75-5-304 - Findings -- Limited guardianship preferred -- Order of appointment. - Utah Statutes

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Statutes > Utah > Title-75 > Chapter-05 > 75-5-304

75-5-304. Findings -- Limited guardianship preferred -- Order of appointment.
(1) The court may appoint a guardian as requested if it is satisfied that the person forwhom a guardian is sought is incapacitated and that the appointment is necessary or desirable asa means of providing continuing care and supervision of the incapacitated person.
(2) The court shall prefer a limited guardianship and may only grant a full guardianship ifno other alternative exists. If the court does not grant a limited guardianship, a specific findingshall be made that nothing less than a full guardianship is adequate.
(3) A guardian appointed by will or written instrument, under Section 75-5-301, whoseappointment has not been prevented or nullified under Subsection 75-5-301(4), has priority overany guardian who may be appointed by the court, but the court may proceed with an appointmentupon a finding that the testamentary or instrumental guardian has failed to accept theappointment within 30 days after notice of the guardianship proceeding. Alternatively, the courtmay dismiss the proceeding or enter any other appropriate order.

Amended by Chapter 104, 1988 General Session

State Codes and Statutes

Statutes > Utah > Title-75 > Chapter-05 > 75-5-304

75-5-304. Findings -- Limited guardianship preferred -- Order of appointment.
(1) The court may appoint a guardian as requested if it is satisfied that the person forwhom a guardian is sought is incapacitated and that the appointment is necessary or desirable asa means of providing continuing care and supervision of the incapacitated person.
(2) The court shall prefer a limited guardianship and may only grant a full guardianship ifno other alternative exists. If the court does not grant a limited guardianship, a specific findingshall be made that nothing less than a full guardianship is adequate.
(3) A guardian appointed by will or written instrument, under Section 75-5-301, whoseappointment has not been prevented or nullified under Subsection 75-5-301(4), has priority overany guardian who may be appointed by the court, but the court may proceed with an appointmentupon a finding that the testamentary or instrumental guardian has failed to accept theappointment within 30 days after notice of the guardianship proceeding. Alternatively, the courtmay dismiss the proceeding or enter any other appropriate order.

Amended by Chapter 104, 1988 General Session

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State Codes and Statutes

Statutes > Utah > Title-75 > Chapter-05 > 75-5-304

75-5-304. Findings -- Limited guardianship preferred -- Order of appointment.
(1) The court may appoint a guardian as requested if it is satisfied that the person forwhom a guardian is sought is incapacitated and that the appointment is necessary or desirable asa means of providing continuing care and supervision of the incapacitated person.
(2) The court shall prefer a limited guardianship and may only grant a full guardianship ifno other alternative exists. If the court does not grant a limited guardianship, a specific findingshall be made that nothing less than a full guardianship is adequate.
(3) A guardian appointed by will or written instrument, under Section 75-5-301, whoseappointment has not been prevented or nullified under Subsection 75-5-301(4), has priority overany guardian who may be appointed by the court, but the court may proceed with an appointmentupon a finding that the testamentary or instrumental guardian has failed to accept theappointment within 30 days after notice of the guardianship proceeding. Alternatively, the courtmay dismiss the proceeding or enter any other appropriate order.

Amended by Chapter 104, 1988 General Session