Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 334 (2025GS)

Sponsor

Rep. Abbott, Nelson T.

Final action

Governor Signed 3/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• repeals a provision that provides for the future repeal of statutory language concerning when counsel is not required for an allegedly incapacitated person;
• amends provisions concerning the rights of certain individuals who are under a court-ordered guardianship;
• amends provisions concerning the procedure for determining incapacity and appointing a guardian for an incapacitated person;
• prescribes the principles by which provisions related to supported decision-making agreements should be interpreted;
• describes the requirements for a supported decision-making agreement;
• authorizes the use of a supported decision-making agreement by certain individuals, subject to the permission of the individual's guardian, conservator, or other qualified person, as applicable;
• describes the duties of an individual who is a supporter under a supported decision-making agreement;
• provides that a supported decision-making agreement may be revoked or terminated, with certain conditions;
• describes how a supported decision-making agreement interacts with and affects other laws and principles;
• provides protections for a person who relies, in good faith, on the provisions of a supported decision-making agreement; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

19
7-5-1
63I-2-275
75-1-201
75-5-301.5
75-5-303
75-5-312
75-5-417
75-5-701
75-5-702
75-5-703
75-5-704
75-5-705
75-5-706
75-5-707
75-5-708
75-5-709
7-5-1
63I-2-275
75-1-201
75-5-301.5
75-5-303
75-5-312
75-5-417
75-5-701
75-5-702
75-5-703
75-5-704
75-5-705
75-5-706
75-5-707
75-5-708
75-5-709
0
Guardianships and Supported Decision-Making Agreements Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Nelson T. Abbott
Senate Sponsor: Keven J. Stratton
LONG TITLE
General Description:
This bill addresses guardianships and supported decision-making agreements.
Highlighted Provisions:
This bill:
defines terms;
repeals a provision that provides for the future repeal of statutory language concerning 
when counsel is not required for an allegedly incapacitated person;
amends provisions concerning the rights of certain individuals who are under a 
court-ordered guardianship;
amends provisions concerning the procedure for determining incapacity and appointing a 
guardian for an incapacitated person;
prescribes the principles by which provisions related to supported decision-making 
agreements should be interpreted;
describes the requirements for a supported decision-making agreement;
authorizes the use of a supported decision-making agreement by certain individuals, 
subject to the permission of the individual's guardian, conservator, or other qualified 
person, as applicable;
describes the duties of an individual who is a supporter under a supported 
decision-making agreement;
provides that a supported decision-making agreement may be revoked or terminated, with 
certain conditions;
describes how a supported decision-making agreement interacts with and affects other 
laws and principles;
provides protections for a person who relies, in good faith, on the provisions of a 
supported decision-making agreement; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
7-5-1
, as last amended by Laws of Utah 2013, Chapter 364
63I-2-275
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
75-1-201
, as last amended by Laws of Utah 2024, Chapter 364
75-5-301.5
, as last amended by Laws of Utah 2024, Chapter 113
75-5-303
, as last amended by Laws of Utah 2024, Chapter 113
75-5-312
, as last amended by Laws of Utah 2022, Chapter 358 and repealed and 
reenacted by Laws of Utah 2022, Chapter 441 and last amended by Coordination Clause, Laws 
of Utah 2022, Chapter 358
75-5-417
, as last amended by Laws of Utah 2022, Chapter 358
ENACTS:
75-5-701
, Utah Code Annotated 1953
75-5-702
, Utah Code Annotated 1953
75-5-703
, Utah Code Annotated 1953
75-5-704
, Utah Code Annotated 1953
75-5-705
, Utah Code Annotated 1953
75-5-706
, Utah Code Annotated 1953
75-5-707
, Utah Code Annotated 1953
75-5-708
, Utah Code Annotated 1953
75-5-709
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
7-5-1
 is amended to read:
7-5-1
. Definitions -- Allowable trust companies -- Exceptions.
(1)
As used in this chapter:
(a)
"Business trust" means an entity engaged in a trade or business that is created by a 
declaration of trust that transfers property to trustees, to be held and managed by 
them for the benefit of persons holding certificates representing the beneficial interest 
in the trust estate and assets.
(b)
"Trust business" means, except as provided in Subsection 
(1)(c)
, a business in which 
one acts in any agency or fiduciary capacity, including that of personal 
representative, executor, administrator, conservator, guardian, assignee, receiver, 
depositary, or trustee under appointment as trustee for any purpose permitted by law, 
including the definition of "trust" set forth in 
Subsection 
75-1-201(55)
Section 
75-1-201
.
(c)
"Trust business" does not include the following means of holding money, assets, or 
other property:
(i)
money held in a client trust account by an attorney authorized to practice law in 
this state;
(ii)
money held in connection with the purchase or sale of real estate by a person 
licensed as a principal broker in accordance with 
Title 61, Chapter 2f, Real Estate 
Licensing and Practices Act
;
(iii)
money or other assets held in escrow by a person authorized by the department in 
accordance with 
Chapter 22, Regulation of Independent Escrow Agents
, or by the 
Utah Insurance Department to act as an escrow agent in this state;
(iv)
money held by a homeowners' association or similar organization to pay 
maintenance and other related costs for commonly owned property;
(v)
money held in connection with the collection of debts or payments on loans by a 
person acting solely as the agent or representative or otherwise at the sole 
direction of the person to which the debt or payment is owed, including money 
held by an escrow agent for payment of taxes or insurance;
(vi)
money and other assets held in trust on an occasional or isolated basis by a 
person who does not represent that the person is engaged in the trust business in 
Utah;
(vii)
money or other assets found by a court to be held in an implied, resulting, or 
constructive trust;
(viii)
money or other assets held by a court appointed conservator, guardian, receiver, 
trustee, or other fiduciary if:
(A)
the conservator, receiver, guardian, trustee, or other fiduciary is responsible to 
the court in the same manner as a personal representative under 
Title 75, 
Chapter 3, Part 5, Supervised Administration
, or as a receiver under Rule 66, 
Utah Rules of Civil Procedure; and
(B)
the conservator, trustee, or other fiduciary is a certified public accountant or 
has qualified for and received a designation as a certified financial planner, 
chartered financial consultant, certified financial analyst, or similar designation 
suitable to the court, that evidences the conservator's, trustee's, or other 
fiduciary's professional competence to manage financial matters;
(ix)
money or other assets held by a credit services organization operating in 
compliance with 
Title 13, Chapter 21, Credit Services Organizations Act
;
(x)
money, securities, or other assets held in a customer account in connection with 
the purchase or sale of securities by a regulated securities broker, dealer, or 
transfer agent; or
(xi)
money, assets, and other property held in a business trust for the benefit of 
holders of certificates of beneficial interest if the fiduciary activities of the 
business trust are merely incidental to conducting business in the business trust 
form.
(d)
"Trust company" means an institution authorized to engage in the trust business 
under this chapter. Only the following may be a trust company:
(i)
a Utah depository institution or its wholly owned subsidiary;
(ii)
an out-of-state depository institution authorized to engage in business as a 
depository institution in Utah or its wholly owned subsidiary;
(iii)
a corporation, including a credit union service organization, owned entirely by 
one or more federally insured depository institutions as defined in Subsection 
7-1-103(8)
;
(iv)
a direct or indirect subsidiary of a depository institution holding company that 
also has a direct or indirect subsidiary authorized to engage in business as a 
depository institution in Utah; and
(v)
any other corporation continuously and lawfully engaged in the trust business in 
this state since before July 1, 1981.
(2)
Only a trust company may engage in the trust business in this state.
