Utah Petition for Termination of Guardianship by Emancipated Minor

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Description

A guardianship is a legal relationship created when a person or institution named in a will or assigned by the court to take care of minor children or incompetent adults. The guardianship of a minor remains under court supervision until the child reaches majority at 18.

Emancipation is when a minor has achieved independence from his or her parents, such as by getting married before reaching age 18 or by becoming fully self-supporting. It may be possible for a child to petition a court for emancipation to free the minor child from the control of parents and allow the minor to live on his/her own or under the control of others. It usually applies to adolescents who leave the parents' household by agreement or demand.

Some of the most common methods for a minor to become emancipated include marriage, reaching the age of majority, entering military service, or by court order. A parent may also formally or informally agree to give up some or all of his/her parental control. For example, a parent might consent to allowing a child to establish a separate household. In other cases, a parent may force the minor to leave and support him/herself. Generally, parental consent is required, except in cases of parental misconduct that causes the minor to leave the home. Emancipation may cease to make a parent liable for the acts of a child, including debts, negligence or criminal acts.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Petition for Termination of Guardianship by Emancipated Minor
  • Preview Petition for Termination of Guardianship by Emancipated Minor

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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.

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.

Utah Rule 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.

The Office of Public Guardian (OPG) provides guardianship and conservatorship services for adults* who are unable to make basic life decisions for themselves due to conditions such as aging-related illness, intellectual disabilities, brain injuries and mental illness.

Under Utah Code Section 75-5-310, the court may appoint an emergency guardian if: an emergency exists; and. the respondent's welfare requires immediate action; and. the respondent has no guardian or the guardian is not effectively performing their duties.

Additionally, the court can consider the children's desires. However, their desires are not controlling. The court gives added weight to the desires of children who are at least 14 years old, but this is still only one factor. The judge does not give either parent a preference due to the parent's gender.

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Utah Petition for Termination of Guardianship by Emancipated Minor