Guardianships

Morgan & Associates Attorneys at Law
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Guardianship Law In Utah

Helping Utah Families With Guardianship Needs


Guardianship can be a complex process because it involves taking rights from an adult and entrusting those rights to another adult. At Morgan and Associates, we understand that this is often a very difficult decision for families and individuals. We take our clients’ feelings seriously… So seriously, that we maintain a licensed counselor with experience in guardianship proceedings on staff to advise us on the emotional side of the process to make things as easy as possible for all involved.

What is a Guardianship and Conservatorship?

Parents of a child with special needs are sometimes blindsided by the legal shift when their child turns 18. Schools, medical providers and other entities suddenly refuse to share information or allow decision making once a child becomes an adult. This is true no matter what level of disability a child may experience. The law grants Utah residents legal rights regardless of competency. Guardianship and conservatorship is a court granted authority over an adult due to incapacity.

Guardianship is authority over the physical, emotional, medical, and social needs of an incapacitated adult whereas Conservatorship is the authority to oversee an incapacitated person’s finances.  

What is the Process for Establishing Guardianship and Conservatorship?

The first step to establishing a Utah Guardianship and/or Conservatorship is to petition the court. The petition will inform the court why the requested authority is required and detail the reasons for a person’s incapacity. Sometimes an attorney will be required to represent the incapacitated person. The court will then hold a short hearing on the petition to give the incapacitated person or other interested individuals the opportunity to voice their opposition to the proposed guardianship. If there are no objections, the petition will be granted at the initial hearing.

Persons appointed guardian and conservator will be required to file yearly reports to the court on the state of affairs for the incapacitated person in their charge.

At Morgan & Associates, we know courtrooms and we’ll help you navigate the at times tedious or confusing process.   We are experienced in working with the court as well as attorneys for incapacitated individuals to achieve the best result for the adult with special needs and their families.

Power of Attorney

In some cases the client’s needs may be met with an out of court option. A durable power of attorney allows a person to share decision making with a designated agent, usually a family member.  Power of attorney is an extremely flexible instrument that can even be divided into only a medical or financial power of attorney.  Additionally, unlike a guardianship a power of attorney can easily be revoked and rescinded should a person regain capacity, all without going to court. A power of attorney requires some degree of capacity in that the person granting the authority must be an adult and also capable of understanding that they want assistance from their agent.

Learn More About Guardianship Or Conservatorship: Call Us Today | 801-874-5644. 


                                                                                                                                                                                                                                                                     

 

 

 


Veterans Benefit Planning Utah Law Firm Morgan & Associates
Sami Draper
Sami Draper
04:17 18 Mar 19
Answers the phone on the weekend and is so willing to help you on their days off. Extremely helpful and friendly.read more
lynn lindstrom
lynn lindstrom
22:45 15 Mar 19
They were kind and helpful explaining every thing helped me with other things I needed done would use them again no problem excellentread more
Charlotte Stock
Charlotte Stock
17:23 01 Feb 19
Christopher Morgan listens closely and is very knowledgeable about Utah law concerning estate planning, health care directives, and wills. I was amazed at his ability to give me the help and advice I needed to be completely satisfied and at peace with every document he made for me. He certainly has my vote of confidence. I highly recommend him to everyone. Charlotte Stockread more
Janelle Wakley
Janelle Wakley
22:23 25 Jan 19
Chris was very helpful when my husband and I had questions about our Medicaid application. He is friendly and professional.read more
Wolfiere Labs
Wolfiere Labs
20:38 25 Jan 19
JoAnna Hall
JoAnna Hall
17:14 21 Dec 18
If you're looking to get your estate planning, trust in order, Chris is the guy!! He is so thorough and explained everything in terms we understand and knows what he is doing! Very pleasant experience and we HIGHLY recommend him! Thanks Chris!read more
Joe Clements
Joe Clements
19:25 05 Dec 18
We needed help with making a Will and Trust. Chris got us in quickly and produced our documents at a super affordable cost! Highly recommend!!read more
Ben Tyler
Ben Tyler
05:57 02 Nov 18
My wife and I hired Chris Morgan to help us with our Estate Planning documents and could not have been more pleased! Chris was responsive to our every need, flexible in his scheduling, patient and clear in educating, sensitive to our interests, and produced a product which far exceeded expectations. But this really didn't surprise me, considering the raving reviews he's received from his clients. With binder of completed documents in hand, my head will rest more comfortably on my pillow tonight. Thank you, Chris, for making our most important priorities your own. We look forward to receiving our first Christmas card :).read more
Bonnie Hill
Bonnie Hill
21:32 31 Jul 18
Chris was really great to work with! On our first meeting he was very knowledgeable and funny and easy to talk to! He explained things and addressed all our concerns and questions. He made things fun and eased any tensions. He seems honest and fair. The best part is that he was willing to come to our home for the meeting. He was easy to work with schedule wise as well. I would definitely recommend Chrisread more