Guardianship

Blog Post by Melissa Platt, Esq.

Lesson #2: Your estate plan must be updated regularly to keep up with your changing life. An estate plan that is done once, stuck on a shelf, and never looked at again will not be effective when your family needs it. Your circumstances and your assets change, so it is critical to have an on-going relationship with your lawyer so that your estate plan can reflect those changes.

Unfortunately for his family, MJ did not update his estate plan to reflect his changing circumstances. When Michael’s will was signed in 2002, Debbie Rowe (Michael’s ex-wife and disputed biological mother of two of his children) had surrendered her parental rights.

A "guardianship" establishes the legal right of one individual to make decisions regarding the physical care of another who is no longer able to make such decisions for themselves.  A "conservatorship" is similar to a guardianship, however the decision-making power granted is limited to the financial affairs of the individual over whom the conservatorship is established (the "ward").  These powers can only be granted by a court of law where jurisdiction is proper (e.g., where the ward lives).  The laws that govern these situations can be found in Title 75, Chapter 5 of the Utah Code.