A Utah Letter of Limited Guardianship is a court document that appoints a guardian to make certain decisions on behalf of an incapacitated individual. This document allows the guardian to make certain decisions in the best interests of the incapacitated individual. The types of decisions that can be made by the guardian are limited in scope and can include decisions related to personal care, education, medical care, and financial matters. The scope of the guardianship and the responsibilities of the guardian are set forth in the letter. The Utah Letter of Limited Guardianship is used when an individual is not able to make decisions on their own and needs help to manage their affairs. The letter typically specifies the rights and duties of the guardian, as well as the term of the guardianship. There are two types of Utah Letter of Limited Guardianship: a Temporary Letter of Limited Guardianship and a Permanent Letter of Limited Guardianship. A Temporary Letter of Limited Guardianship lasts for a limited period of time, usually three to six months, and a Permanent Letter of Limited Guardianship does not expire.
Utah Letter of Limited Guardianship
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FAQ
Limited or full appointment You might have authority to make decisions about certain things, called a limited guardianship. Or you might have authority to make decisions about all aspects of the protected person's life, called a plenary or full guardianship.
The appointment of a guardian does not terminate a parent's rights. The legal parents of the minor retain some rights and responsibilities even if the court has ordered someone else to be the child's guardian. Parents retain the right to reasonable parent-time unless restricted by the court.
If the protected person does not have an attorney of their own choice, the court will appoint an attorney from the Guardianship Signature Program. Utah Code Section 75-5-307. A request to terminate the guardianship may be made by filing a Motion to Review, Terminate, or Remove Guardian or Conservator.
In Utah, a guardian primarily has the court-appointed power to provide for the physical well-being of a protected person and a conservator is the court-appointed individual or entity to provide for the financial well-being of the protected person.
A Plenary guardianship transfers all rights from a ward to a guardian. Limited guardianship means that a guardian has decision-making authority in limited areas in a ward's life. Judges are more open to limited guardianship because there is the feeling that it maintains as many of the wards rights as possible.
Court appointment of guardian of minor -- Procedure. If necessary, the court may appoint a temporary guardian, with the status of an ordinary guardian of a minor. The authority of a temporary guardian may not last longer than six months.