Guardianship Modifications

SB 167 amends Utah's guardianship law to require courts to address voting rights for incapacitated individuals. For new guardianship cases starting May 7, 2025, courts must determine (using clear and convincing evidence) if the person is "mentally incompetent" under Utah Constitution Article IV, Section 6, which restricts voting or holding office. For existing guardianships appointed before that date, the bill creates a presumption that the person cannot vote until the court makes a specific finding. This affects individuals under guardianship who may have voting rights under state law. The bill takes effect May 7, 2025, and makes no changes to voting eligibility rules - only clarifies court procedures for addressing them.