SB 199 revises Utah’s guardianship code and creates a new, separate guardianship process for adults with a severe intellectual disability. The bill defines key terms, clarifies court jurisdiction, and establishes detailed procedures for petitions, venue, notice, hearings, counsel, medical or court-visitor evaluations, emergency and temporary guardians, and appointment orders. It also sets out a preference for full guardianship in these cases, while preserving limited guardianship as an option if the court orders it.
The bill gives adults identified as having a severe intellectual disability specific procedural and substantive rights, including the right to counsel, notice of filings, participation in hearings, and access to court information. It also spells out the powers and duties of guardians in full guardianships, including authority over medical care, residence, finances, and reporting obligations, along with rules for coguardians, guardian removal, resignation, and termination of the guardianship. The bill repeals the existing visitor statute and makes technical and conforming changes to align the guardianship chapter with the new framework.
SB 199 substantially amends Title 75, Chapter 5 of the Utah Code by adding a new Part 6 specifically for guardianships involving adults with severe intellectual disabilities and by revising existing provisions on guardian priority and guardianships for minors transitioning to adulthood. It changes court procedures, notice requirements, attorney appointment rules, and reporting obligations, and it creates new statutory rights and duties for guardians, respondents, and interested persons. The bill also repeals Section 75-5-308 and takes effect May 7, 2025.
The bill appears to have broad legislative support. It passed Senate committee and floor votes with strong margins and passed the House unanimously on third reading, suggesting general agreement with the need to modernize and clarify guardianship procedures for this population. The vote history indicates only limited opposition in the Senate, with no recorded dissent in the House final vote.
The main policy tension in the bill is between protecting adults with severe intellectual disabilities through a structured guardianship system and preserving due process, autonomy, and family involvement. The bill’s preference for full guardianship, its ability to restrict association and manage finances, and its streamlined procedures for emergency or temporary guardianship could raise concerns about overreach or reduced independence. At the same time, the bill adds safeguards such as counsel, notice, hearings, and reporting requirements, which likely address concerns from disability-rights advocates, courts, and families about fairness and abuse prevention.