(3)
The requirements of this chapter do not apply to:
(a)
an institution authorized to engage in a trust business in another state that is engaged 
in trust activities in this state solely to fulfill its duties as a trustee of a trust created 
and administered in another state;
(b)
a national bank, federal savings bank, federal savings and loan association, or federal 
credit union authorized to engage in business as a depository institution in Utah, or 
any wholly owned subsidiary of any of these, to the extent the institution is 
authorized by its primary federal regulator to engage in the trust business in this state; 
or
(c)
a state agency that is otherwise authorized by statute to act as a conservator, receiver, 
guardian, trustee, or in any other fiduciary capacity.
Section 2, Section 
63I-2-275
 is amended to read:
63I-2-275
. Repeal dates: Title 75.
Subsection 
75-5-303
(5)(d), regarding counsel for a person alleged to be incapacitated, 
is repealed July 1, 2028
Reserved
.
Section 3, Section 
75-1-201
 is amended to read:
75-1-201
. Title definitions.
As used in this title:
(1)
"Agent" includes an attorney-in-fact under a durable or nondurable power of attorney, 
an individual authorized to make decisions concerning another's health care, and an 
individual authorized to make decisions for another under a natural death act.
(2)
"Application" means a written request to the registrar for an order of informal probate or 
appointment under Chapter 3, Part 3, Informal Probate and Appointment Proceedings.
(3)
(a)
"Beneficiary," as it relates to trust beneficiaries, includes:
(i)
a person who has any present or future interest, vested or contingent; and
(ii)
the owner of an interest by assignment or other transfer.
(b)
"Beneficiary," as it relates to a charitable trust, includes any person entitled to 
enforce the trust.
(c)
"Beneficiary," as it relates to a beneficiary of a beneficiary designation, means a 
beneficiary of:
(i)
an insurance or annuity policy;
(ii)
an account with POD designation;
(iii)
a security registered in beneficiary form (TOD);
(iv)
a pension, profit-sharing, retirement, or similar benefit plan; or
(v)
 other nonprobate transfer at death.
(d)
"Beneficiary," as it relates to a beneficiary designated in a governing instrument, 
includes:
(i)
a grantee of a deed, a devisee, a trust beneficiary, a beneficiary of a beneficiary 
designation, a donee, appointee, or taker in default of a power of appointment; and
(ii)
a person in whose favor a power of attorney or a power held in any individual, 
fiduciary, or representative capacity is exercised.
(4)
"Beneficiary designation" means a governing instrument naming a beneficiary of an 
insurance or annuity policy, of an account with POD designation, of a security registered 
in beneficiary form (TOD), or of a pension, profit-sharing, retirement, or similar benefit 
plan, or other nonprobate transfer at death.
(5)
(a)
"Child" includes any individual entitled to take as a child under this title by 
intestate succession from the parent whose relationship is involved.
(b)
"Child" does not include an individual who is only a stepchild, a foster child, a 
grandchild, or any more remote descendant.
(6)
(a)
"Claims," in respect to estates of decedents and protected persons, includes 
liabilities of the decedent or protected person, whether arising in contract, in tort, or 
otherwise, and liabilities of the estate which arise at or after the death of the decedent 
or after the appointment of a conservator, including funeral expenses and expenses of 
administration.
(b)
"Claims" does not include estate or inheritance taxes, or demands or disputes 
regarding title of a decedent or protected person to specific assets alleged to be 
included in the estate.
(7)
"Community property with a right of survivorship" means joint tenants with the right of 
survivorship.
(8)
"Conservator" means a person who is appointed by a court to manage the estate of a 
protected person.
(9)
"Court" means any of the courts of record in this state having jurisdiction in matters 
relating to the affairs of decedents.
(10)
"Descendant" means all of an individual's descendants of all generations, with the 
relationship of parent and child at each generation being determined by the definition of 
child and parent contained in this title.
(11)
"Devise," when used as a noun, means a testamentary disposition of real or personal 
property and, when used as a verb, means to dispose of real or personal property by will.
(12)
"Devisee" means any person designated in a will to receive a devise. For the purposes 
of 
Chapter 3, Probate of Wills and Administration
, in the case of a devise to an existing 
trust or trustee, or to a trustee in trust described by will, the trust or trustee is the devisee, 
and the beneficiaries are not devisees.
(13)
"Disability" means cause for a protective order as described by Section 
75-5-401
.
(14)
"Distributee" means any person who has received property of a decedent from his 
personal representative other than as a creditor or purchaser. A testamentary trustee is a 
distributee only to the extent of distributed assets or increment thereto remaining in his 
hands. A beneficiary of a testamentary trust to whom the trustee has distributed 
property received from a personal representative is a distributee of the personal 
representative. For purposes of this provision, "testamentary trustee" includes a trustee 
to whom assets are transferred by will, to the extent of the devised assets.
(15)
"Estate" includes the property of the decedent, trust, or other person whose affairs are 
subject to this title as originally constituted and as it exists from time to time during 
administration.
(16)
"Exempt property" means that property of a decedent's estate which is described in 
Section 
75-2-403
.
(17)
"Fiduciary" includes a personal representative, guardian, conservator, and trustee.
(18)
"Foreign personal representative" means a personal representative of another 
jurisdiction.
(19)
"Formal proceedings" means proceedings conducted before a judge with notice to 
interested persons.
(20)
"General personal representative" does not include a special administrator.
(21)
"Governing instrument" means a deed, will, trust, insurance or annuity policy, account 
with POD designation, security registered in beneficiary form (TOD), pension, 
profit-sharing, retirement, or similar benefit plan, instrument creating or exercising a 
power of appointment or a power of attorney,
 a supported decision-making agreement,
or a dispositive, appointive, or nominative instrument of any similar type.
(22)
(a)
"Guardian" means a person who has qualified as a guardian of a minor or 
incapacitated person pursuant to testamentary or court appointment, or by written 
instrument as provided in Section 
75-5-202.5
.
(b)
"Guardian" does not include a person who is merely a guardian ad litem.
(23)
"Heirs," except as controlled by Section 
75-2-711
, means persons, including the 
surviving spouse and state, who are entitled under the statutes of intestate succession to 
the property of a decedent.
(24)
"Incapacitated" means a judicial determination after proof by clear and convincing 
evidence that an adult's ability to do the following is impaired to the extent that the 
individual lacks the ability, even with appropriate technological assistance, to meet the 
essential requirements for financial protection or physical health, safety, or self-care:
(a)
receive and evaluate information;
(b)
make and communicate decisions; or
(c)
provide for necessities such as food, shelter, clothing, health care, or safety.
(25)
"Incapacity" means incapacitated.
(26)
"Informal proceedings" mean a proceeding conducted without notice to interested 
persons by an officer of the court acting as a registrar for probate of a will or 
appointment of a personal representative.
(27)
(a)
"Interested person" includes heirs, devisees, children, spouses, creditors, 
beneficiaries, and any others having a property right in or claim against a trust estate 
or the estate of a decedent, ward, or protected person. The meaning of interested 
person as it relates to particular persons may vary from time to time and is 
determined according to the particular purposes of, and matter involved in, any 
proceeding.
(b)
"Interested person" includes persons having priority for appointment as personal 
representative, other fiduciaries representing interested persons, a settlor of a trust, if 
living, or the settlor's legal representative, if any, if the settlor is living but 
incapacitated. 
(28)
"Issue" means a descendant of an individual.
(29)
(a)
"Joint tenants with the right of survivorship" includes coowners of property held 
under circumstances that entitle one or more to the whole of the property on the death 
of the other.
