The Utah House Judiciary Committee has approved a measure that would alter the current laws concerning legal representation in guardianship proceedings. The proposed change would allow the parents of a disabled adult to seek guardianship rights for their child without needing legal representation for the proposed ward. The sponsor of the legislation stated that it presumes a “loving relationship” between family parent and child which the reviewing court can take into account when ruling. However, critics of the change argue that the constitutional rights of a person fully vest at age 18 and to deprive them of representation could infringe on those rights. In addition, the opposition states that there are a number of low cost or free legal aid societies that can assist in guardianship cases. The change will now be debated by the entire chamber before moving to the Senate if it passes.
See Marjorie Cortez, Bill to alter state’s guardianship laws moves to House on 6-5 vote, Deseret News, February 11, 2016.
Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.
