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Utah Guardianship Planning
Support GuideUtah32 min read

Utah Guardianship Planning

How Utah guardianship and conservatorship work, the nomination forms at Utah Code 75-5-311 and 75-5-410 that bind the court, and the alternatives to a case.

By Settled Editorial

Utah splits the job of deciding for an adult who can no longer decide alone into two separate court appointments. A guardian handles the person. A conservator handles the money. Utah Code 75-5-311 and 75-5-410 both let you name your own in advance, in a signed writing, and the court has to follow your most recent nomination unless that person is disqualified or the court finds good cause not to.

The rules live in Title 75, Chapter 5 of the Utah Code, headed Protection of Persons Under Disability and Their Property. Chapter 543 of the 2025 General Session rewrote much of that chapter and added an entirely new Part 6, and Chapter 265 of the 2026 General Session amended two more sections effective May 6, 2026. Any summary of Utah guardianship written before May 2025 is describing law that has since changed. Every rule below was read on the Legislature's own versioned section pages, each of which prints its effective date and its amendment history under the text.

One boundary sets the scope of this page. Guardianship and conservatorship deal with a living person. They are not probate. A guardian's authority and responsibility end at the death of the ward under Utah Code 75-5-306(2)(a), and a separate case opens for the estate. For that side, read the Utah probate guide.

Both kinds of case are heard in the same place. Utah Code 75-1-302 gives the court jurisdiction over the protection of minors and incapacitated persons and over the estates of protected persons, and Utah Code 78A-5-102(1) gives the district court original jurisdiction in all civil matters. Utah has no separate probate court and no county-by-county forum question, so the answer is the district court in all 29 counties. Find yours through the Utah courts directory.

Read this page as a planning map rather than a filing kit. It is general information about Utah law, not advice about your family. A guardianship case removes rights from an adult, so ask a licensed Utah attorney to look at any plan or petition before you rely on it.

Guardian and Conservator Are Two Different Jobs

Utah defines both roles in the same definitions section at the front of the probate code.

  • A guardian is a person appointed by the court to make decisions about the personal affairs of an individual. The person a guardian serves is the ward. (Utah Code 75-1-201(23) and 75-1-201(66).)
  • A conservator is a person appointed by a court to manage the estate of a protected person. The person a conservator serves is the protected person. (Utah Code 75-1-201(8) and 75-1-201(48).)

The trigger word for the guardianship side is incapacitated, and Utah gives it a functional definition rather than a diagnostic one. Under Utah Code 75-1-201(25), an adult is incapacitated when the ability to receive and evaluate information, to make and communicate decisions, or to provide for necessities such as food, shelter, clothing, health care, or safety is functionally impaired to the point that the adult lacks the ability, even with appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care. Some self-help pages cite that definition to Section 75-5-201. That section is titled Status of guardian of minor and has no subsection (25). Look it up at 75-1-201(25).

Chapter 5 then splits guardianship by how much power the order hands over. Utah Code 75-5-101.1(3) defines a full guardianship as one granting all the powers available under the law, including the powers, duties, and rights a parent has over an unemancipated minor child. Utah Code 75-5-101.1(8) defines a limited guardianship as one granting less than all of those powers or otherwise restricting them.

Utah Lets an Adult Name a Guardian and Conservator in Advance

This is the part most Utah summaries skip. The state prints two short nomination forms in the statute itself, and a nomination made under either one binds the court.

Utah Code 75-5-311(1)(a) says the court shall appoint a guardian in accordance with the incapacitated person's most recent nomination, unless that person is disqualified or the court finds other good cause. Subsection (1)(b) sets three conditions: the nomination has to be made before incapacity, has to be in writing, and has to be signed by the person making it. Subsection (1)(c) then prints the form, headed Nomination of Guardian by an Adult, and asks for the nominee's name, current residence, and relationship, plus the city and state of signing and the date.

Utah Code 75-5-410(1)(c) does the same thing on the money side with a form headed Nomination of Conservator, using the same three conditions and the same shape.

Read what the sections do not say. Neither one states a witness requirement and neither one states a notary requirement, and that comes from reading the text of both sections rather than from a gap in this page. It sets up a contrast worth planning around. A Utah financial power of attorney has to be signed before a notary public or another individual authorized by law to take acknowledgments under Utah Code 75A-2-105(1)(a), while a bare nomination under 75-5-311 does not. Because the power of attorney has to be notarized anyway, signing both in front of a notary at one appointment adds no separate cost, and a notarized signature is generally harder to dispute later than an unwitnessed one.

