(1) Unless the court finds there is good cause that the person should not serve as guardian, the court shall appoint a guardian for an individual with a severe intellectual disability in the following order of priority:
- (a) a parent of the individual with a severe intellectual disability;
- (b) an adult sibling of the individual with a severe intellectual disability;
- (c) a grandparent of the individual with a severe intellectual disability;
- (d) an adult relative of the individual with a severe intellectual disability if the individual has resided with the relative for more than 180 days before the day on which the petition was filed;
- (e) one of the closest adult relatives of the individual if any can be found;
(f) a specialized care professional, so long as the specialized care professional does not:
- (i) profit financially or otherwise from or receive compensation for acting in that capacity, except for the direct costs of providing guardianship or conservatorship services; or
- (ii) otherwise have a conflict of interest in providing those services;
- (g) a competent person or suitable institution; or
- (h) the Office of Public Guardian described in Title 26B, Chapter 6, Part 3, Office of Public Guardian.
- (2) The court may appoint more than one person as guardian for the individual with a severe intellectual disability.
(3) If the court appoints coguardians for an individual with a severe intellectual disability:
- (a) the coguardians shall share legal decision-making for the individual with a severe intellectual disability; and
- (b) each coguardian's rights and responsibilities are not superior to the other coguardian's rights and responsibilities unless the court designates that a coguardian's rights and responsibilities are superior.
Enacted by Chapter 543, 2025 General Session