Guardianship – sometimes called conservatorship – is a legal relationship assigned by the court that gives legal authority to an individual or institution to care for minors, incompetent adults, or incapacitated individuals. The court may also appoint a guardian to provide special protection for individuals who are unable to make safe decisions regarding their person or property.
Because establishing guardianship is such an important process, petitioning for guardianship over children or incompetent adults in Utah requires substantial evidence that the arrangement is in the ward’s best interest.
The court will require:
- Interviews of all interested parties
- A psychological evaluation
- A home visit or inspection
- Background checks to ensure the safety and well-being of the ward
If you are seeking guardianship in Utah, it is important to have an experienced and compassionate family law attorney to help navigate confusing guardianship laws. Our experienced guardianship attorneys in Salt Lake County have the knowledge and resources to help you petition the court for guardianship and understand the requirements you will have to meet to become a legal guardian in Utah.
Call (801) 515-4133 today to schedule your consultation.
The Responsibilities of Legal Guardians of Children
There are many responsibilities that come with being the legal guardian of a child. It is not something to be taken lightly – you will in effect be acting as a parent and taking on all the responsibilities that come with raising a child until he or she is 18. You must be dedicated and consider the added financial obligations and how it will affect your family, job, and health.
We encourage you to think about the following questions carefully to be sure you are ready to become a guardian:
- Will the child’s parents support my guardianship?
- Am I physically able to provide the stability and continuous care a child requires?
- Can I afford additional expenses like clothing, healthcare, and education?
- Will I be ready to accept full liability for the child’s actions?
- How will legal guardianship affect my own children?
- Do I want to commit to legal guardianship until the child is 18?
Legal Guardianship or Power of Attorney over an Adult
Petitioning guardianship over an adult in Utah can be a lengthy process, but that is just the first step. You must define the type of responsibility and authority you will gain as a legal guardian to the court. The power of attorney option is handled out of court and will not require court supervision.
If the person can communicate and still make some decisions, a power of attorney will allow them to appoint someone to handle their affairs. If the individual is incapacitated and is no longer able to communicate or make decisions, they will benefit from a legal guardian.
Guardianship responsibilities and power of attorney authority may include:
- Provide stability and continuous care
- Authority to make decisions about expenses and spending
- Important long-term and emergency medical care decisions
- Deciding your ward’s living arrangements
- Control of the ward’s estate, property, and assets
- The responsibility for making difficult end-of-life decisions
Contact Eric M. Swinyard & Associates, PLLC
You can trust our skilled Salt Lake County guardianship attorneys to help you map out a comprehensive strategy so that you’ll be able to plan accordingly for your future as a guardian and the future of your ward. Eric M. Swinyard & Associates, PLLC in South Jordan offers client-focused and results-driven counsel in guardianship cases.
Call us at (801) 515-4133 now to request a consultation.
ExperiencedThe right attorney makes all the difference. Our attorneys are experienced, transparent and dedicated to your goals.
30-Min ConsultationWe understand that you have questions, our Firm will provide you with a 30-minute no-obligation consultation with an Attorney.
PreparationFamily Law matters are complex; we ensure that all of our clients are thoroughly educated and prepared along the way.
Personalized ApproachNo two cases are the same. Our Approach is tailored specifically to your goals.
We offer the results-driven counsel you are seeking, serving clients with poise and
compassion every step of the way. Call (801) 515-4133 now or complete the form below
to get started with a consultation.