Detailed Answer
Under
To begin, any interested party—often a parent, personal representative, or heir—must file a petition for guardianship with the district court in the county where the estate is probated. See Utah Code § 75-5-302. The petition must identify the minor, describe the estate assets and interests, and state why a guardian or guardian ad litem is necessary.
After filing, the court must appoint a guardian ad litem if the minor has no legal representative or if the court deems it necessary. See Utah Code § 75-5-201. The guardian ad litem investigates the minor’s needs, reviews the proposed management plan, and submits a written report recommending what serves the minor’s best interests.
Next, if the court finds appointment of a guardian appropriate, it issues letters of guardianship. A guardian must file an oath and, if required, post a bond. See Utah Code § 75-5-202. The guardian controls the minor’s estate, collects assets, pays debts, and invests funds prudently.
If the case involves a proposed settlement—such as a claim arising from a personal injury—the court must approve the compromise. See Utah Code § 75-2-403. The guardian or guardian ad litem presents evidence that the settlement fairly protects the minor’s rights.
Helpful Hints
- File the petition in the probate division of district court.
- Provide detailed asset and liability information for the minor’s estate.
- Include a proposed management plan for court approval.
- Serve notice on the minor’s parents and interested parties.
- Ensure the guardian ad litem submits a timely investigation report.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a licensed attorney in Utah to discuss your specific situation.