If you never make a nomination, the court works down a statutory ladder instead. For a guardian, Utah Code 75-5-311(2) lists, in order: a person nominated by the incapacitated person by some other means while age 14 or older and with sufficient mental capacity, the spouse, an adult child, a parent (including a parent's nominee by will or signed writing), a relative the person has lived with for more than six months before the petition, a person nominated by whoever is caring for or paying benefits to the person, a specialized care professional who takes no profit beyond direct costs, any competent person or suitable institution, and the Office of Public Guardian. Utah Code 75-5-410(1) runs a parallel list for conservators, starting with a fiduciary already appointed in another state.

A Power of Attorney Can Carry the Nomination

Utah Code 75A-2-108 lets a principal nominate a conservator of the estate or a guardian of the person inside a power of attorney, for the court's consideration if protective proceedings begin later. If a petition to appoint a conservator is filed, that section directs the court to consider whether the provisions in the power of attorney are adequate to manage and protect the estate without appointing a conservator, or whether a conservator is needed anyway. Where the court does appoint, it appoints in accordance with the principal's most recent nomination absent good cause or disqualification.

Do not read that as an automatic shield. Utah Code 75-5-401(3) says a conservatorship or other protective order may not be denied solely on the basis that the person has a valid power of attorney in effect. A signed document is strong evidence that a court order would be redundant, and it stops well short of blocking the case outright. Details on the underlying document sit in the Utah power of attorney guide, which is the statutory alternative on the property side.

The Documents and Agreements That Keep a Case From Starting

Four Utah instruments do the same protective work without a court file.

  • A financial power of attorney under Title 75A, Chapter 2. Signed before a notary, it lets an agent handle money and property, and it can carry the guardian and conservator nomination described above.
  • A power of attorney for health care under Utah Code 75A-9-107. An individual may appoint an agent to make health care decisions, the document has to be in a record, signed by the individual, and signed by one adult witness, and a decision the agent makes is effective without judicial approval. That single sentence about judicial approval is why a signed directive so often makes a guardianship petition unnecessary. Read the Utah advance health care directive guide for how the current act works, because Utah replaced the old one effective January 1, 2026.
  • A supported decision-making agreement under Part 7 of Chapter 5, enacted by Chapter 533 of the 2025 General Session. Utah Code 75-5-702 says the point is to help an adult gather information, understand options, and communicate decisions, and to give a supporter legal status to be present and access information, while stopping short of substituting the supporter as the decision maker. Utah Code 75-5-703(3) states the governing principle plainly: a principal should receive the most effective, yet least restrictive and intrusive, form of support. Utah Code 75-5-704(3) sets the formalities. The agreement has to be in writing, state its effective date, designate at least one supporter, describe the supports and the types of decisions a supporter may not touch, and carry the signatures of the principal, each supporter, and either two witnesses or a notary public. This is the newest instrument in the chapter, and the one Utah aimed at the case where the need is help with decisions rather than a substitute decision maker.
  • A short-term delegation under Utah Code 75-5-103. A parent or a guardian may delegate care, custody, or property powers over a minor child or ward to another person by a properly executed power of attorney for a period not exceeding six months. The power to consent to marriage, and to the adoption of a minor ward, cannot be delegated.

A funded revocable trust does the same thing for assets, because a successor trustee steps in without a court file. The broader picture is in how to avoid probate in Utah and Utah estate planning basics.

How a Utah Adult Guardianship Case Runs

If nothing was signed and an adult can no longer decide, someone files. The procedure is at Utah Code 75-5-303, and the findings are at 75-5-304.

