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.