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Utah · Through 2026 General Session

Utah Code § 75-5-307: Removal or resignation of guardian.

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Where this section sits in the code
  1. Title 75 Utah Uniform Probate Code
  2. Chapter 75-5 Protection of Persons Under Disability and Their Property
  3. Part 75-5-3 Guardians of Incapacitated Persons

(1) On a petition of resignation from a guardian, the court may:

(a) accept the guardian's resignation; or

(b) make any other order that is appropriate.

(2) On a petition of removal of a guardian from the ward or any person interested in the ward's welfare, the court may remove a guardian if:

(a) the guardian obtained the appointment by fraud, deceit, or gross misrepresentation;

(b) the guardian fails to perform the guardian's duties described in Section 75-5-312;

(c) the guardian is unable to perform the guardian's duties, described in Section 75-5-312, due to incapacity or illness;

(d) the guardian fails to use reasonable care and diligence in the management of the ward's estate;

(e) the guardian is found by the court to have filed a petition frivolously or in bad faith under Section 75-5-312.5;

(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

(g) removal of the guardian would be in the best interest of the ward.

(3) If the court removes a guardian under Subsection (2), the court may:

(a) appoint a successor guardian; or

(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 ward for a petition for appointment of a guardian under Section 75-5-303.

(5) The court is not required to appoint an attorney to represent the ward if the case is uncontested and the ward's incapacity is not at issue.

Collected 2026-09-03T11:34:34Z. Source file · JSON

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