The appointment of a guardian or conservator is generally a judicial function, brought about by following the procedure set forth in the statutory law of the particular jurisdiction. This form is a generic example that may be referred to when preparing such a form for your particular state.
Utah Petition for Appointment of Conservator or Legal Guardian of Person and Estate of Adult who Physical or Mental Infirmity or Age, is Unable to Handle Affairs
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How to fill out Petition For Appointment Of Conservator Or Legal Guardian Of Person And Estate Of Adult Who Physical Or Mental Infirmity Or Age, Is Unable To Handle Affairs?
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FAQ
The State of Utah allows for two types of guardianship. These include a plenary (full) or limited guardianship. A Plenary guardianship transfers all rights from a ward to a guardian. This process can restrict a person's ability to vote and marry.
Guardianship is the appointment by a court of a person or entity to make personal and/or property decisions for an individual whom the court finds cannot make decisions for themselves. These may be decisions about an individual's property, personal affairs, or both.
Utah Code of Judicial Administration 6-501 requires that, before a person can be appointed as guardian, the person must take a test about their authority and responsibilities and file a Certificate of Completion with the court.
Under this section. A court may, in the order of appointment, place specific limitations on the guardian's power, duties, and rights. Except as provided in this Subsection (1), a guardian has the same powers, rights, and duties respecting the ward that a parent has respecting the parent's unemancipated minor.
Selecting a guardian is an important task. People with ties to the ward are often proposed guardians. These people include: A person designated by the ward, in a directive or power of attorney, to handle the ward's affairs before the period of incapacity.
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.
You can only get a Guardianship and conservatorship by filing a case with a Court. If the guardianship is for an adult, the Court will appoint an attorney to represent that person. If the guardianship is for a child, the court may appoint a lawyer to represent the child if it is in the child's best interest.