(b)
"Joint tenants with the right of survivorship" does not include forms of coownership 
registration in which the underlying ownership of each party is in proportion to that 
party's contribution.
(30)
"Lease" includes an oil, gas, or other mineral lease.
(31)
"Letters" includes letters testamentary, letters of guardianship, letters of 
administration, and letters of conservatorship.
(32)
"Minor" means a person who is under 18 years old.
(33)
"Minor protected person" means a minor for whom a conservator has been appointed 
because of minority.
(34)
"Minor ward" means a minor for whom a guardian has been appointed solely because 
of minority.
(35)
"Mortgage" means any conveyance, agreement, or arrangement in which property is 
used as security.
(36)
"Nonresident decedent" means a decedent who was domiciled in another jurisdiction at 
the time of the decedent's death.
(37)
"Organization" includes a corporation, limited liability company, business trust, estate, 
trust, partnership, joint venture, association, government or governmental subdivision or 
agency, or any other legal or commercial entity.
(38)
(a)
"Parent" includes any person entitled to take, or who would be entitled to take if 
the child died without a will, as a parent under this title by intestate succession from 
the child whose relationship is in question.
(b)
"Parent" does not include any person who is only a stepparent, foster parent, or 
grandparent.
(39)
"Payor" means a trustee, insurer, business entity, employer, government, governmental 
agency or subdivision, or any other person authorized or obligated by law or a governing 
instrument to make payments.
(40)
"Person" means an individual or an organization.
(41)
"Personal representative" includes executor, administrator, successor personal 
representative, special administrator, and persons who perform substantially the same 
function under the law governing their status.
(42)
"Petition" means a written request to the court for an order after notice.
(43)
"Proceeding" includes action at law and suit in equity.
(44)
"Property" includes both real and personal property or any interest therein and means 
anything that may be the subject of ownership.
(45)
"Protected person" means a person for whom a conservator has been appointed. 
(46)
"Protective proceeding" means a proceeding described in Section 
75-5-401
.
(47)
"Record" means information that is inscribed on a tangible medium or that is stored in 
an electronic or other medium and is retrievable in perceivable form.
(48)
"Registrar" means the official of the court designated to perform the functions of 
registrar as provided in Section 
75-1-307
.
(49)
"Security" includes any note, stock, treasury stock, bond, debenture, evidence of 
indebtedness, certificate of interest, or participation in an oil, gas, or mining title or lease 
or in payments out of production under such a title or lease, collateral trust certificate, 
transferable share, voting trust certificate, and, in general, any interest or instrument 
commonly known as a security, or any certificate of interest or participation, any 
temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or 
right to subscribe to or purchase, any of the foregoing.
(50)
"Settlement," in reference to a decedent's estate, includes the full process of 
administration, distribution, and closing.
(51)
"Sign" means, with present intent to authenticate or adopt a record other than a will:
(a)
to execute or adopt a tangible symbol; or
(b)
to attach to or logically associate with the record an electronic symbol, sound, or 
process.
(52)
"Special administrator" means a personal representative as described in Sections 
75-3-614
 through 
75-3-618
.
(53)
"State" means a state of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, any territory or insular possession subject to the 
jurisdiction of the United States, or a Native American tribe or band recognized by 
federal law or formally acknowledged by a state.
(54)
"Successor personal representative" means a personal representative, other than a 
special administrator, who is appointed to succeed a previously appointed personal 
representative.
(55)
"Successors" means persons, other than creditors, who are entitled to property of a 
decedent under the decedent's will or this title.
(56)
"Supervised administration" means the proceedings described in Chapter 3, Part 5, 
Supervised Administration.
(57)
(a)
"Survive" means, except for Chapter 6, Part 3, Uniform Transfer on Death 
Security Registration Act, that an individual has neither predeceased an event, 
including the death of another individual, nor is considered to have predeceased an 
event under Section 
75-2-104
 or 
75-2-702
. 
(b)
"Survive" includes its derivatives, such as "survives," "survived," "survivor," and 
"surviving."
(58)
"Testacy proceeding" means a proceeding to establish a will or determine intestacy.
(59)
"Testator" includes an individual of either sex.
(60)
(a)
"Trust" includes:
(i)
a health savings account, as defined in Section 223of the Internal Revenue Code;
(ii)
an express trust, private or charitable, with additions thereto, wherever and 
however created; or
(iii)
a trust created or determined by judgment or decree under which the trust is to be 
administered in the manner of an express trust. 
(b)
"Trust" does not include:
(i)
a constructive trust;
(ii)
a resulting trust;
(iii)
a conservatorship;
(iv)
a personal representative;
(v)
a trust account as defined in Chapter 6, Nonprobate Transfers;
(vi)
a custodial arrangement under Title 75A, Chapter 8, Uniform Transfers To 
Minors Act;
(vii)
a business trust providing for certificates to be issued to beneficiaries;
(viii)
a common trust fund;
(ix)
a voting trust;
(x)
a preneed funeral plan under Title 58, Chapter 9, Funeral Services Licensing Act;
(xi)
a security arrangement;
(xii)
a liquidation trust;
(xiii)
a trust for the primary purpose of paying debts, dividends, interest, salaries, 
wages, profits, pensions, or employee benefits of any kind; or
(xiv)
any arrangement under which a person is nominee or escrowee for another.
(61)
"Trustee" includes an original, additional, and successor trustee, and cotrustee, whether 
or not appointed or confirmed by the court.
(62)
"Ward" means a person for whom a guardian has been appointed. 
(63)
"Will" includes codicil and any testamentary instrument which merely appoints an 
executor, revokes or revises another will, nominates a guardian, or expressly excludes or 
limits the right of an individual or class to succeed to property of the decedent passing 
by intestate succession.
Section 4, Section 
75-5-301.5
 is amended to read:
75-5-301.5
. Rights of a person alleged to be incapacitated -- Rights of an 
incapacitated person.
(1)
Except as otherwise provided by this chapter or any other law, a person alleged to be 
incapacitated has the right to:
(a)
be represented by counsel before a guardianship is imposed and have counsel 
represent the person during the guardianship proceeding
, except as provided in 
Subsection 
75-5-303(6)(e)
;
(b)
receive a copy of all documents filed in a guardianship proceeding;
(c)
have a relative, physician, physician assistant, or any interested person speak about 
or raise any issue of concern on behalf of the person during the guardianship 
proceeding;
(d)
receive information about guardianships from the court; and
(e)
be treated with respect and dignity.
(2)
For a guardianship granted before May 7, 2025, the rights of an incapacitated person for 
whom a guardian is appointed are in accordance with the statutory provisions in effect as 
of the date that the guardianship was granted, including, as applicable, Subsection 
75-5-312(1)(c)(i)
 unless expressly limited by a court in the order of appointment.
