Utah 2026 General Session Status: Enacted 2 R cosponsors

SB 161 — Evaluations in Guardianship Amendments

Last action — Governor Signed

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 19, 2026. Enacted.

Signed by Governor Spencer Cox (Republican) on March 23, 2026.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

184 added · 183 removed

Plain-language change summary

The recent changes to SB 161 allow court-appointed health care providers to interview individuals seeking to be guardians, which was not permitted before. However, the assessment made by the health care provider cannot rely primarily on the opinions of these individuals. This adjustment ensures that the evaluations of an individual's ability to serve as a guardian are based on a broader perspective, rather than being heavily influenced by the person's own views, which is important for safeguarding the interests of potentially incapacitated individuals.

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SB0161S01 compared with SB0161 {Omitted text} shows text that was in SB0161 but was omitted in SB0161S01 inserted text shows text that was not in SB0161 but was inserted into SB0161S01 DISCLAIMER:
Enrolled Copy S.B.
This document is provided to assist you in your comparison of the two bills.
161 Evaluations in Guardianship Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:
Sometimes this automated comparison will NOT be completely accurate.
Todd Weiler House Sponsor:
Therefore, you need to read the actual bills.
Melissa G.
This automatically generated document could contain inaccuracies caused by:
limitations of the compare program;
bad input data;
or other causes.
Evaluations in Guardianship Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:
Todd Weiler House Sponsor:Melissa G.
▸ clarifies that a person's rights under the Health Insurance Portability and Accountability Act of are not altered or abridged by Utah code provisions related to the rights of a person alleged to be incapacitated;
▸ clarifies that a person's rights under the Health Insurance Portability and Accountability Act of 1996 are not altered or abridged by Utah code provisions related to the rights of a person alleged to be incapacitated;
▸ provides that the court appointed health care {professional } provider may {not } interview the B person seeking to be appointed a guardian {or incorporate that individual's opinion in } ,1but may not 1 SB0161 compared with SB0161S01 base the health care provider's {report of the } assessmentsolely or predominately on that individual's opinion;
▸ provides that the court appointed health care provider may interview the person seeking to be appointed a guardian, but may not base the health care provider's assessment solely or predominately on that individual's opinion;
75-5-301.5 , as last amended by Laws of Utah 2025, Chapter 533 75-5-303 , as last amended by Laws of Utah 2025, Chapters 310, 338 and 533 Be it enacted by the Legislature of the state of Utah:
75-5-301.5, as last amended by Laws of Utah 2025, Chapter 533 S.B.
161 Enrolled Copy 75-5-303, as last amended by Laws of Utah 2025, Chapters 310, 338 and 533 Be it enacted by the Legislature of the state of Utah:
75-5-301.5.
75-5-301.5 .
- 2 - SB0161 compared with SB0161S01 (a) have counsel represent the incapacitated person at any time after the guardian is appointed;
(a) have counsel represent the incapacitated person at any time after the guardian is appointed;
(f) be granted the greatest degree of freedom possible that is consistent with the reasons for the guardianship;
(f) be granted the greatest degree of freedom possible that is consistent with the reasons - 2 - Enrolled Copy S.B.
161 for the guardianship;
- 3 - SB0161 compared with SB0161S01 (i) managing the incapacitated person's assets and property;
(i) managing the incapacitated person's assets and property;
(i) as expressed or demonstrated before a determination of capacity was made;
- 3 - S.B.
161 Enrolled Copy (i) as expressed or demonstrated before a determination of capacity was made;
(7) (a) The rights of an incapacitated person under this section do not abrogate any remedy provided by law.
(7)(a) The rights of an incapacitated person under this section do not abrogate any remedy provided by law.
- 4 - SB0161 compared with SB0161S01 (b) This section may not be interpreted in a way that would permit or justify any action that violates a provision in Sections 76-5-111 through 76-5-111.4 or Section 76-5-112.5.
(b) This section may not be interpreted in a way that would permit or justify any action that violates a provision in Sections 76-5-111 through 76-5-111.4 or Section 76-5-112.5.
75-5-303.
75-5-303 .
Procedure for court appointment of a guardian of an incapacitated person.
Procedure for court appointment of a guardian of an incapacitated - 4 - Enrolled Copy S.B.
161 person.
(2) (a) Upon the filing of a petition, the court shall set a date for hearing on the issues of incapacity.
(2)(a) Upon the filing of a petition, the court shall set a date for hearing on the issues of incapacity.
- 5 - SB0161 compared with SB0161S01 (4) (a) The court may appoint a health care provider, as that term is defined in Section 75A-3-101, who is qualified by training, education, and experience to examine the functional capabilities and limitations of the allegedly incapacitated person.
(4)(a) The court may appoint a health care provider, as that term is defined in Section 75A-3-101, who is qualified by training, education, and experience to examine the functional capabilities and limitations of the allegedly incapacitated person.
{(c) {An appointed health care provider may not:} } (c) (i) An appointed health care provider may interview the person seeking appointment as guardian {as part of the health care provider's assessment described in Subsection (4)(b);
- 5 - S.B.
or } .
161 Enrolled Copy (c)(i) An appointed health care provider may interview the person seeking appointment as guardian.
(ii) {incorporate into } The appointed health care provider may not base the appointed health care provider's {report } assessment described in Subsection (4)(b) solely or predominately on the opinion of the person seeking appointment as guardian {regarding the allegedly incapacitated person's functional capabilities and limitations described in Subsection (4)(b)} .
(ii) The appointed health care provider may not base the appointed health care provider's assessment described in Subsection (4)(b) solely or predominately on the opinion of the person seeking appointment as guardian.
(5) (a) The court may appoint a court visitor to:
(5)(a) The court may appoint a court visitor to:
(6) (a) The allegedly incapacitated person shall be present at the hearing and see or hear all evidence bearing upon the person's condition.
(6)(a) The allegedly incapacitated person shall be present at the hearing and see or hear all evidence bearing upon the person's condition.
- 6 - SB0161 compared with SB0161S01 (b) The court may only waive the presence of the allegedly incapacitated person if all of the following criteria are met:
(b) The court may only waive the presence of the allegedly incapacitated person if all of the following criteria are met:
(i) the allegedly incapacitated person is the biological or adopted child of the petitioner;
(i) the allegedly incapacitated person is the biological or adopted child of the - 6 - Enrolled Copy S.B.
161 petitioner;
- 7 - SB0161 compared with SB0161S01 Section 3.
Section 3.
Effective date.
2-26-26 1:10 PM - 8 -
- 7 -
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View plain text versions (4)