  1. Someone petitions. The allegedly incapacitated person, or any person interested in that person's welfare, may petition for a finding of incapacity and appointment of a guardian. (75-5-303(1).)
  2. Venue is local. Guardianship proceedings for an incapacitated person belong where the person resides or is present. If the person was admitted to an institution by court order, venue also lies in the county where that court sits. (75-5-302.)
  3. The court sets a hearing and appoints a lawyer. Unless the person already has counsel of their own choice, the court appoints an attorney to represent them. The cost falls on the allegedly incapacitated person, unless that person and their parents are indigent. If the court decides the petition had no merit, attorney fees and court costs are paid by the person who filed it. (75-5-303(2).)
  4. A medical assessment may be ordered. The court may appoint a health care provider qualified by training, education, and experience to examine functional capabilities and limitations, using evidence-based screening tools. The report covers the ability to receive and evaluate information, make and communicate decisions, and provide for necessities. The provider may interview the proposed guardian, and may not base the assessment solely or predominately on that person's opinion. (75-5-303(4).)
  5. A court visitor may investigate. The court may send a visitor to interview the person seeking appointment, to see where the allegedly incapacitated person lives now and where they would live under the requested order, and to make other observations. The visitor files a written report. (75-5-303(5).)
  6. The person attends. The allegedly incapacitated person shall be present at the hearing and see or hear all evidence bearing on their condition. Presence may be waived only if all three of the listed criteria are met: an attorney represents them, a court visitor is appointed to investigate at the petitioner's expense, and the court finds after that investigation that no reasonable accommodation would let them participate. They may present evidence, cross-examine the court-appointed health care provider and the visitor, and demand a trial by jury. (75-5-303(6).)
  7. The court makes two findings. A guardian may be appointed only on clear and convincing evidence that the person is incapacitated and that the appointment is necessary or desirable as a means of providing continuing care and supervision. (75-5-304(1).)
  8. A limited order is preferred. The court shall prefer a limited guardianship and may grant a full one only if no other alternative exists, and it has to make a specific finding that nothing less than a full guardianship is adequate. A limited order states its limitations, and so do the letters of guardianship unless the court finds good cause to leave a limitation off. (75-5-304(2).)

One narrow exception to the right to counsel deserves a flag, because families hit it. Utah Code 75-5-303(6)(e) lets the court proceed without an attorney for the allegedly incapacitated person only when all seven listed conditions are met at once, including that the person is the petitioner's biological or adopted child, that the value of the person's entire estate does not exceed $20,000, that the person appears in court, that they get a real chance to accept or object, that no attorney from the court's volunteer list can serve within 60 days, and that a court visitor is appointed and files a report.

Emergency and Temporary Appointments

Some situations will not wait for that process, and Utah caps how long a shortcut can last.

An emergency guardian may be appointed without notice when an incapacitated person has no guardian and an emergency exists, or when an appointed guardian is not effectively performing and the court finds the welfare of the incapacitated person requires immediate action. The appointment runs for a specified period not to exceed 30 days, pending notice and a hearing. On request by an interested person after that appointment, the court shall hold a hearing within 14 days under the ordinary 75-5-303 procedure. (Utah Code 75-5-310.)

A temporary guardian works differently, because it comes after notice and a hearing rather than before one. On a finding of good cause, the court may appoint a temporary guardian, convert an emergency guardian into one, or swap in a different person. The court appoints an attorney if the person does not already have one. A temporary guardian takes care and custody, may not permit the person to be removed from the state, holds all the powers and duties of a permanent guardian under 75-5-312, may be removed at any time, and suspends the authority of any permanent guardian already appointed. The order runs until a full hearing and further order of the court. (Utah Code 75-5-310.5.)

The One Track Where Utah Prefers a Full Guardianship

This is the part that breaks most copied summaries, and it entered the code only in 2025.

Part 6 of Chapter 5 covers an individual with a severe intellectual disability, defined at Utah Code 75-5-601(1) as an adult with lifelong functional limitations to the extent that the adult is incapacitated, who has a diagnosis from a physician or psychologist of a severe intellectual disability that has existed since the adult was a minor. The definition excludes an adult who had capacity at one time or may regain it.

Utah Code 75-5-602(1) applies the part only where a signed letter or report from a physician or psychologist says the adult meets that description, and 75-5-602(2) switches Part 3 off for those cases except where the part says otherwise. So the general procedure above is not the one that runs.

Then the preference inverts. Utah Code 75-5-609(2)(b) directs the court to prefer a full guardianship for a respondent it finds is an individual with a severe intellectual disability, and 75-5-609(2)(c) requires the order to state that the respondent does not have capacity to execute or consent to any contract or written agreement. If the court orders a limited guardianship instead, the rights at 75-5-301.5 apply and the order has to state the limitations. Any page that reports Utah's limited-guardianship preference as a flat rule is wrong for this entire track.

