SB0161S01Enrolled comparedCopy withS.B. 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:

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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 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 guardianguardian, {orbut incorporate that individual's opinion in } ,1but may not 1 SB0161 compared with SB0161S01 base the health care provider's {reportassessment ofsolely the } assessmentsolely or predominately on that individual's opinion;

75-5-301.575-5-301.5, , as last amended by Laws of Utah 2025, Chapter 533 75-5-303S.B. , as last amended by Laws of Utah 2025, Chapters 310, 338 and 533 Be it enacted by the Legislature of the state of Utah:

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;

(f) be granted the greatest degree of freedom possible that is consistent with the reasons for- the2 guardianship;- Enrolled Copy S.B.

161 for the guardianship;

- 3 - SB0161 compared with SB0161S01 (i) managing the incapacitated person's assets and property;

(i)- as3 expressed- orS.B. demonstrated before a determination of capacity was made;

161 Enrolled Copy (i) as expressed or demonstrated before a determination of capacity was made;

(7)(7)(a) (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.

75-5-303.75-5-303 .

Procedure for court appointment of a guardian of an incapacitated person.- 4 - Enrolled Copy S.B.

161 person.

(2)(2)(a) (a) Upon the filing of a petition, the court shall set a date for hearing on the issues of incapacity.

-(4)(a) 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.

{(c)- {An5 appointed- healthS.B. 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);

or161 }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 guardianguardian. {regarding the allegedly incapacitated person's functional capabilities and limitations described in Subsection (4)(b)} .

(5)(5)(a) (a) The court may appoint a court visitor to:

(6)(6)(a) (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:

(i) the allegedly incapacitated person is the biological or adopted child of the petitioner;- 6 - Enrolled Copy S.B.

161 petitioner;

- 7 - SB0161 compared with SB0161S01 Section 3.

Effective date.

2-26-26 1:10 PM - 87 -