(3)
Except as otherwise provided by this chapter or any other law, 
for a guardianship 
granted on or after May 7, 2025, 
an incapacitated person for whom a guardian is 
appointed has
 the
 right to:
(a)
have counsel represent the incapacitated person at any time after the guardian is 
appointed;
(b)
have a relative, physician, physician assistant, or any interested person speak about 
or raise any issue of concern on behalf of the person in any court hearing about the 
guardianship;
(c)
receive a copy of all documents filed in court regarding the guardianship;
(d)
receive information about guardianships from the court;
(e)
ask questions and express concerns or complaints about a guardian and the actions of 
a guardian to the court;
(f)
participate in developing an individualized plan for the incapacitated person's care, 
including:
(i)
managing the incapacitated person's assets and property;
(ii)
determining the incapacitated person's residence; and
(iii)
determining the services to be received by the incapacitated person;
(g)
be given consideration in regards to the incapacitated person's current and 
previously stated desires, preferences for health care and medical treatment, and 
religious and moral beliefs;
(h)
remain as independent as possible, including giving deference to the incapacitated 
person's preference for the incapacitated person's residence and standard of living:
(i)
as expressed or demonstrated before a determination of capacity was made; or
(ii)
as currently expressed or demonstrated by the incapacitated person if the 
preference is reasonable under the circumstances;
(i)
(f)
be granted the greatest degree of freedom possible that is consistent with the 
reasons for the guardianship;
(j)
be able to exercise control over all aspects of the incapacitated person's life that are 
not granted to the guardian in the order of appointment;
(k)
engage in any activity that the court has not expressly reserved for the guardian, 
including marriage or domestic partnership, traveling, working, or having a driver 
license;
(l)
(g)
be treated with respect and dignity;
(m)
(h)
be treated fairly by the incapacitated person's guardian;
(n)
maintain privacy and confidentiality in personal matters;
(o)
receive telephone calls and personal mail and associate with relatives and 
acquaintances unless the guardian and the court determine that the association should 
be restricted or prohibited in accordance with Section 
75-5-312.5
;
(p)
receive timely, effective, and appropriate health care and medical treatment that 
does not violate the incapacitated person's rights;
(q)
(i)
have all services provided by a guardian at a reasonable rate of compensation;
(r)
(j)
have a court review any request for payment by a guardian to avoid excessive or 
unnecessary fees or duplicative billing;
(s)
(k)
receive prudent financial management of the incapacitated person's property;
(t)
(l)
subject to Subsections 
75-5-312
(4)(h) and 
75-5-417
(4),
 and subject to the 
exception provided in Subsection 
75-5-312(7)(d)
,
 receive a copy of an accounting 
report regarding the incapacitated person's estate that is submitted to the court by the 
guardian under Section 
75-5-312
 or the conservator under Section 
75-5-417
 if a 
conservator is appointed for the incapacitated person;
 and
(u)
receive and control the incapacitated person's salary;
(v)
maintain a bank account and manage the incapacitated person's personal money; and
(w)
(m)
ask the court to:
(i)
review the management activity of a guardian if a dispute cannot be resolved 
regarding the guardian's management;
(ii)
continue to review the need for a guardianship or to modify or terminate a 
guardianship
 pursuant to Section 
75-5-306
 and Section 
75-5-307
; and
(iii)
enter an order restoring the incapacitated person's capacity at the earliest possible 
time
 pursuant to Section 
75-5-306
 and Section 
75-5-307
.
(3)
(4)
The court may not waive, suspend, or limit a right described in Subsection 
(3)
.
(5)
Except as otherwise provided by this chapter or any other law, and subject to Subsection 
(6)
, for a guardianship granted on or after May 7, 2025, an incapacitated person for 
whom a guardian is appointed has the right, to the extent practicable, to:
(a)
participate in developing an individualized plan for the incapacitated person's care, 
including:
(i)
managing the incapacitated person's assets and property;
(ii)
determining the incapacitated person's residence; and
(iii)
determining the services to be received by the incapacitated person;
(b)
be given consideration in regards to the incapacitated person's current and previously 
stated desires, preferences for health care and medical treatment, and religious and 
moral beliefs;
(c)
remain as independent as possible, including giving deference to the incapacitated 
person's preference for the incapacitated person's residence and standard of living:
(i)
as expressed or demonstrated before a determination of capacity was made; or
(ii)
as currently expressed or demonstrated by the incapacitated person if the 
preference is reasonable under the circumstances;
(d)
be able to exercise control over all aspects of the incapacitated person's life that are 
not granted to the guardian in an order of appointment of a limited guardianship;
(e)
maintain privacy and confidentiality in personal matters, to the extent that privacy 
and confidentiality does not inhibit the ability of the incapacitated person's guardian 
to fulfill the guardian's responsibilities or perform the guardian's duties;
(f)
receive telephone calls and personal mail and associate with relatives and 
acquaintances unless the guardian and the court determine that the association should 
be restricted or prohibited in accordance with Section 
75-5-312.5
;
(g)
receive timely, effective, and appropriate health care and medical treatment that does 
not violate the incapacitated person's rights;
(h)
receive an allowance or control a reasonable amount of the incapacitated person's 
earnings or other income; and
(i)
collaborate with the incapacitated person's guardian to use appropriate financial tools 
to maintain a bank account and manage the incapacitated person's personal money.
(6)
The court may waive or limit a right described in Subsection 
(5)
 if:
(a)
an interested party requests the waiver or limitation; and
(b)
the court finds, by clear and convincing evidence, that there is a compelling reason 
for the waiver or limitation.
(7)
(a)
The rights of an incapacitated person under this section do not abrogate any 
remedy provided by law.
(b)
This section may not be interpreted in a way that would permit or justify any action 
that violates a provision in Sections 
76-5-111
 through 
76-5-111.4
 or Section 
76-5-112.5
.
(4)
(8)
Any right described in this section may be:
(a)
addressed in a guardianship proceeding; or
(b)
enforced through a private cause of action.
Section 5, Section 
75-5-303
 is amended to read:
75-5-303
. Procedure for court appointment of a guardian of an incapacitated 
person.
(1)
An 
allegedly 
incapacitated person or any person interested in 
the
an allegedly
incapacitated person's welfare may petition for a finding of incapacity and appointment 
of a guardian.
(2)
(a)
Upon the filing of a petition, the court shall set a date for hearing on the issues of 
incapacity.
(b)
Unless the allegedly incapacitated person has counsel of the person's own choice, the 
court shall appoint an attorney to represent the person in the proceeding the cost of 
which shall be paid by the 
allegedly incapacitated 
person
 alleged to be incapacitated
, 
unless the allegedly incapacitated person and the allegedly incapacitated person's 
parents are indigent.
(c)
If the court determines that the petition is without merit, the attorney fees and court 
costs shall be paid by the person filing the petition.
(d)
If the court appoints the petitioner or the petitioner's nominee as guardian of the 
incapacitated person, regardless of whether the nominee is specified in the moving 
petition or nominated during the proceedings, the petitioner shall be entitled to 
receive from the incapacitated person reasonable attorney fees and court costs 
incurred in bringing, prosecuting, or defending the petition.
(3)
The legal representation of 
the
an allegedly
 incapacitated person by an attorney shall 
terminate upon the appointment of a guardian, unless:
(a)
there are separate conservatorship proceedings still pending before the court 
subsequent to the appointment of a guardian;
(b)
there is a timely filed appeal of the appointment of the guardian or the determination 
of incapacity; or
(c)
upon an express finding of good cause, the court orders otherwise.
(4)
The person alleged to be incapacitated may be examined by a physician or physician 
assistant appointed by the court who shall submit a report in writing to the court and 
may be interviewed by a visitor sent by the court. The visitor also may
(4)
(a)
The court may appoint a health care provider, as that term is defined in Section 
75A-3-101
, to examine the functional capabilities and limitations of the allegedly 
incapacitated person.
(b)
An appointed health care provider shall submit to the court a report assessing, within 
the scope of the health care provider's license and experience, the functional 
capabilities and limitations of the allegedly incapacitated person to, with or without 
appropriate technological assistance:
(i)
receive and evaluate information;
(ii)
make and communicate decisions; and
(iii)
provide for necessities such as food, shelter, clothing, health care, or safety.
