TITLE 15

UNIFORM PROBATE CODE

CHAPTER 5

PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY [EFFECTIVE UNTIL JANUARY 1, 2027] UNIFORM GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE ARRANGEMENTS ACT [EFFECTIVE JANUARY 1, 2027]

PART 2

GUARDIANS OF MINORS [EFFECTIVE UNTIL JANUARY 1, 2027] GUARDIANSHIP OF MINOR [EFFECTIVE JANUARY 1, 2027]

15-5-210.  Termination of appointment of guardian — General. [effective until January 1, 2027] A guardian’s authority and responsibility terminates upon the death, resignation or removal of the guardian, termination of the guardianship or upon the minor’s death, adoption, marriage or attainment of majority, but termination does not affect his liability for prior acts, nor his obligation to account for funds and assets of his ward. Resignation of a guardian without the appointment of a successor guardian does not terminate the guardianship until it has been approved by the court. A testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding.

15-5-210.  POWERS OF GUARDIAN FOR MINOR. [effective January 1, 2027] (1) Except as otherwise limited by court order, a guardian of a minor has the powers a parent otherwise would have regarding the minor’s support, care, education, health, safety, visitation, and welfare.

(2)  Except as otherwise limited by court order, a guardian for a minor may:

(a)  Apply for and receive funds and benefits otherwise payable for the support of the minor to the minor’s parent, guardian, or custodian under a statutory system of benefits or insurance or any private contract, devise, trust, conservatorship, or custodianship;

(b)  Unless inconsistent with a court order entitled to recognition in this state, take custody of the minor and establish the minor’s place of dwelling and, on authorization of the court, establish or move the minor’s dwelling outside this state;

(c)  If the minor is not subject to conservatorship, commence a proceeding, including an administrative proceeding, or take other appropriate action to compel a person to support the minor or make a payment for the benefit of the minor;

(d)  Consent to health or other care, treatment, or service for the minor; or

(e)  To the extent reasonable, delegate to the minor responsibility for a decision affecting the minor’s well-being.

(3)  The court may authorize a guardian for a minor to consent to the adoption of the minor if the minor does not have a parent.

(4)  A guardian for a minor may consent to the marriage of the minor if authorized by the court.

History:

[15-5-210, added 1971, ch. 111, sec. 1, p. 233; am. 2016, ch. 148, sec. 1, p. 416; repealed and added 2026, ch. 79, sec. 4, p. 347.]