Utah Guardianship Attorney
Guidance To Help You Protect the People Who Depend on You
When a parent, adult child, or other loved one can no longer manage important decisions, it can feel like everything is on your shoulders. You may know something needs to change, but you are not sure if guardianship is the right step or how the process works in Utah. It is a lot to carry on your own.
At Pearson Butler, we help families across Utah understand their options and move through guardianship cases with clarity and support. Since 2010, our team has handled thousands of matters involving estate planning, probate, and family issues that often overlap with guardianship decisions. You do not have to figure this out alone.
Call (800) 265-2314 to schedule a consultation.
What Is Guardianship?
Guardianship is a legal relationship created by a Utah court in which one person (the guardian) is appointed to make decisions for another person (the ward) who is unable to manage their own affairs. Guardianship is typically used when an individual lacks the capacity to make informed decisions due to age, disability, illness, or cognitive impairment.
In Utah, guardianship may involve authority over personal decisions, financial matters, or both, depending on the circumstances. Courts generally view guardianship as a last resort and require proof that less restrictive alternatives—such as powers of attorney or trusts—are insufficient.
Our Utah guardianship lawyer can help determine whether guardianship is appropriate and guide you through the legal requirements involved.
Common Types of Guardianship
Utah law recognizes several types of guardianship, each designed to address specific needs. Common forms include:
Guardianship of a Minor
This type of guardianship is often necessary when a child’s parents are deceased, incapacitated, or otherwise unable to care for the child. A guardian may be appointed to make decisions regarding education, healthcare, and daily living.
Adult Guardianship
Adult guardianship applies to individuals who are unable to care for themselves due to conditions such as dementia, developmental disabilities, traumatic brain injuries, or serious mental illness.
Limited Guardianship
A limited guardianship grants the guardian authority over only specific aspects of the ward’s life, allowing the ward to retain as much independence as possible.
Temporary Guardianship
Temporary guardianship may be granted in emergency situations or when short-term protection is needed. These arrangements are typically time-limited and subject to court review.
Guardianship of the Estate
In some cases, a guardian is appointed solely to manage the ward’s finances, assets, and property, while another individual may serve as guardian of the person.
Our Utah guardianship lawyer can help you choose the appropriate form of guardianship based on your unique situation.
The Process of Obtaining Guardianship in Utah
The guardianship process in Utah is governed by state statutes and overseen by the probate court. While each case is different, the process generally includes the following steps:
- Filing a Petition: The process begins by filing a petition for guardianship in the appropriate Utah court. The petition outlines the reasons guardianship is necessary and the type of authority requested.
- Notice to Interested Parties: Utah law requires that notice be given to the proposed ward and other interested parties, such as family members, allowing them an opportunity to respond or object.
- Medical or Capacity Evaluation: The court may require medical evidence or an evaluation demonstrating that the proposed ward lacks the capacity to manage their affairs.
- Court Hearing: A judge will review the evidence and hear testimony to determine whether guardianship is necessary and who should be appointed.
- Appointment and Ongoing Duties: If approved, the court issues an order appointing the guardian. Guardians must comply with ongoing reporting requirements and act in the ward’s best interests at all times.
Working with a Utah guardianship lawyer ensures that your petition is properly prepared and that you understand your responsibilities after appointment.
Guardianship FAQs
Is guardianship permanent in Utah?
Not necessarily. Guardianship can be modified or terminated if circumstances change and the ward regains capacity or no longer requires a guardian.
Are there alternatives to guardianship?
Yes. Powers of attorney, healthcare directives, and trusts may provide adequate protection without the need for court involvement. A Utah guardianship lawyer can help assess these options.
Does the ward lose all rights under guardianship?
No. Utah courts aim to preserve as many of the ward’s rights as possible, especially in limited guardianships.
How long does the guardianship process take?
The timeline varies depending on the complexity of the case, whether objections are raised, and court scheduling. Temporary guardianships may be granted more quickly in emergencies.
Do guardians get paid?
In some cases, guardians may be entitled to reasonable compensation, subject to court approval.
Why Families Across Utah Turn to Our Guardianship Team
Choosing someone to guide you through a guardianship case is not just a legal decision. It is a decision about who you trust to help protect your loved one and to work with your family during a stressful time. Our firm is built to combine strong legal resources with personal, attentive service.
Founded in 2010, Pearson Butler has grown into a mid-sized, multi-practice firm with more than 30 attorneys and over 300 years of combined legal experience. We represent clients throughout the state from offices in South Jordan, Bountiful, and Utah County, so you can access experienced legal counsel without driving into a downtown high-rise.
Guardianship cases often touch many areas of law at once. An aging parent’s case may involve an existing will or trust, tax questions, or a family business. A guardianship for a child with special needs may need to coordinate with benefits planning and long-term care decisions. Because we provide services across more than a dozen practice areas, our guardianship clients can benefit from coordinated input from estate planning, probate, family law, tax, and business attorneys when that is helpful.
Our attorneys have represented clients in Utah State courts at both the trial and appellate levels, including the Utah State Supreme Court and 10th Circuit Federal Court of Appeals. Our team includes multiple lawyers recognized by Utah Business Magazine’s Legal Elite and several named to Super Lawyers or Rising Stars lists. These recognitions, along with decades of combined experience, reflect the care and effort we bring to complex and sensitive legal matters.
To talk with a member of our team about your situation, call (800) 265-2314.