(5)
(a)
The court may appoint a court visitor to:
(i)
interview the person seeking appointment as guardian
,
;
(ii)
visit the present place of abode of the 
allegedly incapacitated 
person
 alleged to 
be incapacitated
 and the place it is proposed that the 
allegedly incapacitated 
person will be detained or reside if the requested appointment is made
,
; or
(iii)
conduct other investigations or observations as directed by the court
, and submit 
a report in writing to the court
.
(b)
The court visitor shall submit a written report to the court.
(5)
(6)
(a)
The 
allegedly incapacitated 
person
 alleged to be incapacitated
 shall be 
present at the hearing 
in person 
and see or hear all evidence bearing upon the 
person's condition. 
(b)
If the person seeking the guardianship requests a waiver of presence of the person 
alleged to be incapacitated,
The court may only waive the presence of the allegedly 
incapacitated person if all of the following criteria are met:
(i)
the person is represented by an attorney;
(ii)
 the court shall order an investigation by 
a court visitor
 is appointed to 
investigate
, the costs of which shall be paid by the person seeking the guardianship
.
; and
(iii)
following the investigation, the court finds that there is no reasonable 
accommodation that will enable the allegedly incapacitated person to be present 
for or participate in the hearing.
(b)
(c)
The investigation by a
A
 court visitor is not required 
to investigate under 
Subsection 
(6)(b)(ii)
if there is clear and convincing evidence from a physician that 
the person alleged to be incapacitated 
has:
is experiencing a state of extended 
comatosis that is likely to persist through the time of the hearing.
(i)
fourth stage Alzheimer's Disease;
(ii)
extended comatosis; or
(iii)
(A)
an intellectual disability; and
(B)
an intelligence quotient score under 25.
(c)
(d)
The
In addition to the rights described in Section 
75-5-301.5
, an allegedly 
incapacitated
 person
 alleged to be incapacitated
 is entitled to be represented by 
counsel, to present evidence, to cross-examine witnesses, including the 
court-appointed 
physician
health care provider
 and the 
court 
visitor, and to trial by 
jury. The issue may be determined at a closed hearing without a jury if the 
allegedly 
incapacitated 
person
 alleged to be incapacitated
 or the person's counsel so requests.
(d)
(e)
Counsel for the 
allegedly incapacitated 
person
 alleged to be incapacitated, as 
defined in Subsection 
75-1-201
(22),
 is not required if
 all of the following criteria are 
met
:
(i)
the 
allegedly incapacitated 
person is the biological or adopted child of the 
petitioner;
(ii)
the value of the 
allegedly incapacitated 
person's entire estate does not exceed 
$20,000 as established by an affidavit of the petitioner in accordance with Section 
75-3-1201
;
(iii)
the 
allegedly incapacitated person's appearance at the hearing has not been 
waived and the 
person appears in court with the petitioner
, as described in 
Subsection (6)(a)
;
(iv)
the 
allegedly incapacitated 
person is given the opportunity to communicate, to 
the extent possible, the person's acceptance of 
or objection to 
the appointment of 
petitioner
the proposed guardian, including the opportunity to communicate that 
acceptance or objection to the court and, as applicable, to the person's supporters, 
health care providers, and attorney
;
(v)
no attorney from the state court's list of attorneys who have volunteered to 
represent respondents in guardianship proceedings is able to provide counsel to 
the person within 60 days of the date of the 
appointment
hearing, as
 described in 
Subsection (2)
(b)
;
(vi)
the court is satisfied that counsel is not necessary 
in order 
to protect the 
interests of the 
allegedly incapacitated 
person; and
(vii)
the court appoints a 
court 
visitor 
and receives a report from the court visitor 
under Subsection 
(4)
(5)
.
Section 6, Section 
75-5-312
 is amended to read:
75-5-312
. General powers and duties of guardian -- Penalties.
(1)
(a)
A guardian of an incapacitated person shall diligently and in good faith carry out 
the specific duties, powers, and rights that the guardian is granted:
(i)
in an order of appointment by a court under Section 
75-5-304
; and
(ii)
under this section.
(b)
A court may, in the order of appointment, place specific limitations on the guardian's 
power, duties, and rights.
(c)
(i)
Except as provided in this Subsection 
(1)
, a guardian has the same powers, 
rights, and duties respecting the ward that a parent has respecting the parent's 
unemancipated minor.
(ii)
A guardian is not liable to a third person for acts of the guardian's ward solely by 
reason of the relationship described in Subsection 
(1)(c)(i)
.
(d)
In carrying out duties, powers, and rights that a guardian is granted, the guardian 
shall encourage the ward, to the extent practicable, to participate in decisions, 
exercise self-determination, act on the ward's own behalf, and develop or regain the 
capacity to manage the ward's personal affairs.
(e)
To the extent known, a guardian, in making decisions about the ward, shall consider 
the expressed desires, preferences, and personal values of the ward.
(2)
Except as modified by an order of appointment under Section 
75-5-304
, a guardian has 
the following duties and powers:
(a)
to the extent that it is consistent with the terms of any order by a court relating to 
detention or commitment of the ward, a guardian is entitled to custody of the person 
of the ward and may establish the ward's place of residence within, or outside of, this 
state, except that the guardian must give consideration to the ward's preference for 
the ward's place of residence in accordance with Section 
75-5-301.5
;
(b)
if a guardian is entitled to custody of the ward, the guardian shall provide for the 
care, comfort, and maintenance of the ward and, whenever appropriate, arrange for 
the ward's training and education;
(c)
without regard to custodial rights of the ward's person, a guardian shall take 
reasonable care of the ward's clothing, furniture, vehicles, and other personal effects 
and commence protective proceedings if other property of the ward is in need of 
protection;
(d)
a guardian may give the consent or approval that may be necessary to enable the 
ward to receive medical or other professional care, counsel, treatment, or service, 
except that the guardian must:
(i)
give consideration to the ward's current and previously stated desires for health 
care and medical treatment in accordance with Section 
75-5-301.5
; and
(ii)
respect the ward's right to receive timely, effective, and appropriate health care in 
accordance with Section 
75-5-301.5
;
(e)
a guardian is required to notify any interested person named in the order of 
appointment under Subsection 
75-5-304(4)
 of any significant health care or treatment 
received by the ward;
(f)
a guardian is required to immediately notify persons who request notification and are 
not restricted in associating with the ward in accordance with Section 
75-5-312.5
 of:
(i)
the ward's admission to a hospital for three or more days or to a hospice program;
(ii)
the ward's death; or
(iii)
the arrangements for the disposition of the ward's remains;
(g)
a guardian is required to immediately notify all interested persons if the guardian 
reasonably believes that the ward's death is likely to occur within the next 10 days, 
based on:
(i)
the guardian's own observations; or
(ii)
information from the ward's physician or other medical care providers;
(h)
a guardian is required to:
(i)
unless emergency conditions exist:
(A)
file with the court a notice of the guardian's intent to move the ward; and
(B)
serve the notice on all interested persons at least 10 days before the day on 
which the guardian moves the ward; or
(ii)
take reasonable steps to:
(A)
notify all interested persons of the guardian's intent to move the ward; and
(B)
file the notice of the move with the court as soon as practicable following the 
earlier of the move or the date when the guardian's intention to move the ward 
is made known to the ward, the ward's care giver, or any other third party;
(i)
except as otherwise provided by Section 
75-5-312.5
, a guardian may not restrict or 
prohibit a ward's association, as defined in Section 
75-5-312.5
, with family, relatives, 
or friends;
(j)
if no conservator for the estate of the ward has been appointed, a guardian may:
(i)
institute proceedings to compel any person under a duty to support the ward or to 
pay sums for the welfare of the ward to perform that duty;
(ii)
compel the production of the ward's estate documents, including the ward's will, 
trust, power of attorney, and any advance health care directive; and
(iii)
receive money and tangible property deliverable to the ward and apply the 
money and property for support, care, and education of the ward, except that:
(A)
the guardian may not use funds from the ward's estate for room and board that 
the guardian or the guardian's spouse, parent, or child have furnished the ward 
unless a charge for the service is approved by order of the court made upon 
notice to at least one adult relative in the nearest degree of kinship to the ward 
in which there is an adult; and
(B)
the guardian shall exercise care to conserve any excess for the ward's needs;
(k)
if no conservator for the estate of the ward has been appointed:
(i)
for all estates in excess of $50,000 excluding the residence owned by the ward, a 
guardian shall send a report with a full accounting to the court on an annual basis; 
or
(ii)
for estates less than $50,000 excluding the residence owned by the ward, a 
guardian shall fill out an informal annual report and mail the report to the court;
(l)
a guardian shall provide an annual accounting of the status of the ward, including a 
report of the physical and mental condition of the ward, the ward's estate that has 
been subject to the guardian's possession, the ward's place of residence and others 
living in the same household, to the court in the petition or the annual report as 
required under Subsection 
(2)(k)
; and
(m)
a guardian shall comply with standards set by the National Guardianship 
Association for guardians to the extent that the standards are applicable to the 
guardian.