The priority ladder also differs. Utah Code 75-5-610(1) starts with a parent, then an adult sibling, a grandparent, an adult relative the individual has lived with for more than 180 days before the petition, one of the closest adult relatives, a specialized care professional taking no profit beyond direct costs, a competent person or suitable institution, and the Office of Public Guardian. The court may name coguardians, who share legal decision-making with neither one superior unless the court says so. Emergency and temporary appointments under Utah Code 75-5-608 repeat the same numbers as the general track: 30 days maximum for an emergency guardian, with a hearing within 14 days on an interested person's request.

Conservatorship, the Money Side

A protective proceeding runs on its own findings. Under Utah Code 75-5-401(2), the court may appoint a conservator for an adult if it determines both that the person is unable to manage property and affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance, and that property will be wasted or dissipated unless proper management is provided, or that funds are needed for support, care, and welfare. A separate route at 75-5-401(1)(a) covers a minor who owns money or property needing management, and 75-5-401(1)(b) can extend it past minority up to age 21.

Four features shape the planning.

  • Who files. The person to be protected, anyone interested in their estate, affairs, or welfare, including a parent, guardian, or custodian, or anyone who would be adversely affected by poor management may petition. (75-5-404(1).)
  • Notice is personal. The person to be protected and their spouse, or their parents if there is no spouse, must be served personally at least 10 days before the hearing if they can be found in the state. (75-5-405(1).)
  • The court can act without appointing anyone. Where a basis exists, the court may authorize, direct, or ratify a protective arrangement or a single transaction, such as a sale, a lease, a contract for care, or the creation of a suitable trust, and may name a special conservator just to carry it out and then be discharged. (75-5-409.)
  • Bond is the default here, and not for guardians. The court shall require a conservator to furnish a bond unless it dispenses with one for good cause shown, generally in the amount of the estate's capital value plus one year's estimated income, less restricted deposits and land the fiduciary cannot sell without a court order. (75-5-411.) By contrast, a guardian who comes into possession of a ward's funds may be required to post a bond on the same terms. (75-5-105.)

After appointment, a conservator acts as a fiduciary under the standards of care at Utah Code 75B-2-902 (75-5-417(1)), and files a complete inventory under oath with the appointing court within 90 days, with a copy to the protected person if that person can be located, is 14 or older, and can understand it. Trust assets are excluded from that inventory. (75-5-418.)

Naming a Guardian for a Minor Child

The minor rules sit in Part 2, and they reward planning more than any other part of the chapter.

A parent of an unemancipated minor may appoint a guardian by will under Utah Code 75-5-202(1), or by another written instrument under 75-5-202.5. Either appointment becomes effective on the guardian filing an acceptance, and only if both parents are dead or the surviving parent has been adjudged incapacitated before that acceptance. If both parents are dead, the appointment by the parent who died later has priority, and the latest document executed by that parent wins. (75-5-202(2) and (3), 75-5-202.5(2).)

The written-instrument route carries its own checklist. Utah Code 75-5-202.5(1) asks for the instrument to be filed with the petition in the court with probate jurisdiction in the county where the last parent to die resided, plus an affidavit of acceptance stating the minor's name, address, and age, the appointee's contact details, that both parents are dead or the survivor was adjudged incapacitated, which parent died last and where, that the appointee knows of no superseding appointment, and that the appointee accepts.

Four more rules decide how a Utah judge handles it.

  • Objections have a 30-day window. Anyone interested in the minor's welfare, and a minor aged 14 or older, may file a written objection before the appointment is accepted or within 30 days after notice of acceptance. An objection does not block a later court appointment of the same nominee after a hearing. (75-5-203.)
  • A named guardian outranks a court pick. A guardian appointed by will or written instrument has priority over any court-appointed guardian, unless the court finds they failed to accept within 30 days after notice of the proceeding. (75-5-204(2).)
  • Teenagers get a vote. The court shall appoint a person nominated by the minor if the minor is 14 or older, unless it finds the appointment contrary to the minor's best interests. (75-5-206(2).)
  • The standard is lower than for adults. After a hearing, the court may appoint on a preponderance of the evidence that a qualified person seeks appointment, venue is proper, notice was given, the conditions in 75-5-204 and 75-5-206 are met, and the minor's welfare and best interests will be served. (75-5-207(2)(a).) If necessary, the court may name a temporary guardian whose authority may not last longer than six months. (75-5-207(3).)

A will is the route Utah Code 75-5-202(1) names for that choice, with the written instrument at 75-5-202.5 as the alternative. Utah will requirements sets out what Utah asks of a will's execution.

