Utah House backs compromise to preserve counsel in guardianship cases; bill passes 69–0

Representative Winder urged the House to pass a second substitute to House Bill 167, saying the measure preserves access to counsel for incapacitated adults while maintaining a safety valve for indigent cases. "Last year, we had 91 requests in the state guardian signature program. All 91 were met," Winder said, arguing the program helps families avoid the expense of hiring an attorney.

The bill responds to a program that previously allowed some parents who had raised an incapacitated child to obtain guardianship without hiring counsel; that program was set to sunset July 1. Under the compromise approved by the House, courts must attempt to appoint counsel from the guardian-signature program within 60 days. If no court-listed attorney volunteers within that period, the parties may fall back to earlier provisions meant for low-net-worth respondents.

Representative Cutler asked for a line-by-line clarification of the substitute; Winder explained lines 89–91 create the 60-day window for court appointment and a fallback to the prior approach in limited circumstances. Representative Sandoval asked whether the substitute carried a fiscal note; the answer from the floor was "No."

After limited discussion and a waived summation by the sponsor, the House opened the vote on the second substitute to HB167. The second substitute received 69 yay votes and 0 nay votes. The bill passed the House and will be transmitted to the Senate for further consideration.

The House record shows the change aims to balance support for families who have been primary caregivers with the legal safeguard of counsel for incapacitated adults, while creating a limited timeline for court-appointed representation when necessary.