Utah Guardianship Conservatorship

Guardianship and conservatorship in Utah are court-supervised proceedings that appoint someone to make personal and financial decisions for an incapacitated adult. Under Utah Code Title 75, Chapter 5, a guardian handles personal and medical decisions, while a conservator manages financial affairs. These proceedings are necessary when no less restrictive alternative exists.

Last updated: June 2026

Guardianship and conservatorship are among the most significant legal proceedings in Utah probate law because they remove fundamental rights from an individual. The court must balance the need to protect vulnerable adults from harm or exploitation against the individual’s right to autonomy and self-determination. Utah law addresses this balance by requiring clear evidence of incapacity before appointing a guardian or conservator and by favoring less restrictive alternatives.

The need for guardianship or conservatorship often arises when an individual has not executed advance planning documents such as a durable power of attorney or medical power of attorney. Without these documents, family members may have no legal authority to manage the individual’s affairs during incapacity, forcing them to seek court intervention. This is why comprehensive estate planning is so important.

What is the difference between guardianship and conservatorship in Utah?

Under Utah Code Section 75-5-101, guardianship and conservatorship serve different purposes. A guardian is responsible for the personal care of the protected person, including decisions about medical treatment, living arrangements, education, and daily activities. A conservator is responsible for the financial affairs of the protected person, including managing assets, paying bills, investing funds, and making financial decisions. The same person may serve as both guardian and conservator, or different individuals may serve in each role.

The court may appoint a guardian only without a conservator if the individual can manage their own finances but needs assistance with personal decisions. Conversely, the court may appoint a conservator only without a guardian if the individual can make personal decisions but needs assistance managing finances. The scope of each appointment is tailored to the individual’s specific needs.

When is guardianship or conservatorship necessary in Utah?

Guardianship or conservatorship is necessary when an individual lacks capacity to make or communicate responsible decisions about their person or property, and no less restrictive alternative is available. The incapacity may result from mental illness, developmental disability, dementia, traumatic brain injury, or other conditions that impair decision-making ability. The incapacity must be demonstrated by clear and convincing evidence at a court hearing.

Less restrictive alternatives that may avoid the need for guardianship or conservatorship include a durable power of attorney for financial matters, a medical power of attorney for healthcare decisions, a revocable living trust for asset management, representative payee arrangements for Social Security benefits, and supported decision-making agreements. If any of these alternatives is available and adequate, the court will typically decline to appoint a guardian or conservator.

How do you obtain guardianship or conservatorship in Utah?

The process begins by filing a petition with the district court in the county where the alleged incapacitated person resides. The petition must include detailed information about the individual’s condition, the specific areas of incapacity, and why less restrictive alternatives are insufficient. The court appoints a visitor, who is typically a social worker or other qualified professional, to interview the individual and prepare a report for the court.

The alleged incapacitated person has the right to legal representation at all stages of the proceeding. Under Utah Code Section 75-5-303, the court must appoint an attorney to represent the individual if they cannot afford one or if the court determines that legal representation is necessary to protect their interests. A court hearing is held where evidence of incapacity is presented, and the individual has the right to be present, present evidence, cross-examine witnesses, and contest the petition.

What are the duties of a guardian in Utah?

A guardian under Utah Code Section 75-5-312 has the duty to ensure that the protected person receives appropriate care, including medical treatment, food, clothing, shelter, and supervision. The guardian must make decisions that are in the best interests of the protected person and, to the extent possible, should consider the protected person’s expressed wishes and preferences. The guardian must also file annual reports with the court detailing the protected person’s condition, living situation, and the services being provided.

The guardian’s authority is limited to the powers specifically granted by the court. The court may grant full guardianship, which gives the guardian authority over all personal decisions, or limited guardianship, which restricts the guardian’s authority to specific areas such as medical decisions or living arrangements. The guardian must respect the protected person’s autonomy in areas where the person retains capacity.

What are the duties of a conservator in Utah?

A conservator under Utah Code Section 75-5-417 has the duty to manage the protected person’s financial affairs prudently. This includes collecting and protecting assets, paying bills, investing funds, filing tax returns, and making financial decisions in the protected person’s best interests. The conservator must keep accurate records of all transactions and file annual accountings with the court showing all receipts and disbursements.

The conservator must act as a fiduciary, putting the protected person’s interests ahead of their own. Self-dealing and conflicts of interest are strictly prohibited without court approval. The court may require the conservator to post a bond to protect the protected person’s assets from mismanagement or loss. The conservator may be surcharged for losses caused by breach of fiduciary duty.

Under Utah Code Section 75-5-101, the court must prefer a limited guardianship over a full guardianship whenever possible, preserving the incapacitated person’s right to make decisions in areas where they retain capacity.

Utah Code Section 75-5-101

How can guardianship and conservatorship be avoided?

The best way to avoid guardianship and conservatorship is through proactive estate planning. A durable power of attorney allows someone you trust to manage your finances without court involvement. A medical power of attorney (advance healthcare directive) allows someone to make medical decisions for you. A revocable living trust can hold your assets and provide for management by a successor trustee if you become incapacitated.

These documents are less restrictive than guardianship or conservatorship because they allow you to choose who will make decisions for you, they take effect without a court proceeding, and they can be tailored to your specific needs and preferences. Most importantly, they preserve your privacy and dignity by avoiding the public court process. Every adult should have these documents in place as part of a comprehensive estate plan.

Need help with Utah guardianship or conservatorship?

Guardianship and conservatorship proceedings are serious matters that affect fundamental rights. Whether you are seeking appointment or responding to a petition, experienced legal guidance is essential. Proactive estate planning can often avoid the need for these proceedings entirely.

Written by Jeremy Eveland, a Utah estate planning attorney helping families navigate guardianship and conservatorship proceedings and plan to avoid them.

This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.