(3)
For the purposes of Subsections 
(2)(f)
, 
(g)
, and 
(h)
, an interested person is a person 
required to receive notice in guardianship proceedings as described in Section 
75-5-309
.
(4)
(a)
An accounting report under Subsection 
(2)(k)
 shall include a statement regarding:
(i)
all assets at the beginning and end of the reporting year;
(ii)
any income received during the year;
(iii)
any disbursements for the support of the ward;
(iv)
any investments or trusts that are held for the ward's benefit;
(v)
any expenditures or fees charged to the ward's estate; and
(vi)
any other expenses incurred by the ward's estate.
(b)
The court may require additional information in an accounting report under 
Subsection 
(2)(k)
.
(c)
The Judicial Council shall approve forms for the accounting reports described in 
Subsection 
(2)(k)
.
(d)
An annual accounting report under Subsection 
(2)(k)
 shall be examined and 
approved by the court.
(e)
If the ward's income is limited to a federal or state program requiring an annual 
accounting report, a copy of that report may be submitted to the court in lieu of the 
required annual accounting report under Subsection 
(2)(k)
.
(f)
(i)
A corporate fiduciary is not required to petition the court, but shall submit the 
corporate fiduciary's internal report annually to the court.
(ii)
The report under Subsection 
(4)(f)(i)
 shall be examined and approved by the court.
(g)
If a fee is paid for an accounting of an estate, a fee may not be charged for an 
accounting of the status of a ward under Subsection 
(2)(l)
.
(h)
Upon a motion and after a hearing, the court may alter the frequency of, or the 
information included in, an accounting report provided to a ward in accordance with 
Subsection 
75-5-301.5(2)(t)
75-5-301.5(3)(l)
.
(5)
If a conservator has been appointed for a ward:
(a)
all of the ward's estate received by the guardian in excess of those funds expended to 
meet current expenses for support, care, and education of the ward shall be paid to 
the conservator for management as provided in this chapter; and
(b)
the guardian shall account to the conservator for funds expended.
(6)
(a)
Any guardian of a person for whom a conservator has been appointed:
(i)
shall control the custody and care of the ward; and
(ii)
is entitled to receive reasonable sums for services and for room and board 
furnished to the ward as agreed upon between the guardian and the conservator if 
the amounts agreed upon are reasonable under the circumstances.
(b)
The guardian may request the conservator to expend the ward's estate by payment to 
third persons or institutions for the ward's care and maintenance.
(7)
(a)
The court may impose a penalty in an amount not to exceed $5,000 if a guardian:
(i)
makes a substantial misstatement on filings of annual reports;
(ii)
is guilty of gross impropriety in handling the property of the ward; or
(iii)
willfully fails to file the report required by this section after receiving written 
notice from the court of the failure to file and after a grace period of two months 
has elapsed.
(b)
The court may order restitution of funds misappropriated from the estate of a ward.
(c)
A penalty under this Subsection 
(7)
 shall be paid by the guardian and may not be 
paid by the ward or the ward's estate.
(d)
The provisions and penalties in Subsection 
(2)(k)
 or 
(l)
 governing annual reports do 
not apply if the guardian or a coguardian is the parent of the ward.
(8)
A person who refuses to accept the authority of a guardian with authority over financial 
decisions to transact business with the assets of the ward after receiving a certified copy 
of letters of guardianship is liable for costs, expenses, attorney fees, and damages if the 
court determines that the person did not act in good faith in refusing to accept the 
authority of the guardian.
Section 7, Section 
75-5-417
 is amended to read:
75-5-417
. General duty of conservator.
(1)
A conservator shall act as a fiduciary and shall observe the standards of care as set forth 
in Section 
75-7-902
.
(2)
(a)
For all estates in excess of $50,000 excluding the residence owned by the ward, 
the conservator shall send a report with a full accounting to the court on an annual 
basis.
(b)
For estates less than $50,000 excluding the residence owned by the ward, the 
conservator shall fill out an informal annual report and mail the report to the court. 
(c)
A report under Subsection 
(2)(a)
 or 
(b)
 shall include a statement regarding:
(i)
all assets at the beginning and end of the reporting year;
(ii)
any income received during the year;
(iii)
any disbursements for the support of the ward;
(iv)
any investments or trusts that are held for the ward's benefit;
(v)
any expenditures or fees charged to the ward's estate; and
(vi)
any other expenses incurred by the ward's estate.
(d)
The Judicial Council shall approve the forms for the accounting reports described in 
Subsections 
(2)(a)
 and 
(b)
.
(e)
An annual accounting report under Subsection 
(2)(a)
 or 
(b)
 shall be examined and 
approved by the court.
(3)
(a)
Corporate fiduciaries are not required to fully petition the court, but shall submit 
their internal report annually to the court. 
(b)
A report under Subsection 
(3)(a)
 shall be examined and approved by the court.
(4)
Upon a motion and after a hearing, the court may alter the frequency of, or the 
information included in, an accounting report provided to a ward in accordance with 
Subsection 
75-5-301.5(2)(t)
75-5-301.5(3)(l)
.
(5)
(a)
The court may impose a fine in an amount not to exceed $5,000, if, after receiving 
written notice of the failure to file and after a grace period of two months have 
elapsed, a conservator or corporate fiduciary:
(i)
makes a substantial misstatement on filings of any required annual reports;
(ii)
is guilty of gross impropriety in handling the property of the ward; or
(iii)
willfully fails to file the report required by this section.
(b)
The court may also order restitution of funds misappropriated from the estate of a 
ward.
(c)
The penalty shall be paid by the conservator or corporate fiduciary and may not be 
paid by the estate.
(6)
These provisions and penalties governing annual reports do not apply if the conservator 
is the parent of the ward.
Section 8, Section 
75-5-701
 is enacted to read:
7. Supported Decision-making Agreements
75-5-701
. Definitions.
As used in this part:
(1)
"Abuse" means the same as that term is defined in Section 
26B-6-201
.
(2)
"Coercion" means influencing or attempting to influence a principal using force, threats, 
or intimidation.
(3)
"Covered entity" means the same as that term is defined in 45 C.F.R. Sec. 160.103.
(4)
"Exploitation" means the same as that term is defined in Section 
26B-6-201
.
