Utah Code

Utah Code § 75-5-202 (2026)

Appointment of guardian of minor

✓ current as of May 2026

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The parent of a minor may appoint a guardian of an unemancipated minor by will, as provided in this section, or by other written instrument as provided in Section 75-5-202.5.

Subject to the rights of the minor and others under Section 75-5-203, an appointment by will or written instrument becomes effective upon filing the guardian's acceptance in the court in which the will is probated or the document is filed, if before acceptance, both parents are dead or the surviving parent is adjudged incapacitated.

If both parents are dead, an effective appointment by the parent who died later has priority.

This state recognizes a testamentary appointment effected by filing the guardian's acceptance under a will probated in another state which is the testator's domicile.

Upon acceptance of appointment, written notice of acceptance shall be given by the guardian to the minor and to the person having his care, or to his nearest adult relative.

Notes of Decisions

Cited in 3 cases, 1982–1993 · leading case: State v. Archuleta, 850 P.2d 1232 (Utah 1993).

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State v. Archuleta, 850 P.2d 1232 (Utah 1993). · cites it 2× “otion to suppress statements he made to police; (2) wrongfully dismissing a prospective juror for cause; (3) denying defendant’s motion in limine to exclude evidence of sodomy; (4) refusing to grant defendant’s motion for mistrial based on the admission of certain testimony at…”

In re J. P., 648 P.2d 1364 (Utah 1982). “75-2-103; (2) heirs’ right to sue for the wrongful death of an adult, § 78-11-7; (3) parental right to sue for the wrongful death, § 78-11-6, or (4) seduction of a minor child, § 78-11-5; (5) parental right to notice, if possible, of an abortion to be performed upon a minor…”

In Re Jp, 648 P.2d 1364 (Utah 1982). “75-2-103; (2) heirs' right to sue for the wrongful death of an adult, § 78-11-7; (3) parental right to sue for the wrongful death, § 78-11-6, or (4) seduction of a minor child, § 78-11-5; (5) parental right to notice, if possible, of an abortion to be performed upon a minor…”

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