New Utah Laws Explained: Key Changes Under H.B. 334 and S.B. 199

Families in Bountiful and throughout the Wasatch Front often face difficult decisions when a loved one can no longer manage their own affairs. Whether you are a parent of a child with special needs nearing adulthood or a caregiver for a parent with dementia, the legal landscape in Utah is shifting to offer more choices and clearer protections. Two significant pieces of legislation, House Bill 334 and Senate Bill 199, have introduced essential updates to how we approach guardianship and medical consent in our state.

Knowing about these new Utah laws and key changes under H.B. 334 and S.B. 199 helps you plan for the future with confidence. These updates emphasize individual dignity while ensuring that those in need receive help through the most appropriate legal channels.

A New Era for Supported Decision-Making under H.B. 334

For a long time, guardianship was often seen as an all-or-nothing choice. If someone lacked decision-making capacity, a guardian took over most or all of those rights entirely. H.B. 334, which became effective May 7, 2025, changes this by formally recognizing Supported Decision-Making (SDM) agreements as a legal alternative to traditional guardianship.

This law allows an adult with a disability, known as the principal, to choose trusted individuals to help them understand, consider, and communicate life choices. Unlike a guardian, a supporter does not decide for the person. Instead, they provide the tools and information necessary for the principal to make their own choices regarding health care, residence, or finances. Under Utah Code Section 75-5-704, these agreements must be voluntary, written, and signed before two witnesses or a notary.

Strengthening Individual Rights in Guardianship

Even when full or limited guardianship is necessary, H.B. 334 adds layers of protection to ensure the person under guardianship retains as much independence as possible. The law now requires courts to be more specific about which rights are being transferred.

Key updates to the Guardianship Bill of Rights under this legislation include:

• The right to participate in decisions about their own life to the greatest degree possible
• The right to ask the court to review the actions of a guardian or request a change in the guardianship
• The requirement for guardians to provide accounting reports to the individual being protected, ensuring transparency in how their assets are managed
• The mandate is that guardianships must be individualized to meet specific needs, rather than using a standard approach

These changes reflect a move toward less restrictive alternatives, ensuring that your family member in Bountiful or Davis County has a voice in their own care.

Termination and Flexibility of SDM Agreements

One of the most vital aspects of the new Supported Decision-Making framework is how easily an agreement can be updated or ended. Under Utah Code Section 75-5-707, a principal may revoke their agreement at any time. This legal protection ensures that the individual remains in control of who assists them. If a person’s needs change or a supporter is no longer the right fit, the law allows for a seamless transition without the heavy burden of court hearings that typically accompany guardianship changes.

Furthermore, an SDM agreement automatically terminates if a court later determines that the principal lacks capacity to consent to the agreement, or if a permanent guardian is appointed, unless the court specifically orders otherwise. This clear hierarchy prevents legal confusion between different types of protective arrangements.

Reporting and Accountability Requirements

H.B. 334 also tightens the rules for those serving in formal roles. Guardians in Utah must now be even more diligent with their annual filings. According to Utah Code Section 75-5-312, guardians must provide a copy of their annual status and accounting reports to the person they are protecting. This move toward transparency helps prevent financial abuse and ensures the protected person knows exactly how their estate is being handled.

For Bountiful families, this means the “interested persons” in a case—which can include children, spouses, or heirs—have a clearer right to be informed about significant life events. For instance, guardians must now immediately notify interested persons if the protected individual is hospitalized for three or more days or enters hospice care.

S.B. 199 and Medical Consent for Incapacitated Individuals

While H.B. 334 focuses on daily autonomy, S.B. 199 addresses specific medical disclosures and the consent process for certain therapies. This bill is particularly relevant for families managing complex medical treatments for loved ones who are legally not competent to sign for themselves.

Under Utah Code Section 58-1-512, health care providers must now provide a specific disclosure before performing stem cell therapies that are not FDA-approved. If a patient is unable to provide consent due to incapacity, the law requires the legal representative, such as a court-appointed guardian or a person with power of attorney, to sign the consent form. This legal procedure ensures that those responsible for a disabled or elderly relative have access to the full scope of information about risks and alternatives before making a major medical decision.

Planning for the Future in Bountiful

Navigating these new statutes can feel overwhelming, but they are designed to give your family more flexibility. For families living near the Bountiful District Court or navigating the Davis County probate system, understanding these nuances is the first step toward creating a secure plan.

Whether you are looking into a special needs trust to protect government benefits or evaluating if a Supported Decision-Making agreement is right for your child, these laws provide the framework to keep your family strong. Our legal professionals understand these challenges personally. Our firm was founded on the belief that helping families like ours is essential, driven by the firsthand experience of caring for a brother with special needs.

At Able & Strong Law, Inc., our team focuses on helping families in Bountiful obtain guardianship or a conservatorship when it is the right path, while exploring new options, such as Supported Decision-Making, when it is not. If you have questions about how these new laws affect your specific situation, please reach out to us at (801) 683-9143.