State Codes and Statutes

Statutes > Utah > Title-75 > Chapter-05 > 75-5-202-5

75-5-202.5. Appointment of guardian by written instrument.
(1) The parent of an unemancipated minor may appoint a guardian by written instrumentdesignating the guardian. An appointment by written instrument becomes effective where:
(a) the written instrument is filed with the petition for appointment of guardian in thecourt having probate jurisdiction in the county of residence of the last parent to die, if deathoccurred in the state, and otherwise in the court having probate jurisdiction in the county in whichthe minor resides in the state; and
(b) the person appointed as guardian filed in the court having jurisdiction an affidavit ofacceptance which states:
(i) the name, address, and age, or birthday if known, of the minor;
(ii) the name, address, and telephone number of the appointee-guardian;
(iii) the names of the parents of the minor and that both are dead or that any survivingparent has been adjudged incapacitated;
(iv) the name of the parent who was last to die and the county where that parent residedat the date of his death;
(v) that the appointee-guardian knows of no other appointment of a guardian whichsupersedes the appointment by written instrument;
(vi) that the appointee-guardian accepts the appointment.
(2) The latest document appointing a guardian, whether will or written instrument, whichis executed by the last parent to die has priority.
(3) Upon acceptance of an appointment, written notice of acceptance shall be given bythe guardian to the minor, if he is 14 years of age or older, and to the person having his care or tohis nearest adult relative.
(4) For purposes of this chapter, "instrumental" refers to a written instrument as describedin this section.

Enacted by Chapter 41, 1985 General Session