Guardianship

A Guardianship Can Protect Someone From Themselves and From Others

In this country, we place great value on our personal freedom to make decisions for ourselves. That is why our government enacts and enforces laws that protect our freedoms from those who would attempt to illegitimately take them from us. The appointment of a guardian over an adult is a most serious matter and great care is taken by the courts to ensure that an adult is not unjustly robbed of those freedoms.

A Guardianship is the legal term for the appointment of an individual or institution as a decision maker with regard to the physical welfare of another. When management of only another's financial affairs is required, a related concept, Conservatorship, is used. When there is no other legal instrument (e.g., a power of attorney) that has been executed which indicates the preference of a now-incapacitated person with regard to whom should be appointed as guardian when necessary, a guardianship or conservatorship proceeding in the appropriate probate court (if the incapacitated person resides in Utah) may be the only option.

 What if it's an Emergency?

In cases where an individual is in immediate danger of physical harm, Utah law allows for the appointment of a temporary guardian. 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 can be appointed before expiration of the temporary appointment.

If you know someone who has the need of a guardian, or if you believe that an individual is inappropriately attempting to establish a guardianship, contact us to determine if a guardianship is in fact necessary.