Guardianship

At Pearson Butler, we have decades of experience serving individuals, businesses, and families across Utah in over a dozen practice areas. With more than thirty qualified legal professionals, we have the resources and experience needed to resolve even the most complex legal matters.

Utah Guardianship Attorneys

Serving South Jordan and Across Utah

Do you need a guardianship to protect a loved one or family member? The attorneys at Pearson Butler can assist you. With three convenient office locations in Utah, our family law attorneys have helped individuals and families across the state with their guardianship needs.

Understanding Guardianship and Conservatorship

Guardians can be court-appointed for minor children as well as adults who are no longer able to take care of themselves. Sometimes an institution or agency rather than an individual is appointed as a guardian or conservator. Read on to learn more about guardians and conservators.

Guardians for Minors

In case anything were to happen to you or your spouse, it is important to name a guardian for your minor children. They will be in charge of making any personal, religious, legal, and financial decisions on their behalf until they legally come of age. In order to appoint a guardian for your children they must be: of legal age, have genuine interest in your child and their welfare, physically and financially able to raise your children, and it is also a wise idea to ensure that they are someone with similar morals so that if anything were to happen, they could care for your child in a similar way that you do.

If there is no guardian appointed in a will, the court will decide who should care for your children. Unfortunately, the court does not know your children or your wishes, and they may end up placing them somewhere that you never would have chosen. The best way to care for your children is to make sure that you have a will in place to protect them.

Conservators for Adults

There may come a time when you are unable to make decisions for yourself due to the general degradation of the mind due to age. When this happens, it will be necessary for someone else to sort out your affairs, as well as make any personal, legal, or financial decisions for you. If you do not have a power of attorney set up in your estate plan, the courts will appoint a conservator on your behalf.

In Utah, it is fairly simple to appoint a conservator. Family members will file a petition with the probate court, serve the necessary parties (respondent, their immediate family, etc.), and then appear in court for a hearing with the incapacitated person for an examination and appointment of a conservator. The incapacitated person is also required by Utah law to have representation to protect their best interests. The appointed conservator is required to take a test to prove that they are able to care for the individual. If there are no objections, the conservator will be appointed immediately. If a family member objects, there will be a need for mediation or a set trial.

When Is an Adult Guardianship Necessary?

When a party is not mentally capable of making appropriate judgments about his or her own personal, physical, or financial well-being, it’s often necessary to obtain legal guardianship to protect the individual. A guardianship over an adult is usually necessary if the individual has a mental incapacity and turns 18 or if an adult becomes incapacitated through an injury or illness, such as dementia. Often medical providers will indicate that it’s time for loved ones to pursue legal guardianship when a medical diagnosis or mental decline justifies it.

A guardianship can be adapted to the needs of the incapacitated individual, with the law allowing for either a full guardianship (called plenary) or a limited guardianship. Based on the specific difficulties and limitations the incapacitated adult faces, a custom guardianship plan can be created to protect him or her, while still allowing as much autonomy as circumstances justify. When a party has significant financial assets that need to be managed, the family will often apply for a conservatorship in conjunction with the guardianship. A conservatorship grants someone the responsibility for managing and preserving the assets and income of the incapacitated person.

Contact Pearson Butler Today

Pearson Butler is committed to providing the highest quality of legal services throughout Utah. The firm’s experienced attorneys deliver comprehensive legal representation in virtually every area of law, including estate planning and family law matters. This leads to better solutions and case results, even in complex guardianship matters. With a warm office environment, clients feel welcome and comfortable discussing their legal matters with the Pearson Butler team.

If you are interested in talking with a lawyer to discuss your guardianship matter, call Pearson Butler at (800) 265-2314.

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