75-5-310 - Temporary guardians. - Utah Statutes

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Statutes > Utah > Title-75 > Chapter-05 > 75-5-310

75-5-310. Temporary guardians.
(1) If an incapacitated person has no guardian and an emergency exists or if an appointedguardian is not effectively performing his duties and the court further finds that the welfare of theincapacitated person requires immediate action, it may, without notice, appoint an appropriateofficial as temporary guardian for the person for a specified period not to exceed 30 days pendingnotice and hearing.
(2) The court shall, in all cases in which a temporary guardian is appointed, hold ahearing within five days pursuant to Section 75-5-303. Unless the allegedly incapacitated personhas already obtained counsel, the court may appoint an appropriate official or attorney torepresent that person in the proceeding. Until the full hearing and order of the court, thetemporary guardian shall be charged with the care and custody of the ward and shall not permitthe ward to be removed from this state. The authority of any permanent guardian previouslyappointed by the court is suspended so long as a temporary guardian has authority. A temporaryguardian may be removed at any time, and shall obey such orders and make such reports as thecourt requires.

Amended by Chapter 244, 1979 General Session

State Codes and Statutes

Statutes > Utah > Title-75 > Chapter-05 > 75-5-310

75-5-310. Temporary guardians.
(1) If an incapacitated person has no guardian and an emergency exists or if an appointedguardian is not effectively performing his duties and the court further finds that the welfare of theincapacitated person requires immediate action, it may, without notice, appoint an appropriateofficial as temporary guardian for the person for a specified period not to exceed 30 days pendingnotice and hearing.
(2) The court shall, in all cases in which a temporary guardian is appointed, hold ahearing within five days pursuant to Section 75-5-303. Unless the allegedly incapacitated personhas already obtained counsel, the court may appoint an appropriate official or attorney torepresent that person in the proceeding. Until the full hearing and order of the court, thetemporary guardian shall be charged with the care and custody of the ward and shall not permitthe ward to be removed from this state. The authority of any permanent guardian previouslyappointed by the court is suspended so long as a temporary guardian has authority. A temporaryguardian may be removed at any time, and shall obey such orders and make such reports as thecourt requires.

Amended by Chapter 244, 1979 General Session

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State Codes and Statutes

Statutes > Utah > Title-75 > Chapter-05 > 75-5-310

75-5-310. Temporary guardians.
(1) If an incapacitated person has no guardian and an emergency exists or if an appointedguardian is not effectively performing his duties and the court further finds that the welfare of theincapacitated person requires immediate action, it may, without notice, appoint an appropriateofficial as temporary guardian for the person for a specified period not to exceed 30 days pendingnotice and hearing.
(2) The court shall, in all cases in which a temporary guardian is appointed, hold ahearing within five days pursuant to Section 75-5-303. Unless the allegedly incapacitated personhas already obtained counsel, the court may appoint an appropriate official or attorney torepresent that person in the proceeding. Until the full hearing and order of the court, thetemporary guardian shall be charged with the care and custody of the ward and shall not permitthe ward to be removed from this state. The authority of any permanent guardian previouslyappointed by the court is suspended so long as a temporary guardian has authority. A temporaryguardian may be removed at any time, and shall obey such orders and make such reports as thecourt requires.

Amended by Chapter 244, 1979 General Session