SB 199 Utah Senate · 2025 General Session

Guardianship Amendments

SB 199 updates Utah's guardianship laws specifically for individuals with severe intellectual disabilities. It defines key terms, clarifies which court handles these cases, and creates a new process requiring in-person hearings, court-appointed attorneys, medical evaluations, and temporary guardianship during proceedings. The bill mandates that courts prefer full guardianship (granting broad decision-making authority) for these individuals and requires specific provisions in court orders. It also outlines guardian duties, removal procedures, and termination rules, while adding new rights for the individual under full guardianship. The law affects vulnerable adults, their families, and courts managing these cases, with no new funding required.

Bill status signed all 5 stages cleared

Introduction

Jan 2025

Committee Review

Feb 2025

Senate Passage

Mar 2025

House Passage

Mar 2025

Signed into Law

Mar 2025

Introduced Jan 31, 2025 Signed Mar 27, 2025

Maddy AI version diff · 2 comparisons

What changed between versions

Substitute #1 → Enrolled · 7 edits · Mar 27, 2025

MODERATE

This bill establishes a specialized guardianship process for adults with severe intellectual disabilities in Utah, prioritizing full guardianship to ensure comprehensive care. It creates new definitions for terms like 'severe intellectual disability' and 'specialized care professional,' mandates court-appointed attorneys for respondents unless specific exceptions apply, and sets strict requirements for petitions, hearings, and annual reporting. The legislation also defines priority lists for who can serve as a guardian, favoring family members and specialized professionals, and outlines specific duties for guardians to encourage the individual's self-determination while protecting their welfare.

Scope change

The bill creates a new, distinct legal framework (Sections 601-613) specifically for adults with severe intellectual disabilities, which operates alongside but separate from the general guardianship rules for other incapacitated adults. It applies only when a physician or psychologist certifies the adult has a severe intellectual disability.

DEFINITION

Added new definitions for 'severe intellectual disability,' 'specialized care professional,' and 'suitable institution' to clarify who qualifies for this specific legal pathway.

REQUIREMENT

Mandated that courts appoint an attorney to represent the respondent (the person being evaluated) in guardianship proceedings unless the respondent is a close relative of the petitioner, has a very small estate, or appears in court with the petitioner.

Required courts to hold hearings remotely by default for individuals with severe intellectual disabilities, unless there is good cause to hold them in person.

Established a specific priority list for appointing guardians for individuals with severe intellectual disabilities, prioritizing parents, siblings, grandparents, and specialized care professionals.

ENFORCEMENT

Created specific duties for guardians of individuals with severe intellectual disabilities, including requirements to encourage the individual's participation in decisions and to provide annual status reports to the court.

TIMELINE

Set the effective date of the bill to May 7, 2025.

TECHNICAL

Removed formatting artifacts and redundant text from the Long Title section that appeared in the previous version.

Introduced → Substitute #1 · 7 edits

MODERATE

This bill updates Utah's guardianship laws to specifically address individuals with severe intellectual disabilities, ensuring they receive full guardianship unless a limited arrangement is better suited. Key changes include mandating remote hearings by default (with exceptions), requiring courts to appoint attorneys for respondents unless specific family or financial exemptions apply, and expanding a guardian's authority to restrict access to pornography. The bill also clarifies priority lists for who can be appointed as a guardian and adjusts court fee structures.

Scope change

The bill creates a new, specialized procedural track for adults with severe intellectual disabilities, distinguishing them from other incapacitated individuals by requiring full guardianship as the default and applying specific protections and duties.

REQUIREMENT

Changed the default hearing method from 'remote unless requested' to 'remote unless the court finds good cause not to,' prioritizing virtual proceedings.

Expanded the requirement for courts to appoint attorneys for respondents in guardianship cases, adding a clause to ensure the court is satisfied counsel is necessary to protect the respondent's interests.

Increased the threshold for filing a full accounting report from $50,000 to $75,000 for estates of individuals with severe intellectual disabilities.

DEFINITION

Added specific definitions for 'individual with a severe intellectual disability' and 'specialized care professional' to clarify eligibility and roles.

ENFORCEMENT

Granted guardians new authority to restrict an individual from consuming pornography, in addition to drugs, alcohol, and tobacco.

ELIGIBILITY

Adjusted the priority list for appointing guardians to favor parents and siblings over grandparents and other relatives for individuals with severe intellectual disabilities.

TECHNICAL

Corrected the House Sponsor name from 'LONG TITLE' to 'Steve Eliason' and updated the repealer section to remove a stray title.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 27, 2025

Signed into law

Governor Signed

executive

Mar 7, 2025

Legislature · Passed

Senate/ signed by President/ sent for enrolling

legislature

Mar 7, 2025

Upper · Passed

House/ signed by Speaker/ returned to Senate

upper

Mar 7, 2025

Lower · Passed

House/ passed 3rd reading

lower

Feb 28, 2025

Lower · Passed

House/ committee report favorable

lower

Feb 28, 2025

Lower · Passed

House Comm - Favorable Recommendation

lower

Feb 26, 2025

Committee

House/ to standing committee

lower

Feb 24, 2025

Introduced

House/ 1st reading (Introduced)

lower

Feb 24, 2025

Lower · Passed

Senate/ passed 3rd reading

lower

Feb 13, 2025

Upper · Passed

Senate Comm - Favorable Recommendation

upper

Feb 3, 2025

Committee

Senate/ to standing committee

upper

Jan 31, 2025

Introduced

Senate/ 1st reading (Introduced)

upper

1 primary · 1 co-sponsor