Utah Conservatorship Attorneys

Financial Decision-Making Authority for Protected Persons

When someone can no longer manage their own finances, a Utah court can appoint a conservator to step in. At Pearson Butler, our attorneys handle both the procedural side of conservatorship petitions and the courtroom work that contested cases sometimes require, drawing on our probate litigation and estate planning teams together rather than routing one part of the matter elsewhere.

Conservatorship vs. Guardianship in Utah

A conservator manages a protected person’s financial affairs and property. A guardian manages personal and physical well-being, including decisions about healthcare, housing, and daily life. These roles are distinct under Utah law, though the same individual can hold both appointments, or separate people can serve in each capacity.

This page addresses conservatorship only. If you need information about personal care decision-making authority, our guardianship attorneys can walk you through that framework separately.

When Utah Courts May Appoint a Conservator

The threshold question is whether the person’s property is at risk without management or whether funds are needed for that person’s support, care, or welfare. A court may appoint a conservator for an adult whose ability to manage property is impaired by mental illness, physical illness or disability, chronic drug or alcohol use, confinement, or disappearance. A temporary conservatorship is also available and ends if the protected person regains capacity.

The grounds differ for minors. If a child receives an inheritance, an injury settlement, or government benefit payments that require ongoing management, a court can establish a conservatorship to oversee those funds until the child reaches adulthood.

The Utah Conservatorship Court Process

The petition is filed in Utah district court. Once filed, the respondent and their spouse and parents, if applicable, must be personally served with notice if they are located in Utah; those outside the state can be served by mail instead. Two court-appointed roles may follow:

• Respondent’s attorney: The court may appoint counsel to represent the respondent during the proceeding.
• Court visitor: An independent investigator the court may appoint to gather facts and report back before a decision is made.

Before receiving their appointment, a proposed conservator must complete a test covering their authority and responsibilities and file a Certificate of Completion with the court. Utah law also generally requires the conservator to post a bond, though the court can waive this for good cause. When an interested party objects to the petition, the case typically moves to mediation or proceeds to trial, where the petitioner must prove the statutory grounds.

Once the court is satisfied, it issues an order and a Letter of Conservatorship describing the conservator’s specific authority. That letter is what the conservator presents to banks, investment accounts, and other institutions to act on the protected person’s behalf.

Ongoing Duties After Appointment

Appointment is the beginning, not the end. A conservator operates under a fiduciary duty, held to the same standard of care as a trustee in managing the protected person’s estate. Several reporting requirements apply:

• Initial inventory: Filed within 90 days of appointment, listing the protected person’s property.
• Annual accountings: A financial accounting filed with the court each year unless the court modifies that schedule.
• Final accounting: Required when the conservatorship ends, whether because the protected person dies, regains capacity, or the matter transfers to another state.

A conservator can’t delegate the authority the court granted them. They may consult others before making decisions, but the responsibility itself can’t be passed off. Understanding these boundaries from the start can help prevent problems with the court later.

Conservatorship vs. Power of Attorney

A validly executed power of attorney lets someone designate a trusted person to manage their financial affairs without court involvement. That kind of proactive planning can reduce the likelihood that a conservatorship ever becomes necessary. Without a power of attorney in place, families facing a loved one’s incapacity often don’t have a path forward except for a court petition.

One point worth knowing: under Utah law, a court can’t deny a conservatorship petition solely because a valid power of attorney already exists. If there are concerns about whether that document is adequate or about the person acting under it, court oversight remains available.

Discuss Your Utah Conservatorship Matter with Pearson Butler

Founded in 2010 by Carson Pearson and Jeff Butler, Pearson Butler has grown to more than 30 attorneys with over 300 years of combined legal experience, serving clients throughout Utah from offices in South Jordan, Salt Lake City, and beyond. Our probate, estate planning, and litigation attorneys work on conservatorship matters together, which matters when a case becomes contested and requires both courtroom preparation and procedural knowledge of probate court.