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PROVIDING SUPPORTIVE LEGAL SERVICES FOR INDIVIDUALS AND FAMILIES
It can be very distressing to watch a loved one lose the ability to make their own decisions or manage their own affairs, be it due to age, mental illness, prolonged drug use, or disability. However, Utah law allows one to petition for guardianship on behalf of such incapacitated individuals in order to protect their interests and handle their affairs.
This is a complex process, and it can be challenging to establish a clear need for guardianship without the assistance of an experienced legal professional. Our team can counsel you regarding the types of guardianship available, and help you determine the right course of action for your situation.
If you would like to learn more or are interested in a form of guardianship, contact our law offices right away to schedule a free initial consultation with an experienced attorney.
WHAT IS ADULT GUARDIANSHIP?
The Utah probate system has provisions allowing an individual, referred to as the “guardian,” to make legal decisions on behalf of an incapacitated person, referred to as the “ward.”
State law maintains strict criteria for what it means to be “incapacitated” and in need of adult guardianship. First, a court hearing will be conducted in order to determine whether the individual meets these criteria. The court will evaluate the individual’s ability to competently make and communicate decisions. If the judge finds that the individual cannot make responsible decisions due to a deficit of capacity or understanding, the court may deem them “incapacitated” and appoint a guardian to protect their interests and safety.
When possible, limited guardianship is preferred over full, or “plenary,” guardianship as it preserves certain rights on the part of the ward. Nevertheless, if the courts decide that a limited guardianship does not adequately address the needs of the situation, a plenary guardianship may be granted.
Full guardianship grants the appointed guardian the same rights in relation to the ward that a parent has in relation to their minor child. However, it is important to note that guardians are not legally obligated to provide care or financial support for the ward, regardless of the type of guardianship granted.
WHO CAN BE APPOINTED AS A GUARDIAN?
State law prioritizes the proposed ward’s preference when determining who should serve as guardian on their behalf. However, if no selection is made by the proposed ward, priority is given to other individuals, including:
- A spouse
- An adult child
- A parent
- A specialized care professional
- A relative with whom the proposed ward has lived for at least six months before the filing of a petition for guardianship
- An individual nominated by one who is providing care to the proposed ward
Before being appointed as an adult guardian, an individual must take a test assessing their knowledge of the responsibilities and rights involved in guardianship. After passing the test, the individual must file a Certificate of Completion with the court.
If you have been selected by a proposed ward to act as guardian, or if you wish to request guardianship, contact the Woods Cross, UT law office of Fontenot Law, P.C., and schedule a meeting with an adult guardianship attorney who can assist you with your legal needs.
WHAT DECISIONS CAN AN ADULT GUARDIAN MAKE FOR A WARD?
The degree of authority of an adult guardian over a ward can vary greatly based on the type of guardianship ordered by the court. Utah law stipulates that in a limited guardianship, the guardian has legal authority only to make decisions previously outlined in a court order. Under full guardianship, by contrast, the guardian is legally authorized to make a majority of decisions on behalf of the ward.
Often, the court will appoint a conservator to make decisions regarding the ward’s assets and other financial matters, including overseeing bank accounts, healthcare matters, and investments. In cases where the ward is not placed under conservatorship, the guardian will assume many of these same duties.
If you would like more information about the decisions an adult guardian is authorized to make, contact our Woods Cross, UT, law office to speak to an experienced professional.
CAN I COUNT ON FONTENOT LAW, P.C. TO PROVIDE COMPASSIONATE LEGAL ASSISTANCE?
At Fontenot Law, P.C., we recognize that the prospect of requesting adult guardianship for a loved one can be overwhelming. It can be difficult to accept when your previously-independent family member or close friend has become incapacitated and needs someone to protect their interests.
Despite these difficulties, adult guardianship is sometimes necessary to ensure that the ward is not taken advantage of and does not make decisions that will hurt them in the long run.
Our attorneys have extensive experience assisting with adult guardianship legal issues. Our legal team will always treat clients with the care and compassion they deserve as they navigate this difficult chapter of their lives.
If you wish to be named as an adult guardian or have questions regarding the legal process, contact our law office at 801-448-0156 and schedule an appointment with one of our experienced attorneys.