(5)
"Good faith" means honesty in fact in the conduct or transaction concerned.
(6)
"HIPAA" means the Health Insurance Portability and Accountability Act of 1996, 50 
Pub. L. No. 104-191, 110 Stat. 1936, as amended.
(7)
"Neglect" means the same as that term is defined in Section 
26B-6-201
.
(8)
"Principal" means an individual who:
(a)
is 18 years old or older;
(b)
has a disability, as that term is defined in Section 
26B-6-801
; and
(c)
has entered into a supported decision-making agreement with at least one supporter.
(9)
"Protected health information" means the same as that term is defined in 45 C.F.R. Sec. 
160.103.
(10)
(a)
"Solicit" means to ask, command, encourage, importune, urge, or request.
(b)
"Solicit" does not include providing information, materials, resources, or education 
materials to an individual.
(11)
"Qualifying person" means a person who has a legal right to receive notice regarding, 
or legal decision-making authority for, an individual seeking to enter into a supported 
decision-making agreement, which may include:
(a)
the agent for a power of attorney;
(b)
the agent for an advance health care directive; or
(c)
the personal representative of a will or the trustee of a trust.
(12)
"Supported decision-making" means the process of supporting and accommodating an 
individual in the decision-making process to make, communicate, and effectuate life 
decisions, without impeding the self-determination of the individual.
(13)
"Supported decision-making agreement" means an agreement between a principal and 
at least one supporter, subject to the requirements described in Section 
75-5-704
.
(14)
"Supporter" means an individual:
(a)
who is 18 years old or older;
(b)
who is not being paid to provide support to the principal, unless the individual is 
receiving caregiver compensation through the Division of Services for People with 
Disabilities or is a sibling of the principal who cares for the principal;
(c)
who does not have any of the following:
(i)
a substantiated allegation of abuse, neglect, or exploitation;
(ii)
a protective or restraining order; or
(iii)
a conviction for:
(A)
harm of another;
(B)
theft; or
(C)
financial crime; and
(d)
who has agreed to provide specified assistance to a principal by entering into a 
supported decision-making agreement with the principal.
(15)
"Undue influence" means the same as that term is defined in Section 
26B-6-201
.
Section 9, Section 
75-5-702
 is enacted to read:
75-5-702
. Purposes of part.
The purposes of this part are to:
(1)
provide a principal assistance in:
(a)
gathering and assessing information;
(b)
understanding options, responsibilities, and consequences of a decision; and
(c)
communicating decisions for a principal if the principal wants assistance with 
communicating decisions;
(2)
give a supporter legal status, as specified in a supported decision-making agreement, to 
be with a principal, to access information on behalf of a principal, and to participate in 
discussions with others when a principal is making decisions or seeking to obtain 
information; and
(3)
enable a supporter to assist in making and communicating decisions for a principal, but 
not to substitute as the decision maker for a principal.
Section 10, Section 
75-5-703
 is enacted to read:
75-5-703
. Interpretation of part.
This part shall be construed and applied in accordance with the following principles:
(1)
a principal should be able to:
(a)
live in the manner in which the principal wishes; and
(b)
make decisions about accepting or refusing support, assistance, or protection, as long 
as doing so does not cause serious bodily injury, as that term is defined in Section 
26B-5-301
, to the principal, or harm to others;
(2)
a principal should be informed about and, to the best of the principal's abilities, 
participate in the management of the principal's affairs;
(3)
a principal should receive the most effective, yet least restrictive and intrusive, form of 
support, assistance, or protection when the principal is unable to manage the principal's 
affairs alone; and
(4)
the values, beliefs, wishes, cultural norms, and traditions that a principal holds should 
be respected in supporting the principal.
Section 11, Section 
75-5-704
 is enacted to read:
75-5-704
. Supported decision-making agreement.
(1)
Subject to Subsections 
(2)
 and (6), an individual may enter into a supported 
decision-making agreement at any time if:
(a)
the individual enters into the agreement voluntarily, without coercion or undue 
influence, and without being solicited to enter into the agreement; and
(b)
the individual understands the nature and effect of the agreement.
(2)
(a)
If the individual seeking to enter into a supported decision-making agreement has 
a court-appointed guardian, court-appointed conservator, or qualifying person, the 
guardian, conservator, or qualifying person shall be given:
(i)
notice and an opportunity to participate in all discussions related to a proposed 
supported decision-making agreement; and
(ii)
14 days to review a proposed supported decision-making agreement to determine 
whether the proposed agreement includes an area over which the guardian, 
conservator, or qualifying person has been granted legal decision-making 
authority.
(b)
If a guardian, conservator, or qualifying person determines, pursuant to Subsection 
(2)(a)
, that a proposed supported decision-making agreement includes an area over 
which the guardian, conservator, or qualifying person has been granted 
decision-making authority:
(i)
the supported decision-making agreement is not valid without the signature of the 
guardian, conservator, or qualifying person; and
(ii)
the proposed supported decision-making agreement shall describe how the 
guardian, conservator, or qualifying person will be provided timely notice of and 
an opportunity to participate in any discussion between parties to the supported 
decision-making agreement that relate to an area over which the guardian, 
conservator, or qualifying person has been granted legal decision-making 
authority.
(c)
If a guardian, conservator, or qualifying person described in Subsection 
(2)(a)
determines that a proposed supported decision-making agreement includes an area 
over which the guardian, conservator, or other person has not been granted legal 
decision-making authority, nothing in this part shall be construed to:
(i)
require that the guardian, conservator, or qualifying person be excluded from any 
discussion relating to that area; or
(ii)
preclude the parties to the proposed supported decision-making agreement from 
giving the guardian, conservator, or qualifying person notice and an opportunity to 
participate in any discussion relating to that area.
(3)
A supported decision-making agreement shall:
(a)
be in writing;
(b)
state the date on which the agreement is effective;
(c)
designate at least one supporter;
(d)
describe:
(i)
how the principal uses supported decision-making to make decisions;
(ii)
the rights of the principal;
(iii)
the responsibilities of each supporter;
(iv)
the decision-making supports and accommodations the principal chooses to 
receive from each supporter;
(v)
the types of decisions, if any, with which a supporter is not authorized to assist 
the principal;
(e)
include the ink or electronic signature of:
(i)
the individual seeking to enter into the supported decision-making agreement;
(ii)
each supporter;
(iii)
a guardian, conservator, or qualifying person, if required under Subsection (2); 
and
(iv)
(A)
two witnesses; or
(B)
a notary public; and
(f)
describe how any perceived or actual conflict of interest between a supporter and the 
principal will be mitigated.
(4)
(a)
A supported decision-making agreement executed other than in this state is valid 
in this state if, when the supported decision-making agreement was executed, the 
execution complied with the law of the jurisdiction that determines the meaning and 
effect of the supported decision-making agreement.
(b)
The meaning and effect of a supported decision-making agreement is determined by 
the law of the jurisdiction indicated in the supported decision-making agreement and, 
in the absence of an indication of jurisdiction, by the law of the jurisdiction in which 
the supported decision-making agreement was executed.
(5)
(a)
A supported decision-making agreement may include a release or other document 
by which the principal authorizes a supporter to access the principal's confidential 
information, subject to the terms of the supported decision-making agreement 
described in Subsection (3) and the supporter's duties described in Section 
75-5-705
.
(b)
Before a covered entity may share a principal's protected health information with a 
supporter, the principal shall sign a HIPAA consent form authorizing release of the 
protected health information to the supporter.
(c)
Nothing in this part shall be construed to alter or preempt the requirements for 
protecting health information under HIPAA.
