Guardianship & Conservatorship Services
Appoint a Guardian or Conservator to Assist Your Loved Ones
Persons seeking appointment of a guardian and conservator typically fall into three categories: (1) adult children seeking to assist an elderly parent; (2) parents of children with disabilities age 18 or over; and (3) family members seeking appointment for a collateral relative such as an aunt or uncle who do not have children to assist with their care. A guardian controls where the person subject to the guardianship (known as the “ward”) resides and can consent to and approve medical care to be provided to the ward. A conservator is a fiduciary generally responsible for the ward’s financial matters.
To become a guardian and/or conservator, court approval is required. A brief petition is filed in the local district court in the county in which the ward resides. The filing fee is $35.00. The proposed guardian and/or conservator must take certified preappointed online tests. Several weeks thereafter, the case will be set for a brief hearing before a district court judge. The proposed ward should meet with an attorney who can verify that a guardianship and conservatorship is appropriate. The ward and their attorney must generally be present at the hearing. Notwithstanding the foregoing, a separate attorney may not be required if the proposed ward is the biological or adopted child of petitioners’, and the proposed ward’s entire estate does not exceed $20,000.00.
It is also necessary to obtain a medical opinion that a guardianship and conservatorship is appropriate. Assuming these issues are all in order, the court will approve the petition and the clerk will issue letters demonstrating the appointment.
Forms and other helpful information are available online through the Utah online court assistance program (“OCAP”)