HB 334: Guardianships and Supported Decision-Making Agreements Amendments - Utah

Amended 2/20/2025 11:02:261 → Substitute #1 · 9 edits

MAJOR

This bill replaces the original version of HB 334 to expand its scope from primarily guardianship and supported decision-making agreements to include significant mental health and competency evaluation reforms. The new version adds provisions for involuntary civil commitment standards, telehealth examinations, and competency evaluations for defendants and minors, while retaining the original bill's supported decision-making framework.

Scope change

The bill's scope expanded from guardianship and supported decision-making agreements to include mental health authority rights, involuntary commitment procedures, and competency evaluation processes for criminal defendants and minors.

SCOPE

Added mental health provisions including rights of patients under local mental health authority custody, requirements to document limitations on patient rights, and telehealth examination standards.

REQUIREMENT

Added requirement that courts hold involuntary commitment hearings remotely unless good cause exists to hold them in person.

Added provision that courts may only order competency evaluations for defendants or minors if they are located within Utah state boundaries.

Added requirement that courts dismiss involuntary commitment petitions if both designated examiners determine the proposed patient does not meet commitment criteria.

Added provision that when forensic evaluators disagree, the party seeking additional competency evaluation must select and pay for the evaluator.

Added requirement for updated juvenile competency evaluations after extended attainment periods.

DEFINITION

Modified highlighted provisions to include intellectual disability and intermediate care facility definitions as new focus areas.

ENFORCEMENT

Added requirement that courts dismiss involuntary commitment petitions when both designated examiners find the person does not meet commitment criteria.

TECHNICAL

Changed bill title from 'Guardianships and Supported Decision-Making Agreements Amendments' to 'Capacity and Disability Amendments' to reflect expanded scope.

Amended Excerpts 2/20/2025 11:02:261 → Amended 2/20/2025 11:02:261 · 5 edits

MODERATE

This bill amends Utah's guardianship and supported decision-making laws to clarify definitions, remove outdated provisions about when legal counsel is required, and establish new requirements for supported decision-making agreements. The changes modernize how individuals with decision-making limitations can receive support while maintaining their rights.

Scope change

The bill expands the scope to include formalized supported decision-making agreements as an alternative to guardianship, while clarifying existing guardianship procedures and definitions.

DEFINITION

Updated definitions of 'guardian' and 'trust business' to clarify what roles and activities are included or excluded from fiduciary responsibilities.

REQUIREMENT

Deleted provisions that specified when legal counsel is not required for allegedly incapacitated persons, removing outdated statutory language.

Added new requirements and principles governing supported decision-making agreements, including how they interact with other laws and protections for good faith reliance.

ELIGIBILITY

Modified eligibility criteria for guardianship appointments and clarified the rights of individuals under court-ordered guardianships.

TIMELINE

Established that certain guardianship provisions apply to guardianships granted on or after May 7, 2025.

Enrolled → Amended Excerpts 2/20/2025 11:02:261 · 7 edits

MODERATE

This bill amends Utah's guardianship and supported decision-making laws to strengthen protections for individuals with disabilities. Key changes include clarifying when legal counsel is required for guardianship proceedings, updating the definition of 'guardian' to include specific powers, and establishing new rights for incapacitated persons to participate in care planning. The bill also creates a new framework for supported decision-making agreements, allowing individuals to retain decision-making autonomy with support rather than losing rights through guardianship.

Scope change

The bill expands the scope of supported decision-making agreements and modifies guardianship procedures to prioritize individual autonomy. It applies to all guardianships granted on or after May 7, 2025, and establishes new requirements for supported decision-making agreements.

REQUIREMENT

Modified the definition of 'guardian' to explicitly include powers described in Section 75-5-312(1)(c)(i) unless limited by court order, clarifying the scope of guardian authority.

Modified rights for incapacitated persons to include participation in developing individualized care plans and maintaining independence to the greatest extent possible.

Added new requirements for supported decision-making agreements including written documentation, signatures, witness/notary requirements, and provisions for conflict of interest mitigation.

DEFINITION

Added new definitions for supported decision-making concepts including 'principal,' 'supporter,' 'supported decision-making agreement,' and related terms.

ENFORCEMENT

Added liability provisions for supporters who violate the agreement or terms, requiring restoration of principal's property value if violations occur.

TIMELINE

Modified effective date provisions to apply new rights to guardianships granted on or after May 7, 2025, while maintaining existing rights for earlier appointments.

ELIGIBILITY

Modified counsel requirements for guardianship proceedings, specifying when counsel is not required based on relationship to petitioner and estate value.

Introduced → Enrolled · 6 edits · Mar 27, 2025

MODERATE

This bill updates Utah's guardianship and supported decision-making laws to better protect the rights of individuals with disabilities. It expands the rights of incapacitated persons during guardianship proceedings, clarifies when legal counsel is required, and establishes a new legal framework for supported decision-making agreements that allow individuals to make their own decisions with support from trusted supporters rather than having a guardian make decisions for them.

Scope change

The bill expands protections for individuals under guardianship and creates a new legal pathway for supported decision-making agreements, which allow adults with disabilities to retain decision-making authority while receiving assistance from supporters.

ELIGIBILITY

Expanded rights for incapacitated persons to receive counsel at any time after guardianship appointment, not just before the proceeding, and to participate in developing their care plan.

REQUIREMENT

Repealed a provision that allowed courts to not require counsel for allegedly incapacitated persons when certain criteria were met, ensuring legal representation is available to protect individual rights.

DEFINITION

Created new definitions and requirements for supported decision-making agreements, including who can be a supporter, how agreements must be written, and the duties of supporters.

ENFORCEMENT

Established liability for supporters who violate the agreement or terms, and protections for third parties who act in good faith based on the agreement.

TIMELINE

Set the effective date of the new provisions as May 7, 2025.

TECHNICAL

Made technical and conforming changes to existing statutes to align with the new provisions and clarify definitions.

Guardianships and Supported Decision-Making Agreements Amendments

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