Detailed Answer — How Utah law treats appointments for the person versus the estate
Under Utah law, authority over a person (health, care, living arrangements) is separate from authority over that person’s money and property. The court can appoint a guardian for the person and a conservator for the estate. Being appointed guardian of the person does not automatically make you the conservator of the estate unless the court specifically appoints you to both roles in the same order.
Utah’s statutes and court rules treat guardianship (personal decisions) and conservatorship (property and financial decisions) as distinct protective roles. If you need authority to manage the protected person’s finances, you must either ask the court to appoint you as conservator as well, or obtain some other legal authority (for example, a durable power of attorney signed by the person before incapacity). For statutory guidance and the specific procedural rules, see Utah Code Title 75, Chapter 5 (Guardians and Conservators): https://le.utah.gov/xcode/Title75/Chapter5/75-5.html.
Common practical consequences:
- If you are only the guardian of the person, you may legally make decisions about medical care, living arrangements, personal services, and day‑to‑day supervision—but you will not have the court authority to access bank accounts, pay bills from the protected person’s funds, sell property, or manage investments.
- If you are appointed conservator (sometimes called guardian of the estate in other states), the court gives you authority to manage, protect, and use the protected person’s assets under court supervision. That includes paying bills, collecting income, and filing required financial reports.
- Court orders can combine both appointments when appropriate. When petitioning, you can ask the court to appoint the same person to serve in both roles; the judge will decide based on the evidence of need and best interest.
For practical information about filing a guardianship or conservatorship case in Utah, procedures and forms are available from the Utah Courts: https://www.utcourts.gov/howto/family/guardianship/.
Typical steps if you need to become conservator (estate) in Utah
- File a petition in the appropriate Utah district court requesting conservatorship (you can request both guardianship and conservatorship in one petition).
- Provide required notices and medical or capacity evaluations per court rules and statutes.
- Attend the hearing; the court will consider whether the proposed conservatorship is necessary and who is the appropriate person to serve.
- If appointed, the conservator usually must post a bond (unless the court waives it), obtain letters or other proof of authority from the court, file an inventory of assets, and later file periodic accountings and reports to the court.
Because courts have broad discretion, you should request the specific authority you need in your petition (for example, authority to pay bills, manage investments, sell property, or approve certain transactions). The court’s appointment order will describe the exact powers and limitations.
Alternatives to conservatorship
Before seeking conservatorship, consider whether less-restrictive options can solve the problem:
- Durable power of attorney for finances (if executed while the person had capacity).
- Joint bank accounts or transfer-on-death designations (these have pros and cons and can affect benefits).
- Representative payee for Social Security/SSA benefits.
- Trusts or trustee arrangements.
Each alternative has different legal consequences. If the person is already incapacitated and lacks a valid power of attorney, conservatorship may be the only option to obtain legal authority over assets.
Helpful Hints
- Do not assume authority: confirm your powers by reading the court’s appointment order. If it only names you guardian of the person, you lack legal authority over estate matters.
- Ask the court in your petition to appoint you to both roles if you need both sets of powers. That avoids a second proceeding if the judge agrees it’s appropriate.
- Keep thorough records. Conservators must keep accurate financial records, file inventories, and usually submit periodic accountings to the court.
- Expect court supervision. Conservatorships often require bonds, inventories within a set time, and annual or periodic reports—failure to comply can lead to removal or sanctions.
- Consider less‑restrictive options first (durable POA, representative payee). Courts prefer the least restrictive means that protect the person and their property.
- Get local advice. Guardianship and conservatorship practice can vary by county and judge. Consult the Utah Courts how‑to pages for forms and local instructions: https://www.utcourts.gov/howto/family/guardianship/.
- If immediate access to funds is needed for care, raise that in the petition and at the hearing. The court can order limited or emergency authority in many cases.