Bill > SB0199

This bill establishes a comprehensive legal framework for guardianship specifically for adults with severe intellectual disabilities, providing detailed definitions, procedural guidelines, and protections for individuals who cannot make decisions for themselves. The bill defines a "severe intellectual disability" as a lifelong condition that renders an adult incapable of managing their own affairs, with a diagnosis that has existed since childhood. It outlines a structured process for establishing guardianship, including requirements for petitions, court proceedings, and notification of interested parties. The bill prioritizes appointing guardians from the individual's family (parents, siblings, grandparents) and emphasizes that guardians must encourage the individual's self-determination to the extent possible. Key provisions include mandatory legal representation for the individual, court oversight of guardian actions, and specific duties for guardians, such as making healthcare decisions, managing finances, and protecting the individual's rights. The bill also establishes detailed reporting requirements for guardians, including annual accountings of the individual's status and estate, and provides mechanisms for removing guardians who fail to perform their duties appropriately. Importantly, the bill seeks to balance the need for protection with respect for the individual's autonomy, ensuring that guardianship is not imposed arbitrarily and that the individual's preferences are considered whenever possible.

Justice

https://le.utah.gov/~2025/bills/static/SB0199.html