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UT HB0334

Guardianships and Supported Decision-Making Agreements Amendments


summary

Introduced
01/27/2025
In Committee
03/05/2025
Crossed Over
02/20/2025
Passed
03/13/2025
Dead
Signed/Enacted/Adopted
03/27/2025

Introduced Session

2025 General Session

Bill Summary

General Description: This bill addresses guardianships and supported decision-making agreements.

AI Summary

This bill introduces comprehensive amendments to Utah's guardianship laws and establishes a new legal framework for supported decision-making agreements, primarily aimed at protecting the rights and autonomy of individuals with disabilities. The bill makes significant changes to existing statutes by defining supported decision-making as a process that helps individuals with disabilities make life decisions while maintaining their self-determination, without impeding their independence. The new legal provisions define key terms such as "principal" (the person with a disability), "supporter" (an individual who assists the principal), and establish detailed requirements for creating and maintaining supported decision-making agreements. These agreements allow individuals with disabilities to receive assistance in understanding information, accessing records, and communicating decisions, while explicitly prohibiting supporters from making decisions on behalf of the principal or coercing them. The bill also modifies existing guardianship procedures to enhance protections for allegedly incapacitated persons, such as requiring court visitors to investigate proposed guardianships, ensuring the presence of the allegedly incapacitated person during hearings, and expanding the rights of individuals under guardianship to participate in decisions about their own lives. Additionally, the bill includes provisions for revoking or terminating supported decision-making agreements and establishes liability protections for third parties who rely on these agreements in good faith.

Committee Categories

Agriculture and Natural Resources, Justice

Sponsors (2)

Last Action

Governor Signed in Lieutenant Governor's office for filing (on 03/27/2025)

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