Utah Code
Utah Code § 75-5-207 (2026)
Court appointment of guardian of minor -- Procedure
✓ current as of May 2026
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Notice of the time and place of hearing of a petition for the appointment of a guardian of a minor is to be given by the petitioner in the manner prescribed by Section 75-1-401 to:
the minor, if the minor is 14 years old or older;
the person who has had the principal care and custody of the minor during the 60 days preceding the date of the petition;
any living parent of the minor;
any guardian appointed by the will or written instrument of the parent of the minor who died last; and
the school district in which the petitioner resides and a representative of the school district may participate in the hearing.
After a hearing, a court may appoint a guardian if the court finds by preponderance of the evidence that:
a qualified person seeks appointment;
venue is proper;
the required notices have been given;
the welfare and best interests of the minor will be served by the requested appointment.
In other cases the court may dismiss the proceedings or make any other disposition of the matter that will best serve the interest of the minor.
If necessary, the court may appoint a temporary guardian, with the status of an ordinary guardian of a minor.
The authority of a temporary guardian may not last longer than six months.
If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is 14 years old or older.
Notes of Decisions
Cited in 3
cases, 2003–2012 · leading case: T.D.G. v. L.R., 293 P.3d 276 (Utah 2012).
T.D.G. v. L.R., 293 P.3d 276 (Utah 2012). “In his supporting memorandum, he argued that the Guardianship Appointment should be vacated because he had not received notice of the Guardianship Petition as required under section 75-5-207 of the Utah Code (Court Appointment Statute).”
D.K.S. v. C.S., 63 P.3d 1284 (Utah Ct. App. 2003). “§ 75-5-207(2). ¶ 10 In this matter, Grandparents were appointed as guardians by the court.”
In Re Vks, 2003 UT App 13 (Utah Ct. App. 2003). “§ 75-5-207(2). ¶ 10 In this matter, Grandparents were appointed as guardians by the court.”
— Utah Code § 75-5-207(1)(b) — 1 case
T.D.G. v. L.R., 293 P.3d 276 (Utah 2012). “In his supporting memorandum, he argued that the Guardianship Appointment should be vacated because he had not received notice of the Guardianship Petition as required under section 75-5-207 of the Utah Code (Court Appointment Statute).”
— Utah Code § 75-5-207(2) — 2 cases
D.K.S. v. C.S., 63 P.3d 1284 (Utah Ct. App. 2003). “§ 75-5-207(2). ¶ 10 In this matter, Grandparents were appointed as guardians by the court.”
In Re Vks, 2003 UT App 13 (Utah Ct. App. 2003). “§ 75-5-207(2). ¶ 10 In this matter, Grandparents were appointed as guardians by the court.”
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