Reports, Accountings, and the $5,000 Penalty

Both roles carry annual duties, and Utah sets the same dividing line for each.

Where no conservator has been appointed, a guardian sends the court a report with a full accounting every year for an estate over $50,000 excluding the residence owned by the ward, and fills out an informal annual report mailed to the court for an estate below that line. (Utah Code 75-5-312(2)(k).) A guardian also files an annual accounting of the ward's status, covering physical and mental condition, the estate in the guardian's possession, and the ward's residence and household. (75-5-312(2)(l).) Utah Code 75-5-417(2) states the same two-tier rule word for word for conservators. Every accounting report lists assets at the start and end of the year, income, disbursements for support, investments or trusts held for the ward, fees charged to the estate, and other expenses.

The enforcement is a civil penalty, and it points both ways. A court may impose a penalty of up to $5,000 on a guardian who makes a substantial misstatement on an annual report filing, is guilty of gross impropriety in handling the ward's property, or willfully fails to file after written notice from the court and a two-month grace period. The court may also order restitution of misappropriated funds, and the penalty is paid by the guardian and may not be paid by the ward or the ward's estate. (75-5-312(7)(a) to (c).) Utah Code 75-5-417(5) mirrors that for conservators and corporate fiduciaries. Neither section names a criminal offense, so read it as a fine imposed inside the guardianship case rather than a criminal charge.

One exemption changes the answer for the most common family arrangement. The annual-report provisions and these penalties do not apply where the guardian or a coguardian is the parent of the ward (75-5-312(7)(d)), and the same carve-out appears for a conservator who is the parent (75-5-417(6)).

What It Costs to Open a Case

Utah sets court fees by statute rather than by county, so the number is the same in every one of the 29 counties.

FilingFeeAuthority
Petition for guardianship or conservatorship, general rate$375Utah Code 78A-2-301(1)(a)
Guardianship petition where the prospective ward is the petitioner's biological or adoptive child$35Utah Code 78A-2-301(1)(b)(vii)
Expedited limited guardianship for a Utah State Developmental Center residentWaivedUtah Code 75-5-316(2)

Two notes on that table. The Utah Judiciary's own fee schedule labels the $35 row "Guardianship of an Adult Disabled Child," which is narrower than the statute, because 78A-2-301(1)(b)(vii) states no adulthood test and no disability test. Quote the statutory condition. And the expedited route at 75-5-316 is genuinely free: subsection (2) says any fee for filing a petition for a limited guardianship shall be waived if the petitioner proceeds under that section, which covers a limited guardianship for a Utah State Developmental Center resident solely to consent to medical care and to take part in approving the individualized program plan.

Check the figures again after January 1, 2027. The current version of 78A-2-301 took effect May 6, 2026 and carries a scheduled end date of January 1, 2027, so a new version of that section is already queued.

Rights the Court Cannot Waive

Utah Code 75-5-301.5 is the reason the date a guardianship was granted matters. For a guardianship granted on or after May 7, 2025, subsection (3) gives the incapacitated person a list of rights that includes counsel at any time after the guardian is appointed, copies of everything filed, the ability to raise concerns or complaints about the guardian directly with the court, the greatest degree of freedom consistent with the reasons for the guardianship, services at a reasonable rate with court review of any request for payment, prudent financial management, a copy of the accounting report, and the ability to ask the court to review the guardian's management or to restore capacity. Subsection (4) then says the court may not waive, suspend, or limit any of them.

A second list in subsection (5) covers participation in the care plan, deference to stated preferences about residence and standard of living, control over everything not granted to a limited guardian, privacy, contact with relatives and friends, timely health care, an allowance out of the ward's own income, and help maintaining a bank account. Those the court may waive or limit, but only on an interested party's request and a finding by clear and convincing evidence of a compelling reason. (75-5-301.5(6).)

For a guardianship granted before May 7, 2025, subsection (2) applies the statutory provisions in effect on the date the guardianship was granted instead. And subsection (8) lets any of these rights be raised inside the guardianship case or enforced through a private cause of action.

Ending a guardianship is also easier than most families expect. Under Utah Code 75-5-306(1), the ward or any person interested in the ward's welfare may petition for an order that the ward is no longer incapacitated, and the request may be made by informal letter to the court. A court may set a period of up to one year during which no such petition may be filed without leave, and anyone who knowingly interferes with such a request may be sanctioned.

