Utah Code

Utah Code § 75-5-204 (2026)

Court appointment of guardian of minor -- Conditions for appointment

✓ current as of May 2026

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In accordance with Subsection (2), the court may appoint a guardian for an unemancipated minor if:

each parent of the minor acknowledges that the parent understands the legal effect of the guardianship and consents;

all parental rights have been terminated; or

each parent is unwilling or unable to exercise the parent's parental rights for any reason, including a court order suspending the parent's parental rights.

A guardian appointed by will under Section 75-5-202, or by written instrument under Section 75-5-202.5, whose appointment has not been prevented or nullified under Section 75-5-203 has priority over any court appointed guardian.

Notwithstanding Subsection (2)(a), the court may proceed with a court appointment upon a finding that the testamentary or instrumental guardian has failed to accept the testamentary appointment within 30 days after notice of the guardianship proceeding.

Notes of Decisions

Cited in 7 cases, 1991–2003 · leading case: Jensen v. Bowcut, 892 P.2d 1053 (Utah Ct. App. 1995).

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Jensen v. Bowcut, 892 P.2d 1053 (Utah Ct. App. 1995). · cites it 4× “Utah Code Ann. § 75-5-204 (1993) states, in pertinent part: The court may appoint a guardian for an unemancipated minor if all parental rights of custody have been terminated or sus *1056 pended by circumstances or prior court order.”

Nielson v. Nielson, 826 P.2d 1065 (Utah Ct. App. 1991). · cites it 2× “of their minor children_” Although section 75-13-18 has been repealed, Utah Code Ann. § 75-5-204 (Supp.1991) indicates that parental rights must be terminated or suspended before the court may appoint a guardian for an unemancipated minor.”

D.K.S. v. C.S., 63 P.3d 1284 (Utah Ct. App. 2003). “§ 75-5-204 (1993) (emphasis added). Second, a court may only appoint, as guardian, a person in the “best interest of the minor.”

Moreno v. Bd. of Educ. of the Jordan Sch. Dist., 926 P.2d 886 (Utah 1996). · cites it 2× “” Utah Code Ann. § 75-5-204 (emphasis added).”

In Re Vks, 2003 UT App 13 (Utah Ct. App. 2003). “§ 75-5-204 (1993) (emphasis added). Second, a court may only appoint, as guardian, a person in the "best interest of the minor.”

Nielson v. Nielson, 818 P.2d 1043 (Utah Ct. App. 1991). · cites it 2× “of their minor children_” Although section 75-13-18 has been repealed, Utah Code Ann. § 75-5-204 (Supp.1991) indicates that parental rights must be terminated or suspended before the court may appoint a guardian for an unemancipated minor.”

Moreno v. Bd. of Educ. of Jordan Sch., 926 P.2d 886 (Utah 1996). · cites it 2× “" Utah Code Ann. § 75-5-204 (emphasis added).”

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