New Guardianship Procedures for Guardianship Cases in Salt Lake City

I don’t normally do this, but the Third District Court in Salt Lake is changing its procedures for guardianships. Since there are a lot of people who do guardianships of a minor or guardianships of an incapacitated adult without an attorney, I thought this update might be helpful.

Here is the email from the court about changes to the guardianship procedures.

Dear Bar Members:
The Probate Rules and Mediation Subcommittee is pleased to announce that Judge Robert Faust will be presiding over the Probate calendar in the Third District Court in Salt Lake County for the first two-year rotation. You may have already received a notice for upcoming hearings with the revised schedule, but for your reference, probate matters will continue to be heard on Wednesday mornings, according to the revised schedule below:
8:30 to 9:00 Minor Guardianships
        Appointment and removal of guardians; termination of guardianships
        Temporary or emergency guardianships
9:00 to 9:30 Probate Matters
        Determination of heirs; adjudication of intestacy and appointment of PR
        Modification and termination of trusts
        Approval of final settlement and distribution
        Approval of sale of estate property
        Creation of special needs trusts
9:30 to 10:30: Guardianships and Conservatorships of Incapacitated Persons
        Appointment of court visitor and counsel for proposed protected person
        Review of physician’s report(s); determination re: limited or full guardianship and/or conservatorship
        Appointment of guardian and/or conservator; approval of guardianship or conservatorship plan; determine amount of conservator bond
        Emergency guardianship or conservatorship
        Petitions filed pursuant to Section 75-5-416 (accountings, proposed distributions, instructions to conservators)
        Review and approval of conservator reports
10:30 to 11:30: Pre-Mediation Conferences
        Identify interested parties, issues in dispute
        Identify documents and other information to be produced prior to mediation; determine if pre-mediation discovery is permitted
        Determine how the cost of mediations ill be paid; address any other issues, e.g., interpreters, notice
        Address requests to waive mediation requirement
        Entry of mediation order
Monthly afternoon calendar that may include the following:
        Informal probate trials
        Orders to Show Cause
        Review hearings
        Restoration of capacity hearings
To set hearings on the probate calendar, email Joanne Sayre at [email protected]  or call the probate team at (801) 238-7164. DO NOT contact Judge Faust’s clerks.
Probate Team:
Beth   238-7390
Betsy  238-7151
Cheryl 238-7329
Dorian 238-7185
Mirella 238-7063
Published On: February 14th, 2019Categories: Child CustodyComments Off on New Guardianship Procedures for Guardianship Cases in Salt Lake City
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About the Author: Marco Brown
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Marco C. Brown was named Utah’s Outstanding Family Law Lawyer of the Year in 2015. He graduated with distinction from the University of Nebraska College of Law in 2007 and is currently the managing partner of Brown Family Law, LLC.
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