Legal Guardianship & Conservatorship in Utah: Protecting Loved Ones

Life has a way of catching us off guard.

One moment, everything feels stable — routines are familiar, the people we love are healthy, independent, and making their own decisions. Then something shifts. A diagnosis. An injury. The quiet progression of aging. And suddenly, someone you love needs help — real, legal, meaningful help.

That’s where guardianship and conservatorship come in.

These legal tools exist to protect those who can’t protect themselves — whether that’s an aging parent slipping into dementia, an adult child with special needs, or a spouse who has lost the ability to make sound decisions.

If you’re in Utah and wondering what your options are — or if you’re simply feeling overwhelmed and unsure where to begin — this guide is for you.

Let’s walk through it together.

What is Legal Guardianship in Utah?

Guardianship is a legal arrangement where a court appoints someone (the guardian) to make decisions for another person (the ward) who is no longer able to make decisions on their own.

In most cases, guardianship in Utah is used to help:

• Seniors with advanced dementia or Alzheimer’s
• Adults with disabilities
• Children who’ve lost both parents or whose parents are unable to care for them

A guardian might help decide:

• Where the ward lives
• What kind of medical care they receive
• Whether they need mental health treatment
• What services and support they access

In other words, a guardian becomes a legal decision-maker — not to control someone’s life, but to protect it.

For detailed information on the guardianship process in Utah, visit the Utah State Courts’ Guardianship and Conservatorship page.

Real Life, Real People

Let me tell you about Sam.

Sam was a 34-year-old man with a developmental disability. His mother had always looked after him, handling his doctor’s appointments, medications, and daily routines. When she passed away unexpectedly, Sam was left vulnerable — emotionally and legally.

His sister, Leah, called us not long after. She was scared. She loved her brother deeply but had no idea how to step into her mom’s shoes.

We helped Leah file for guardianship. We walked her through the court process, made sure she understood her responsibilities, and helped her become the steady hand Sam needed.

Today, Sam is thriving — not just surviving — because his sister had the courage to ask for help.

And What About Conservatorship?

Conservatorship is the financial side of this equation.

If your loved one can’t manage their money, pay bills, protect their assets, or even understand what a scam looks like, the court may appoint a conservator to handle their finances.

This might include:

• Paying rent, utilities, or other bills
• Managing retirement accounts or investments
• Budgeting for long-term care
• Filing taxes
• Preventing financial exploitation

Some people need both a guardian and a conservator. Others might just need one or the other, depending on their mental, emotional, and physical condition.

For more details on conservatorship procedures, refer to the Utah State Courts’ Conservatorship page.

Guardianship vs. Conservatorship: What’s the Difference?

Here’s a simple way to remember it:

• Guardianship = Personal decisions
• Conservatorship = Financial decisions

They’re separate legal roles — and either one can be tailored to fit the needs of the individual.

For instance, someone might still be perfectly able to make their own medical decisions but completely overwhelmed by managing a retirement account or a mortgage. In that case, a conservator could be appointed without a guardian.

It’s not one-size-fits-all. Utah courts look at the least restrictive option — always aiming to preserve as much independence as possible.

The Legal Process in Utah

The process of becoming a guardian or conservator in Utah isn’t quick — and that’s by design. The court takes these decisions very seriously because it involves taking away a person’s legal rights.

Here’s what the basic process looks like:

1. File a Petition

You’ll start by filing a petition in the Utah probate court in the county where the individual resides. This petition outlines why guardianship or conservatorship is needed and what type of authority you’re asking for.

2. Provide Notice

Utah law requires that all interested parties — including the person you’re seeking guardianship over — be notified of the petition. They have the right to respond, support, or object.

3. Court Investigation

In many cases, the court appoints a court visitor — a neutral third party who interviews everyone involved and writes a report with recommendations for the judge. The person you’re seeking guardianship over may also be appointed an attorney to represent them.

4. The Hearing

This is your chance to tell the judge why guardianship or conservatorship is necessary. The judge reviews all the evidence, including the court visitor’s report and any objections, before making a decision.

5. Ongoing Duties

If granted, you’ll be required to file annual reports with the court. This ensures transparency and that you’re acting in the ward’s best interest.

For comprehensive guidelines on the appointment process, consult the Utah State Courts’ Bench Book for Adult Guardianship and Conservatorship.

Are There Alternatives to Guardianship?

Yes — and if they work, the court prefers them.

Guardianship and conservatorship are last resorts. Before stripping someone of their rights, Utah courts will explore whether there are other options that protect the person without taking away their decision-making authority.

Here are a few alternatives to consider:

• Power of Attorney – Allows someone to make decisions on another’s behalf, with consent.
• Health Care Directive – Lets someone choose who will make medical decisions if they become incapacitated.
• Living Trusts – Can manage assets without involving the court.
• Joint Bank Accounts – Allow shared financial access.
• Representative Payee – Handles Social Security or disability benefits without full conservatorship.

If the person still has capacity, even limited, these tools might offer a gentler solution. For more information on alternatives, visit the Utah Courts’ Guardianship and Conservatorship page.

Emotional Considerations: The Heart of It All

We know this isn’t just a legal issue.

It’s emotional. Deeply so.

You might be struggling with guilt. You may be afraid that you’re stepping on toes, or that your loved one will feel betrayed. Or maybe you’re just exhausted — trying to juggle caregiving, work, and your