SB 161 Utah Senate · 2026 General Session

Evaluations in Guardianship Amendments

SB 161 amends Utah's guardianship laws to clarify rights for individuals alleged to be incapacitated and update procedures for court-appointed health care assessments. The bill ensures that Health Insurance Portability and Accountability Act (HIPAA) rights are preserved and sets new standards for health care providers conducting assessments, including requiring their reports to be filed with the court. It also prohibits health care providers from interviewing the person seeking guardianship or including their opinions in assessment reports. These changes apply to guardianships granted on or after May 7, 2025.

Issues: ✓ Healthcare

Bill status signed all 5 stages cleared

Introduction

Jan 2026

Committee Review

Feb 2026

Senate Passage

Mar 2026

House Passage

Feb 2026

Signed into Law

Mar 2026

Introduced Jan 20, 2026 Signed Mar 23, 2026

Maddy AI version diff · 2 comparisons

What changed between versions

Substitute #1 → Enrolled · 5 edits · Mar 23, 2026

MODERATE

This bill updates Utah's guardianship laws to strengthen the rights of individuals alleged to be incapacitated, ensuring they receive legal counsel and have their voices heard in court. It clarifies that federal privacy laws (HIPAA) are not overridden by state rules and sets new standards for how health care providers and court visitors must assess these individuals, specifically prohibiting assessments based solely on the opinion of the person seeking guardianship. The changes also mandate that all reports from appointed professionals be filed with the court to ensure transparency.

Scope change

The bill applies to guardianships granted on or after May 7, 2025, while preserving rights for those appointed before that date based on the laws in effect at the time of their appointment.

REQUIREMENT

New rights are established for individuals in guardianships granted on or after May 7, 2025, including the right to counsel at any time, participation in care planning, and the ability to manage a portion of their own income.

Health care providers and court visitors are now required to file their assessment and investigation reports directly with the court.

Health care providers are prohibited from basing their assessment of an individual's capacity solely or primarily on the opinion of the person seeking to be appointed as guardian.

ENFORCEMENT

The bill clarifies that state guardianship provisions do not alter or preempt federal HIPAA privacy requirements.

TIMELINE

The new provisions take effect on May 6, 2026, with a specific grandfather clause for guardianships granted before May 7, 2025.

Floor votes · Senate Mar 3, 2026 · House Feb 26, 2026

How they voted

28–0

Passed · 1 other

Total votes 29

Mar 3, 2026

D Democratic6

6 Yea

100% Yea

N Forward1

1 Yea

100% Yea

R Republican22

21 Yea 1

95% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Mar 23, 2026

Signed into law

Governor Signed

executive

Mar 4, 2026

Upper · Passed

Senate/ signed by President/ sent for enrolling

upper

Mar 3, 2026

Upper · Passed

House/ signed by Speaker/ returned to Senate

upper

Mar 3, 2026

Lower · Passed

Senate/ concurs with House amendment

lower

Feb 26, 2026

Lower · Passed

House/ passed 3rd reading

lower

Feb 25, 2026

Lower · Passed

House/ committee report favorable [House Judiciary Committee]

lower

Feb 25, 2026

Lower · Passed

House Comm - Favorable Recommendation [House Judiciary Committee]

lower

Feb 13, 2026

Committee

House/ to standing committee [House Judiciary Committee]

lower

Feb 6, 2026

Introduced

House/ 1st reading (Introduced)

lower

Feb 5, 2026

Lower · Passed

Senate/ passed 3rd reading

lower

Jan 23, 2026

Upper · Passed

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

upper

Jan 22, 2026

Upper · Passed

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

upper

Jan 21, 2026

Committee

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

upper

Jan 20, 2026

Introduced

Senate/ 1st reading (Introduced)

upper

1 primary · 1 co-sponsor