Rights of Incapacitated Persons
Under Utah law, all adults are presumed to be able to make their own decisions, unless and until a court determines otherwise. In addition, persons who may be placed under guardianship have certain due process rights, including the right to a trial to determine if guardianship is necessary and the right to have a lawyer represent them in guardianship proceedings. The court may not appoint a guardian for a person unless it finds clear and convincing evidence that the person is incapacitated and in need of guardianship.Even after a guardian has been appointed for a person, the person still retains a number of rights. These rights include the right to make certain personal choices, the right to challenge a guardianship and the right to not be sterilized. These rights may not be denied except in limited circumstances.