Planning Ahead Compared With a Court Case

Signed in advanceCourt guardianship or conservatorship
When it is set upWhile you still have capacityAfter capacity is lost, by petition
Who actsThe agent or supporter you choseThe person the court appoints
Source of authorityYour signed documentA Utah district court order
Who picks the personYou, and 75-5-311(1)(a) binds the court to your most recent nominationThe court, working down the 75-5-311(2) ladder
Proof required to startYour own signatureClear and convincing evidence of incapacity
Cost to beginNotary fee$375, or $35 for a petitioner's own child
Ongoing court filingsNoneAnnual accounting or informal report, plus a status report
Who can undo itYou, at any timeThe court, on petition under 75-5-306

The Utah Instruments, and How They Stack

Utah's advance instruments are separate documents with separate formalities, and each covers a different piece of what a court order would otherwise cover. Which of them fits a particular family, and in what combination, is the question a licensed Utah attorney answers.

  1. A financial power of attorney under Utah Code 75A-2-105, signed before a notary, covering money and property. It can name a successor agent.
  2. A power of attorney for health care under Utah Code 75A-9-107, in a record, signed by the individual and one adult witness.
  3. A nomination of guardian and conservator, carried either inside the power of attorney under 75A-2-108 or on the standalone forms printed at 75-5-311(1)(c) and 75-5-410(1)(c). A nomination can name a backup.
  4. A supported decision-making agreement under Utah Code 75-5-704, with two witnesses or a notary, for the adult who needs help with decisions rather than a substitute decision maker.
  5. A guardian for minor children, named by will under 75-5-202(1) or by written instrument under 75-5-202.5.
  6. A revocable trust, where the aim is a successor trustee managing assets without a court file.

Where a court case is already the answer rather than something to plan around, the Utah guardianship overview gathers the Title 75 Chapter 5 filing steps, the guardian and conservator split and the court contacts on one page.

Two practical points sit alongside the documents rather than inside them. An instrument nobody can find does not operate, so where the originals are kept and who knows about them matters. And because these turn on marriage, health and residence, a plan written years ago may no longer describe the situation it was written for, which is separate from the point above that Title 75 Chapter 5 itself changed substantially in 2025 and 2026.

Frequently Asked Questions

What is the difference between a guardian and a conservator in Utah?

A guardian is appointed to make decisions about a person's personal affairs, and a conservator is appointed to manage a protected person's estate. Utah Code 75-1-201(23) and 75-1-201(8) draw the line. They are two separate appointments, though Utah Code 75-5-101.5(2) lets the court consolidate the guardianship and the protective proceeding when both are pending in the same court for the same person.

Can I choose my own guardian in Utah before I lose capacity?

Yes. Utah Code 75-5-311(1) directs the court to appoint in accordance with your most recent nomination unless the person is disqualified or the court finds good cause otherwise. The nomination has to be made before incapacity, be in writing, and be signed by you, and the statute prints the form. Utah Code 75-5-410(1)(c) does the same for a conservator.

Does Utah prefer a limited guardianship?

In most cases yes. Utah Code 75-5-304(2)(a) tells the court to prefer a limited guardianship and to grant a full one only when no other alternative exists, with a specific finding that nothing less is adequate. The preference flips under Part 6: for an adult with a severe intellectual disability, Utah Code 75-5-609(2)(b) directs the court to prefer a full guardianship.

How long can an emergency guardianship last in Utah?

No more than 30 days. Utah Code 75-5-310(1) lets the court appoint an emergency guardian without notice for a specified period not exceeding 30 days pending notice and hearing, and subsection (2) requires a hearing within 14 days on an interested person's request. Part 6 repeats both numbers at 75-5-608.

What does it cost to file a guardianship petition in Utah?

$375 under Utah Code 78A-2-301(1)(a) in most cases. The fee drops to $35 where the petition is for guardianship and the prospective ward is the biological or adoptive child of the petitioner, under 78A-2-301(1)(b)(vii). An expedited limited guardianship for a Utah State Developmental Center resident carries no fee at all under 75-5-316(2).

Can a Utah guardianship be ended?

Yes. Utah Code 75-5-306(1) lets the ward or any person interested in the ward's welfare petition for an order that the ward is no longer incapacitated, and the request may be made by informal letter to the court. The court follows the same safeguards it uses for an appointment, and a court may bar a repeat petition for up to one year without leave.

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Information current as of August 28, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Utah can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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