2025 bills / S.B. 206
S.B. 206 Estate Planning Amendments (2025)
- Introduced
- Senate committee
- Senate vote
- House committee
- House vote
- Signed into law
What this bill does
AI summary from the official description
This bill changes Utah estate planning laws, including the mental capacity rules for wills, powers of attorney, and health care agents, and removes the requirement that a person alleged to be incapacitated attend their guardianship hearing. It also lets trustees move trust property into a new trust in some cases and changes rules for asset protection trusts.
About this summary
Quotes come from the official recordings' automatic captions, and plain-English summaries are written by AI from the official record. A person reviews them, but always check the recording before quoting anyone; every quote links to its moment in the video.
Check the official text below.
Official description
- creates and amends definitions related to estate planning
- addresses the requirements for making a will, including the requirements for testamentary capacity
- amends the rule against perpetuities for a power of appointment
- clarifies the legal standard of proof for a guardianship
- removes the requirement that a person alleged to be incapacitated be present at the guardianship hearing
- allows a trustee to decant a trust in certain circumstances
- addresses the capacity to make a power of attorney
- addresses the capacity to appoint an agent for purposes of an advanced health care directive
- modifies the capacity required for a custodian for Title 75A, Chapter 8, Uniform Transfers to Minors Act
- recodifies Title 75B, Chapter 1, Part 3, Asset Protection Trust
- defines asset protection trust to include an irrevocable trust for which the settlor may be made a beneficiary by the act or action of another person
- provides that an affidavit of solvency for an asset protection trust is discretionary
- provides that a person may only bring a cause of action or claim for relief regarding a fraudulent or voidable transfer for assets transferred to the asset protection trust within the limitations period
- provides that, if a trustee makes multiple transfers to an asset protection trust, a distribution is considered to be made from the most recent transfer
- allows a trustee to convey property held in the asset protection trust to the settlor or beneficiary to secure financing
- provides that the property has to be reconveyed to the trustee within a certain time period to not be considered a transfer for purposes of the limitations period
- includes a coordination clause to address a technical conflict with a cross-reference change if this bill and H.B. 334, Guardianships and Supported Decision-Making Agreements Amendments, both pass and become law
- includes a coordination clause to coordinate technical and substantive changes if this bill and S.B. 100, Estate Planning Recodification, both pass and become law
- makes technical and conforming changes
Your legislators on this bill
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Take action
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What members get
- An alert the day S.B. 206 is put on a committee agenda, with time and room, so you can be there to speak
- When S.B. 206 is rewritten, exactly which words changed
- Its hearings in your own calendar
- Your own scorecard: pick the side you favor and see how every legislator voted
Every vote
- 6 yes, 0 no, 3 absentSenate Judiciary, Law Enforcement, and Criminal Justice Committee: vote to approve it · Feb 5, 2025Who voted how
- 24 yes, 0 no, 5 absentFirst of two Senate votes · Feb 11, 2025Who voted how
- 22 yes, 0 no, 7 absentFinal Senate vote · Feb 14, 2025Who voted how
- 8 yes, 1 no, 2 absentHouse Judiciary Committee: vote to approve it · Feb 27, 2025Who voted how
- 68 yes, 0 no, 7 absentFinal House vote · Mar 6, 2025Who voted how