This guide provides an overview of various types of guardianships and the surrounding issues. Topics covered include how to become a guardian, powers and duties of a guardian, compensation and liability of a guardian, and much more.
Utah USLegal Guide to Guardianship
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US-GDE-08
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FAQ
A conservatorship is when a judge appoints another person to act or make decisions for the person who needs help. The person the judge appoints is called the conservator. The person who needs the help is the conservatee.
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.
Guardianship of a minor child means that a responsible adult other than the child's parent has been appointed by the court to have legal authority to make decisions concerning the minor child's life.
A guardian has the responsibility of a parent for a minor, except that the guardian does not have to use his or her own money for the ward's care and support. Utah Code Page 4 4 Section 75-5-312. A conservator is the trustee of the ward's estate. Utah Code Section 75-5-420.
Asking the Court to Establish Guardianship in District Court Any adult interested in the minor child's welfare may file a petition in the district court in the county in Utah where the minor child resides or is present. Are you filing in Utah County? If yes, you must file your papers with the Provo Courthouse.
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. Limited guardianship means that a guardian has decision-making authority in limited areas in a ward's life.
In Utah guardianship is usually the method used to support individuals with disabilities who require legal protections and support with decision-making. However, guardianship is the most restrictive option for support and should be used after alternatives are considered.