How this bill changes current law

4 changes Share ↗

Compared against the Utah Code as published AI-generated reading aid — verify against the official bill.

The bill clarifies various procedural aspects and rights related to guardianship proceedings without altering existing rights.

  • 75-5-301.5

    Nothing in this section shall be construed to alter or preempt the requirements for protecting health information under the Healt → Nothing in this section shall be construed to alter or preempt the requirements for protecting health information under the Health Insurance Portability and Accountability Act of 1996, 50 Pub. L. No. 104-191, 110 Stat. 1936, as amended.

    Establishes that the Health Insurance Portability and Accountability Act's requirements are not affected by this section.

  • 75-5-303

    An appointed health care provider shall submit to the court a report assessing, within the scope of the health care provider's license and experience, using evidence-based screening tools appropriate for the assessment, the functional capabilities and limitations of the allegedly incapacitated person → An appointed health care provider shall file with the court a report assessing, within the scope of the health care provider's license and experience, using evidence-based screening tools appropriate for the assessment, the functional capabilities and limitations of the allegedly incapacitated person

    Changes the terminology from 'submit' to 'file' for clarity in procedural reporting.

  • 75-5-303

    may not base the appointed health care provider's assessment described in Subsection (4)(b) solely or predominately on the opinion of the person seeking appointment as guardian. → may not base the appointed health care provider's assessment described in Subsection (4)(b) solely or predominately on that individual's opinion.

    Clarifies that the health care provider's assessment must be independent of the opinion of the guardian applicant.

  • 75-5-303

    The court may appoint a court visitor to: interview the person seeking appointment as guardian; visit the present place of abode of the allegedly incapacitated person and the place it is proposed that the allegedly incapacitated person will be detained or reside if the requested appointment is made; or conduct other investigations or observations as directed by the court. → The court may appoint a court visitor to: interview the person seeking appointment as guardian; visit the present place of abode of the allegedly incapacitated person and the place it is proposed that the allegedly incapacitated person will be detained or reside if the requested appointment is made; or conduct other investigations or observations as directed by the court. The court visitor shall file a written report with the court.

    Ensures that court visitors must also file a written report with the court.

Action History

  1. Governor Signed

  2. Senate/ to Governor

  3. Senate/ received enrolled bill from Printing

  4. Senate/ enrolled bill to Printing

  5. Enrolled Bill Returned to House or Senate

  6. Draft of Enrolled Bill Prepared

  7. Bill Received from Senate for Enrolling

  8. Senate/ signed by President/ sent for enrolling

  9. Senate/ received from House

  10. House/ to Senate

  11. House/ signed by Speaker/ returned to Senate

  12. House/ received from Senate

  13. Senate/ to House

  14. Senate/ concurs with House amendment

  15. Senate/ placed on Concurrence Calendar

  16. Senate/ received from House

  17. LFA/ fiscal note publicly available for SB0161S01

  18. LFA/ fiscal note sent to sponsor for SB0161S01

  19. House/ to Senate

  20. House/ passed 3rd reading

  21. House/ substituted

  22. House/ motion to reconsider

  23. House/ passed 3rd reading

  24. House/ 3rd reading

  25. LFA/ bill sent to agencies for fiscal input for SB0161S01

  26. LFA/ bill assigned to staff for fiscal analysis for SB0161S01

  27. House/ 2nd reading

  28. House/ committee report favorable [House Judiciary Committee]

  29. House Comm - Favorable Recommendation [House Judiciary Committee]

  30. House/ to standing committee [House Judiciary Committee]

  31. House/ 1st reading (Introduced)

  32. House/ received from Senate

  33. Senate/ to House

  34. Senate/ passed 3rd reading

  35. Senate/ uncircled

  36. Senate/ circled

  37. Senate/ 3rd reading

  38. Senate/ passed 2nd reading

  39. Senate/ 2nd reading

  40. Senate/ placed on 2nd Reading Calendar

  41. Senate/ committee report favorable [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]

  42. Senate Comm - Favorable Recommendation [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]

  43. Senate/ received fiscal note from Fiscal Analyst

  44. LFA/ fiscal note publicly available for SB0161

  45. LFA/ fiscal note sent to sponsor for SB0161

  46. Senate/ to standing committee [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]

  47. Senate/ 1st reading (Introduced)

  48. Senate/ received bill from Legislative Research

  49. LFA/ bill sent to agencies for fiscal input for SB0161

  50. LFA/ bill assigned to staff for fiscal analysis for SB0161

  51. Numbered Bill Publicly Distributed

  52. Bill Numbered but not Distributed

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 102 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (102)

102 members have not signed on to this bill.

Show all 102 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 161?
SB 161 is sponsored by Melissa G. Ballard (Republican) and Todd Weiler (Republican).
What is the current status of SB 161?
This bill has been enacted into law. Introduced January 19, 2026. Enacted.
Where can I track SB 161?
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