can be found; and
(1)(d) 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 adult or concerning the guardian or conservator or proposed guardian or conservator.
(2) A notice described in Subsection (1) shall:
(2)(a) be in plain language and large type and in a form with final approval of the Judicial Council;
(2)(b) indicate the time and place of the hearing, the possible adverse consequences to the adult described in Subsection (1) who is receiving notice of rights, a list of rights, including the adult's own or court appointed counsel, and a copy of the petition;
(2)(c) be served personally on:
(2)(c)(i) the adult described in Subsection (1); and
(2)(c)(ii) the adult's parents if the adult's parents can be found within the state; and
(2)(d) be served in accordance with Section 75-1-401 on:
(2)(d)(i) the adult's parents if the adult's parents cannot be found within the state; and
(2)(d)(ii) any other person that is required to be served notice under Subsection (1).

Legislative History

Enacted by Chapter 543, 2025 General Session