State Codes and Statutes
Statutes > Utah > Title-75 > Chapter-05 > 75-5-30175-5-301. Appointment of guardian for incapacitated person.
(1) The parent of an incapacitated person may by will, or by written instrument asprovided in Section 75-5-202.5, appoint a guardian of the incapacitated person. A testamentaryappointment by a parent becomes effective when, after having given seven days' prior writtennotice of his intention to do so to the incapacitated person and to the person having his care orwith whom he resides or to at least one adult relative in the nearest degree of kinship to theincapacitated person in which there is an adult, the guardian files acceptance of appointment inthe court in which the will is informally or formally probated, or where the written instrument isfiled, if prior thereto both parents are dead or the surviving parent is adjudged incapacitated. Ifboth parents are dead, an effective appointment by the parent who died later has priority unless itis terminated by the denial of probate in formal proceedings. A provision contained in a person'swill or written instrument appointing a guardian of his minor children is not to be considered to bean appointment of a guardian of an incapacitated adult child unless it appears from the will thatthis was the testator's intention.
(2) The spouse of a married incapacitated person may by will or written instrumentappoint a guardian of the incapacitated person. The appointment becomes effective when, afterhaving given seven days' prior written notice of his intention to do so to the incapacitated personand to the person having his care or with whom he resides or to at least one adult relative in thenearest degree of kinship to the incapacitated person in which there is an adult, the guardian filesacceptance of appointment in the court in which the will is informally or formally probated or thewritten instrument is filed. An effective appointment by a spouse has priority over anappointment by a parent unless it is terminated by the denial of probate in formal proceedings.
(3) This state shall recognize a testamentary appointment effected by filing acceptanceunder a will probated at the testator's domicile in another state.
(4) On the filing with the court in which the will was probated or the written instrumentwas filed, of written objection to the appointment by the person for whom a testamentary orinstrumental appointment of guardian has been made, the appointment is terminated. Anobjection does not prevent appointment by the court in a proper proceeding of the nominee namedby will or written instrument or any other suitable person upon an adjudication of incapacity inproceedings under the succeeding sections of this part.
Amended by Chapter 41, 1985 General Session
