What is Guardianship?

Guardianship is a legal arrangement where a person (the guardian) is appointed by the court to make decisions and care for another individual (the protected person) who is unable to manage their own affairs. This typically happens when the protected person is a minor or an adult with physical or mental disabilities. The guardian is responsible for making important decisions related to the protected person’s health, simple finances, and overall need and well-being (food, shelter, clothing, health care, or safety), ensuring their needs are met and their rights are protected.

What is Conservatorship?

Conservatorship is a legal arrangement where a court appoints a person (the conservator) to manage the financial affairs of someone who is unable to do so themselves due to age, illness, or disability. The conservator makes decisions about the individual’s money and property, ensuring their assets are protected and properly managed.

Steps in the Guardianship/
Conservatorship Process

  1. Need Assessment: The first step is to determine if guardianship or conservatorship is necessary. This involves evaluating the individual’s ability to make decisions and manage their own affairs.
  2. Filing a Petition: If guardianship or conservatorship is deemed necessary, a petition is filed with the court and notice is given to interested parties. The petition names the person seeking appointment as guardian/conservator, outlines the reasons for seeking guardianship or conservatorship and provides evidence of the individual’s incapacity.

  3. Court Visitor: Utah law requires that the protected person attend the hearing. If the protected person’s attendance is not possible, the court may appoint a court visitor to investigate the ability of the protected person to appear.
  4. Court Hearing: The court will set a date for a hearing when the petition is filed. This hearing is not a trial with testimony by witnesses, although the judge may ask questions.
  5. Mediation: If someone objects, the court will require the parties to mediate their dispute before proceeding to trial. If the objections cannot be resolved, the matter will go to trial.
  6. Appointment of Guardian: If the court grants guardianship and/or conservatorship, a guardian/conservator is appointed. The guardian/conservator will receive legal documentation outlining their responsibilities and the extent of their authority.
  7. Ongoing Oversight: The court will continue to oversee the guardianship/conservatorship to ensure the guardian/conservator is acting in the best interests of the individual. This involves the annual filing of reports and accountings.

How We Can Help

Would you like to learn more about guardianships or conservatorships?

We understand the complexities and sensitivities involved in guardianship and conservator cases. Our experienced attorneys are here to guide you through every step of the process, ensuring that your loved one’s needs are met with compassion and professionalism.

Call (801) 477-0672 or email [email protected] and schedule an appointment today!