{"data":{"id":"us-ut/utah-code-75-5-612","jurisdiction":"us-ut","citation":"Utah Code § 75-5-612","heading":"Removal or resignation of a guardian.","body":"(1) On a petition of resignation from a guardian of an individual with a severe intellectual disability, the court may:\n(a) accept the guardian's resignation; or\n(b) make any other order that is appropriate.\n(2) On a petition of removal of a guardian from the individual with a severe intellectual disability or any person interested in the individual's welfare, the court may remove a guardian if:\n(a) the guardian obtained the appointment by fraud, deceit, or gross misrepresentation;\n(b) the guardian fails to perform the guardian's duties or responsibilities described in:\n(i) Section 75-5-611 if the individual is in full guardianship; or\n(ii) Section 75-5-312 if the individual is in a limited guardianship;\n(c) the guardian is unable to perform the guardian's duties or responsibilities due to incapacity or illness;\n(d) the guardian fails to use reasonable care and diligence in the management of the individual's estate;\n(e) the individual is in a limited guardianship, the guardian is not permitted to restrict the individual's association, and the guardian is found by the court to have filed a petition frivolously or in bad faith under Section 75-5-312.5;\n(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\n(g) removal of the guardian would be in the best interest of the individual.\n(3) If the court removes a guardian under Subsection (2), the court may:\n(a) appoint a successor guardian; or\n(b) make any other order that is appropriate.\n(4) On a petition of resignation or removal of a guardian, the court shall follow the same procedures to safeguard the rights of the individual with a severe intellectual disability on a petition for appointment of a guardian under Sections 75-5-603, 75-5-604, 75-5-606, and 75-5-607.\n(5) The court is not required to appoint an attorney to represent the individual with a severe intellectual disability upon the removal or resignation of the individual's guardian if the case is uncontested and the individual's incapacity is not at issue.","path":["Title 75 Utah Uniform Probate Code","Chapter 75-5 Protection of Persons Under Disability and Their Property","Part 75-5-6 Guardian of Individual with a Severe Intellectual Disability"],"source_url":"https://le.utah.gov/xcode/Title75/Chapter5/75-5-S612.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"c5405a45f94d43e60c4021bbb37356a89320f6133e3682d4b06ae1d775981c79","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-75-5-611","next":"us-ut/utah-code-75-5-613"},"notice":"GroundRules: Original legal text. Not legal advice."}