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

Utah Statutes

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

Utah·Title 75 Utah Uniform Probate Code·Ch. 75-5 Protection of Persons Under Disability and Their Property·Part 75-5-6 Guardian of Individual with a Severe Intellectual Disability

(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.