Guardianship and Conservatorship

Sometimes the unexpected happens and family members must ask the court to appoint a guardian and a conservator for a loved one.

Based on the needs of an incapacitated loved one, the probate court can grant full or partial guardianship over the person. In Utah, the appointment process can be relatively straight forward so long as all interested parties are comfortable with the appointee and the terms of the guardianship. If a family member or other interested party objects to an appointment of the guardian, the situation can be more complex. In Utah, the incapacitated person is required to have legal counsel to represent his or her best interests. The person petitioning the court to appoint a guardian will also have legal counsel.

While guardianship is over the incapacitated person, conservatorship is over the incapacitated persons assets. Often the court appoints a person to both roles; however, appointment to both is not required. The two different roles can also be separated so different individuals are acting on behalf of the individual.

Once the probate court has concluded that guardianship and conservatorship is in the best interest of the incapacitated loved one, it will issue letters of guardianship and conservatorship to be used with third parties.

The roles of guardianship and conservatorship carry an important responsibility and require reports to be periodically submitted to the court.