Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 358 (2021GS)

Sponsor

Rep. Spendlove, R.

Final action

Governor Signed 3/17/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• adds situations for when a court may appoint a guardian for an unemancipated minor;
• establishes preponderance of the evidence as the burden of proof for appointing a guardian for a minor; and
• makes technical changes.

Every vote on this bill

Bill text

GUARDIANSHIP AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Robert M. Spendlove
Senate Sponsor: 
Michael S. Kennedy
LONG TITLE
General Description:
This bill amends provisions related to court appointed guardians for minors.
Highlighted Provisions:
This bill:
▸ adds situations for when a court may appoint a guardian for an unemancipated
minor;
▸ establishes preponderance of the evidence as the burden of proof for appointing a
guardian for a minor; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
75-5-204
, as last amended by Laws of Utah 1985, Chapter 41
75-5-207
, as last amended by Laws of Utah 1995, Chapter 156
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
75-5-204
 is amended to read:
75-5-204.
Court appointment of guardian of minor -- Conditions for
appointment.
(1)
 [
The
] 
In accordance with Subsection (2), the
 court may appoint a guardian for an
unemancipated minor if
:
(a) each parent of the minor acknowledges that the parent understands the legal effect
of the guardianship and consents;
(b)
 all parental rights [
of custody
] have been terminated [
or suspended by
circumstances or prior court order.
]
; or
(c) each parent is unwilling or unable to exercise the parent's parental rights for any
reason, including a court order suspending the parent's parental rights.
(2) (a)
 A guardian appointed by will under Section 
75-5-202
, or by written instrument
under Section 
75-5-202.5
, whose appointment has not been prevented or nullified under
Section 
75-5-203
 has priority over any 
court appointed
 guardian [
who may be appointed by the
court, but the
]
.
(b) Notwithstanding Subsection (2)(a), the
 court may proceed with [
an
] 
a court
appointment upon a finding that the testamentary or instrumental guardian has failed to accept
the testamentary appointment within 30 days after notice of the guardianship proceeding.
Section 2. Section 
75-5-207
 is amended to read:
75-5-207.
Court appointment of guardian of minor -- Procedure.
(1) Notice of the time and place of hearing of a petition for the appointment of a
guardian of a minor is to be given by the petitioner in the manner prescribed by Section
75-1-401
 to:
(a) the minor, if the minor is 14 years [
of age
] 
old
 or older;
(b) the person who has had the principal care and custody of the minor during the 60
days preceding the date of the petition;
(c) any living parent of the minor;
(d) any guardian appointed by the will or written instrument of the parent of the minor
who died last; and
(e) the school district in which the petitioner resides and a representative of the school
district may participate in the hearing.
(2) (a) [
Upon hearing,
] 
After a hearing, a court may appoint a guardian
 if the court
finds 
by preponderance of the evidence
 that
:
(i)
 a qualified person seeks appointment[
,
]
;
(ii)
 venue is proper[
,
]
;
(iii)
 the required notices have been given[
,
]
;
(iv)
 the requirements of Sections 
75-5-204
 and 
75-5-206
 have been met[
,
]
;
 and
(v)
 the welfare and best interests of the minor will be served by the requested
appointment[
, it may make the appointment
].
(b) In other cases the court may dismiss the proceedings or make any other disposition
of the matter that will best serve the interest of the minor.
(3) (a) If necessary, the court may appoint a temporary guardian, with the status of an
ordinary guardian of a minor.
(b) The authority of a temporary guardian may not last longer than six months.
(4) If, at any time in the proceeding, the court determines that the interests of the minor
are or may be inadequately represented, it may appoint an attorney to represent the minor,
giving consideration to the preference of the minor if the minor is 14 years [
of age
] 
old
 or
older.