General Provisions

Utah Code tit. 75, ch. 75-5, pt. 75-5-P1

in effect

Utah Code § 75-5-101.1 Definitions for chapter.

75-5-101.1. Definitions for chapter. As used in this chapter: (1) "Adult" means an individual who is 18 years old or older. (2) "Court visitor" means an individual who is trained in law, nursing, or social work and is an officer, employee, or special appointee of the court with no personal interest in the proceedings. (3) "Full guardianship" means a guardianship that grants a guardian all the powers available to the guardian under the law with respect to an individual who is incapacitated, including all the powers, duties, and rights that a parent has with respect to the parent's unemancipated minor child. (4) "Incapacitated" means the same as that term is defined in Section 75-1-201. (5) "Joint legal decision-making" means two individuals, regardless of whether the individuals are married, sharing legal decision-making and each individual's rights or responsibilities are not being superior to the other individual's rights, except with respect to specified decisions set forth by the court or the individuals in an order of appointment. (6) "Legal decision-making" means the legal right and responsibility to make all legal decisions for an individual who is incapacitated, including decisions regarding education, health care, religious training, and personal care decisions. (7) "Letters of guardianship" means a legal document that establishes a guardian's authority to make decisions for an individual. (8) "Limited guardianship" means, except as provided in Section 75-5-316, a guardianship that grants the guardian less than all powers available to the guardian under the law or otherwise restricts the powers of the guardian. (9) "Order of appointment" means an order from a court: (a) appointing a guardian for an individual who is incapacitated; and (b) describing the powers, duties, and responsibilities of the guardian. (10) "Specialized care professional" means an individual who is certified as a National Certified Guardian or National Master Guardian by the Center for Guardianship Certification or similar organization. (11) "Suitable institution" means any nonprofit or for profit corporation, partnership, sole proprietorship, or other type of business organization that is owned, operated by, or employs a specialized care professional. Enacted by Chapter 543, 2025 General Session

Utah Code § 75-5-101.5 Jurisdiction of subject matter -- Consolidation of proceedings.

75-5-101.5. Jurisdiction of subject matter -- Consolidation of proceedings. (1) A court has jurisdiction over protective proceedings and guardianship proceedings in accordance with Chapter 5b, Uniform and Adult Guardianship and Protective Proceedings Jurisdiction Act, and Title 78A, Judiciary and Judicial Administration. (2) When both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated. Renumbered and Amended by Chapter 543, 2025 General Session

Utah Code § 75-5-102 Facility of payment or delivery.

75-5-102. Facility of payment or delivery. (1) Any person under a duty to pay or deliver money or personal property to a minor may perform the duty to pay or deliver money or personal property, in amounts not exceeding $15,000 per annum, by paying or delivering the money or personal property to: (a) the minor if: (i) the minor is married; or (ii) payment to the minor is expressly authorized by statute; (b) any person having the care and custody of the minor with whom the minor resides; or (c) a guardian of the minor. (2) This section does not apply if the person making payment or delivery has actual knowledge that a conservator has been appointed or proceedings for appointment of a conservator of the estate of the minor are pending. (3) (a) Any person, other than the minor, receiving money or property for a minor: (i) is obligated to apply the money to the support and education of the minor; and (ii) may not pay oneself except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor's support. (b) Any excess sums of money under Subsection (3)(a) shall be preserved for future support of the minor. (c) Any balance of money that is not used and any property received for the minor must be turned over to the minor when the minor attains the age of 18. (4) (a) If any money under Subsection (1) is the result of a personal injury claim or wrongful death claim, the threshold amount of $15,000 per annum described in Subsection (1) shall be the amount payable to the minor after the payment of medical bills, attorney fees, and costs of litigation that were incurred by the claim. (b) Any person, other than the minor, receiving money under Subsection (4)(a) for a minor shall hold the money in a trust for the sole benefit of the minor. (c) Any money that is held in a trust for a minor under Subsection (4)(b) shall be turned over to the minor when the minor attains the age of 18. (d) Notwithstanding Subsection (4)(c), a parent or guardian of the minor may petition the court to request the disbursement of the money held in the trust for the minor under Subsection (4)(b) at any time before the minor is 18 years old. (5) Any person receiving money under this section on behalf of a minor shall have the power to settle and release in whole or in part the claims belonging to the minor giving rise to the duty to pay money to the minor. (6) Any person who pays or delivers in accordance with provisions of this section is not responsible for the proper application thereof. Amended by Chapter 61, 2021 General Session

Utah Code § 75-5-103 Delegation of powers by parent or guardian.

75-5-103. Delegation of powers by parent or guardian. A parent or a guardian of a minor or incapacitated person, by a properly-executed power of attorney, may delegate to another person, for a period not exceeding six months, any of the parent's or guardian's powers regarding care, custody, or property of the minor child or ward: (1) except the power to consent to: (a) marriage; or (b) adoption of a minor ward; and (2) subject to Section 53G-6-302, including making decisions related to schooling. Amended by Chapter 64, 2018 General Session

Utah Code § 75-5-104 Power of court to appoint guardian ad litem not affected.

75-5-104. Power of court to appoint guardian ad litem not affected. Nothing contained in this chapter affects or impairs the power of any court to appoint a guardian to represent the interests of any minor interested in any suit or matter pending before it. Enacted by Chapter 150, 1975 General Session

Utah Code § 75-5-105 Bond of guardian.

75-5-105. Bond of guardian. A guardian coming into the possession or control of funds or other property of a minor or incapacitated person may be required by the court to furnish a bond in an amount and under the conditions as set forth for conservators in Sections 75-5-411 and 75-5-412. Enacted by Chapter 150, 1975 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title75/Chapter5/75-5-P1.html?v=C75-5-P1_1800010118000101Fetched: 10/26/2026