Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
Under Utah law, you can seek a guardian to manage an incapacitated person’s personal care or a conservator to oversee their finances. The process follows the Utah Uniform Probate Code, Title 75, Chapter 5. Here are the key steps:
1. Determine the Appropriate Proceeding
• Guardianship covers decisions about health, residence, education, and personal care.
• Conservatorship covers asset management, bills, taxes, and investments.
• In some cases, you may need both. Review definitions at Utah Code § 75-5-201 (guardian) and Utah Code § 75-5-309 (conservator).
2. File the Petition
File a petition in the district court of the county where the proposed ward or protected person lives. Include:
• Name and address of petitioner.
• Name, age, and residence of the respondent.
• Nature and degree of incapacity.
• Proposed guardian’s or conservator’s qualifications.
See Utah Code § 75-5-303.
3. Serve Notice
Utah law requires notice to:
• The proposed ward or protected person.
• Close family members.
• Any person with an existing power of attorney or health care directive.
Follow the requirements in Utah Code § 75-5-307. Proper service ensures due process.
4. Court-Ordered Evaluation
The court may appoint an examiner or require a medical evaluation to determine the person’s capacity. The examiner files a report on functional abilities. See Utah Code § 75-5-312.
5. Attend the Hearing
At the hearing: present evidence of incapacity, review the evaluation report, and outline why guardianship or conservatorship is necessary. The proposed ward has a right to counsel and to contest the petition.
6. Receive Letters of Appointment
If the court finds clear and convincing evidence of incapacity, it issues letters of guardianship or conservatorship. These letters grant authority to act on behalf of the ward or protected person. See Utah Code § 75-5-402.
7. Fulfill Ongoing Duties
Guardians and conservators must file periodic reports on personal status or financial transactions. Annual accounting is typical under Utah Code § 75-5-407. The court may require additional audits or bond coverage.
Helpful Hints
- Consult an attorney early to streamline petitions and hearings.
- Gather medical records, diagnoses, and capacity evaluations in advance.
- Explore less restrictive alternatives first (e.g., durable power of attorney, health care directive).
- Keep detailed financial records and receipts if you serve as conservator.
- Notify the ward’s known relatives and close friends to reduce objections.
- Understand filing fees and potential bond requirements in your county.