(6)
Each supporter shall include with the supporter's signature:
(a)
a description of the supporter's relationship to the principal;
(b)
a statement of the supporter's willingness to act as a supporter;
(c)
an acknowledgment of the supporter's duties; and
(d)
an attestation that the supporter:
(i)
agrees to honor the right of the principal to make decisions;
(ii)
will not make decisions for the principal, including health care decisions; and
(iii)
will respect and work to further the independence of the principal.
(7)
A supported decision-making agreement may do one or more of the following:
(a)
specify a time period for which the supported decision-making agreement is valid;
(b)
designate more than one supporter;
(c)
designate an alternate individual to act in the place of a supporter under 
circumstances specified in the supported decision-making agreement; or
(d)
authorize a supporter to share information with another supporter or other individual 
named in the supported decision-making agreement.
Section 12, Section 
75-5-705
 is enacted to read:
75-5-705
. Supporter duties.
(1)
A supporter shall:
(a)
act with the care, competence, and diligence ordinarily exercised by individuals in 
similar circumstances, and in accordance with the supporter's skills or expertise;
(b)
act in good faith;
(c)
comply with the terms of the supported decision-making agreement;
(d)
maintain records, which the supporter shall make available to the principal upon 
request, concerning:
(i)
the supporter's actions under the supported decision-making agreement; and
(ii)
how the principal communicates and expresses opinions to the supporter; and
(e)
ensure that all information collected on behalf of the principal pursuant to the 
supported decision-making agreement and this section is:
(i)
kept confidential, as appropriate;
(ii)
not subject to unauthorized access, use, or disclosure; and
(iii)
properly disposed of when appropriate.
(2)
Except as otherwise provided in the supported decision-making agreement or 
Subsection 
(3)
, a supporter may, as directed by the principal:
(a)
assist the principal in understanding information, options, responsibilities, and 
consequences of the principal's life decisions, including decisions relating to the 
principal's affairs or supportive services;
(b)
help the principal access, obtain, and understand information that is relevant to a life 
decision, including medical, psychological, financial, or educational decisions, or any 
treatment records or records related to the management of the principal's affairs or 
supportive services;
(c)
assist the principal with finding, obtaining, and making appointments for supportive 
services, and implement the principal's plans for supportive services;
(d)
help the principal monitor information about the principal's affairs or supportive 
services, including tracking future necessary or recommended services;
(e)
ascertain the wishes and decisions of the principal, assist in communicating those 
wishes and decisions to others, and advocate to ensure that the wishes and decisions 
of the principal are implemented; or
(f)
assist the principal with obtaining information to which the principal is entitled.
(3)
A supporter may not:
(a)
coerce, exploit, exert undue influence on, or make decisions on behalf of the 
principal;
(b)
sign for the principal or provide an electronic signature of the principal to a third 
party;
(c)
make health care decisions for the principal; or
(d)
without the principal's consent:
(i)
obtain information that is not reasonably related to matters with which the 
supporter is authorized to support or assist the principal pursuant to the supported 
decision-making agreement;
(ii)
use information acquired in connection with the supported decision-making 
agreement for a purpose other than supporting or assisting the principal pursuant 
to the supported decision-making agreement; or
(iii)
delegate the supporter's duties to a third party.
Section 13, Section 
75-5-706
 is enacted to read:
75-5-706
. Revocation -- Withdrawal.
(1)
A principal may revoke a supported decision-making agreement at any time by 
providing written notice to all other parties to the agreement.
(2)
A supporter may withdraw from a supported decision-making agreement at any time by 
providing written notice to all other parties to the agreement.
(3)
A written notice of revocation or withdrawal under this section may be provided by 
electronic means.
Section 14, Section 
75-5-707
 is enacted to read:
75-5-707
. Termination.
Unless otherwise provided in the supported decision-making agreement, a supported 
decision-making agreement is terminated upon the occurrence of any of the following:
(1)
the death of the principal;
(2)
revocation by the principal pursuant to Section 
75-5-706
;
(3)
as to a specific supporter, if the supporter is no longer qualified by reason of failure to 
meet the requirements described in Subsection 
75-5-701(14)
;
(4)
withdrawal by all of the supporters pursuant to Section 
75-5-706
 without the 
designation of a successor supporter;
(5)
the principal's execution of a valid power of attorney, healthcare directive, or 
declaration for mental health treatment, except to the extent the executed document 
expressly continues, in whole or in part, the supported decision-making agreement; or
(6)
a court's:
(a)
determination that the principal does not have capacity to execute or consent to a 
supported decision-making agreement; or
(b)
appointment of a temporary or permanent guardian or conservator, unless the court's 
order of appointment:
(i)
modifies but continues the supported decision-making agreement; and
(ii)
limits the powers and duties of the guardian.
Section 15, Section 
75-5-708
 is enacted to read:
75-5-708
. Impact of supported decision-making agreement.
(1)
A decision or request made or communicated by a principal with the assistance of a 
supporter in accordance with the terms of a supported decision-making agreement and 
this part shall, for the purposes of any provision of law, be recognized as the decision or 
request of the principal and may be enforced on the same basis as a decision or request 
of the principal without support.
(2)
The availability of a supported decision-making agreement does not limit the informal 
use of supported decision making, or preclude judicial consideration of informal 
supported decision-making arrangements as a less restrictive alternative to a 
guardianship or conservatorship.
(3)
Execution of a supported decision-making agreement may not be a condition of 
participating in any activity, service, or program.
(4)
A court may not consider an individual's execution of a supported decision-making 
agreement as evidence of the individual's incapacity.
(5)
The existence of a supported decision-making agreement does not preclude the principal 
from acting independently of the supported decision-making agreement.
Section 16, Section 
75-5-709
 is enacted to read:
75-5-709
. Liability.
(1)
A person who is not a party to a supported decision-making agreement, including a 
provider of health care or financial services, that in good faith accepts or relies upon a 
supported decision-making agreement:
(a)
may presume that the signatures on the supported decision-making agreement are 
genuine, unless the person has actual knowledge that any signature on the supported 
decision-making agreement is not genuine;
(b)
may presume that a supported decision-making agreement is valid and that a 
purported supporter's authority is valid, unless the person has actual knowledge that 
the supported decision-making agreement or the purported supporter's authority has 
been revoked, terminated, or is otherwise void or invalid; and
(c)
is not subject to civil or criminal liability, or discipline for unprofessional conduct, 
for giving effect to a provision in a supported decision-making agreement, or for 
following the direction of a supporter given in accordance with the supported 
decision-making agreement.
(2)
If a person has reason to believe a principal is or has been the subject of abuse, neglect, 
or exploitation, or observes a principal being subjected to conditions or circumstances 
that would reasonably result in abuse, neglect, or exploitation, the person shall 
immediately report the suspected abuse, neglect, or exploitation to Adult Protective 
Services.
(3)
The provisions of this part may not be construed to affect mandatory reporting 
obligations related to abuse, neglect, or exploitation.
(4)
A supporter who violates this part or the terms of a supported decision-making 
agreement is liable to the principal or the principal's successor in interest for the amount 
required to restore the value of the principal's property to what it would have been had 
the violation not occurred.
(5)
A transaction between a supporter and a principal that occurs while a supported 
decision-making agreement is in effect, or while the supporter is in a position of trust 
with the principal, and from which the supporter obtains a benefit or advantage, is 
voidable by the principal unless the supporter establishes that the transaction was fair to 
the principal.
Section 17. 
Effective date.
This bill takes effect on 
May 7, 2025
.
3-12-25 3:45 PM