Conservatorship

Protecting the Property of an Incapacitated Person

In Utah, the legal term "conservator" is used to describe a person or an institution that has been appointed by the court as a protector of the property of an incapacitated person ("ward").  Unlike a guardian, a conservator is charged with protecting and prudently investing the personal property of the ward.  A conservator does not have the authority to make decisions regarding the ward's physical welfare, as does a guardian.

When an individual has failed to execute powers of attorney, advance health care directives or a trust with provisions for dealing with the incapacity of the trust creator, often, the only way to legally protect that person is to seek a guardianship or conservatorship in the state courts. Although the process is not particularly simple, it is designed to protect the ward from those who would seek to exploit them through such a grant of authority. 

What if it's an Emergency?

In cases where an individual is in immediate danger of financial exploitation or physical harm, Utah law allows for the appointment of a temporary guardian and/or conservator. This can be completed within a matter of days or hours rather than the typical time-span of a proper guardianship proceeding. However, one must prove to the judge that there is in fact an emergency.

An emergency guardianship petition is typically filed with a standard petition so that a permanent guardian is appointed before expiration of the temporary appointment.

If you believe that someone you know is in need of a conservatorship, contact us to schedule a consultation.