Utah § 75-5-612 Removal or resignation of a guardian.

Utah Statutes

§ 75-5-612 — Removal or resignation of a guardian.

Utah § 75-5-612

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 § 75-5-612 (Removal or resignation of a guardian.) 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. § 75-5-612 (2026).

Text

(1)On a petition of resignation from a guardian of an individual with a severe intellectual disability, the court may:

(1)(a) accept the guardian's resignation; or

(1)(b) make any other order that is appropriate.

(2)On a petition of removal of a guardian from the individual with a severe intellectual disability or any person interested in the individual's welfare, the court may remove a guardian if:

(2)(a) the guardian obtained the appointment by fraud, deceit, or gross misrepresentation;

(2)(b) the guardian fails to perform the guardian's duties or responsibilities described in:

(2)(b)(i) Section 75-5-611 if the individual is in full guardianship; or

(2)(b)(ii) Section 75-5-312 if the individual is in a limited guardianship;

(2)(c) the guardian is unable to perform the guardian's duties

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(1) On a petition of resignation from a guardian of an individual with a severe intellectual disability, the court may:
(1)(a) accept the guardian's resignation; or
(1)(b) make any other order that is appropriate.
(2) On a petition of removal of a guardian from the individual with a severe intellectual disability or any person interested in the individual's welfare, the court may remove a guardian if:
(2)(a) the guardian obtained the appointment by fraud, deceit, or gross misrepresentation;
(2)(b) the guardian fails to perform the guardian's duties or responsibilities described in:
(2)(b)(i) Section 75-5-611 if the individual is in full guardianship; or
(2)(b)(ii) Section 75-5-312 if the individual is in a limited guardianship;
(2)(c) the guardian is unable to perform the guardian's duties or responsibilities due to incapacity or illness;
(2)(d) the guardian fails to use reasonable care and diligence in the management of the individual's estate;
(2)(e) the individual is in a limited guardianship, the guardian is not permitted to restrict the individual's association, and the guardian is found by the court to have filed a petition frivolously or in bad faith under Section 75-5-312.5;
(2)(f) the guardian's interests have become adverse to the faithful performance of the guardian's duties and there is a risk that the guardian will fail to faithfully perform the guardian's duties; or
(2)(g) removal of the guardian would be in the best interest of the individual.
(3) If the court removes a guardian under Subsection (2), the court may:
(3)(a) appoint a successor guardian; or
(3)(b) make any other order that is appropriate.
(4) On a petition of resignation or removal of a guardian, the court shall follow the same procedures to safeguard the rights of the individual with a severe intellectual disability on a petition for appointment of a guardian under Sections 75-5-603, 75-5-604, 75-5-606, and 75-5-607.
(5) The court is not required to appoint an attorney to represent the individual with a severe intellectual disability upon the removal or resignation of the individual's guardian if the case is uncontested and the individual's incapacity is not at issue.