The decision whether to seek a guardianship can often be a difficult one. A spouse or parent that has lost capacity, or a child with special needs may need help managing their day-to-day affairs or require special care to ensure they are safe. A court appointment can give a loved one the ability to provide this level of care. The attorneys at Slemboski & Tobler can provide experienced advice and help during this sensitive time.
In Utah, an interested adult may be court appointed as the guardian and/or conservator of a minor child or incapacitated adult (the “ward”). A parent or current guardian may designate who should be appointed as the guardian in a Will or other writing. If this has not happened, any interested adult may petition the court for the appointed.
In the petition, the applicant must explain the minor child’s situation (i.e. does not currently have a suitable guardian or caretaker) or why the adult ward is incapacitated, whether there is a Will or other written designation of guardianship, and how the applicant is suited to care for the child or proposed ward.
Any other person interested in the ward, including the ward him or herself, must be served with the petition and have an opportunity to respond. It may be appropriate for the ward to have his or her own attorney during the proceeding. If any of the people served oppose the guardianship a trial will be held before a judge to determine who is best suited to be appointed or if a guardianship is necessary at all. If there is no opposition to the appointment, just a short hearing will be held to make the guardianship or conservatorship official.
A guardianship can be consensual or involuntary, and temporary or permanent depending on the situation. Each has differing requirements and possibilities of being revisited and changed at a later time.
A guardianship of a minor child will generally automatically terminate when the child turns 18 years old unless there is a specific reason it should continue, such as the child’s disability.
A conservatorship is much the same as a guardianship except it only involves managing the finances of the minor or ward. Often this will be the same person as the guardian, but sometimes it is appropriate to have care of the person and his or her assets in the hands of different people. A conservator is required to make an annual accounting to the court of the ward’s income and/or assets to help ensure things are being used and maintained honestly.
The attorneys at Slemboski & Tobler would be happy to discuss your individual circumstance and answer any questions you may have about a guardianship or conservatorship. Contact our office for a free, confidential consultation. If you decide to proceed, we can help most people for an affordable flat fee and are happy to assist anywhere in southern Utah.