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How is a guardianship or conservatorship set up? Someone interested in the individual's welfare must file a petition in Superior Court, Probate Division, requesting appointment of a guardian or conservator. Once the petition is reviewed by the Probate Division and accepted for filing, a hearing is scheduled.
There are two types of conservatorships: general and limited. A general conservatorship is established for an adult who needs the assistance of another party to handle their finances and other affairs. General conservatorships are granted to those who are elderly or have been impaired by an illness or accident.
Petition to appoint a conservator The petitioner may request that s/he or someone else be appointed conservator. The petitioner must file the petition in the county in which the respondent resides or, if the respondent does not reside in Utah, in the county in which the respondent has property.
When signing documents, the conservator should use their title after their name to show that they are the conservator. Example: Mary Jones, as conservator for Bob Jones.
A conservator over the estate is responsible for marshalling, protecting, and managing the conservatee's assets that remain in their estate. A conservator reports to the court that appointed them, and is monitored by the supervising judicial court in the county in which the conservatee permanently resides.
Conservatorship paperwork is a legal institution whose purpose is to ensure normal living conditions and represent the interests of citizens who are unable to take care of themselves. The group of such people includes young children, minors, as well as adults with health problems that limit their ability to act.
A Conservator likewise can sign documents and can approve actions within the scope of their court granted powers, or pursuant to a Court Order authorizing a particular transaction. Only a Conservator of the Estate of an incapacitated person can sign a will on behalf of the conserved person.
When comparing the difference between power of attorney and conservatorship, keep in mind that a person creates a power of attorney before a person they are incapacitated. In contrast, a conservatorship is formed after a person is no longer able to competently make critical financial decisions on his or her own.
File a Petition For Conservatorship with the court: File a Confidential Supplemental Information Form: File a Confidential Conservatorship Screening Form: File a Duties of Conservator Form: Serve Notice on the Conservatee: Provide Notice to the Conservatee's Relatives: