Utah Guardianship and Conservatorship

When an adult can no longer manage their own care or finances, a Utah court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.

Based on Utah Code 75-5-101.1 through 75-5-709 (Title 75, Chapter 5, Protection of Persons Under Disability and Their Property)

By Settled Estate EditorialPublished: June 28, 2026Updated: August 28, 2026

What guardianship and conservatorship mean here

Guardianship in Utah is a district court proceeding that moves decision-making authority from one person to another. Utah splits the job in two. A guardian decides personal matters such as where the person lives, what health care they receive, and how they are cared for day to day. A conservator manages money and property under a separate protective proceeding. A court may appoint one, the other, or both, and the two roles can go to different people. For an adult, the court must find by clear and convincing evidence that the person is incapacitated and that the appointment is needed to provide continuing care and supervision. Utah law tells judges to prefer a limited guardianship and to grant a full guardianship only when no other alternative exists, and it requires a specific finding on the record when a full guardianship is granted.

Utah uses guardian for the person and conservator for the money. A guardian is appointed to make decisions about personal affairs; a conservator is appointed to manage the estate of a protected person. Both terms are defined in Utah Code 75-1-201, and the person a conservator serves is called a protected person. A guardian ad litem is a different role again and is not a guardian for this purpose.

Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.

Types of guardianship and conservatorship

Conservatorship (Protective Proceeding)

A separate proceeding over money and property. The court may appoint a conservator, or make a protective order without appointing one, when a person cannot manage property and affairs effectively and either property will be wasted or funds are needed for support. A conservator holds title as fiduciary to the protected person's property, files an inventory within 90 days, and reports to the court every year. Having a valid power of attorney in place is not by itself a reason to refuse a conservatorship.

Utah Code 75-5-401; 75-5-417; 75-5-418; 75-5-420

Limited Guardianship of an Adult

The default form of adult guardianship in Utah. The court grants the guardian less than all of the powers available and leaves every other decision with the person. The order and the letters of guardianship must spell out what the guardian may and may not do. A judge has to prefer this form and may only refuse it by making a specific finding that nothing less than a full guardianship is adequate.

Utah Code 75-5-304(2); 75-5-101.1(8)

Full Guardianship of an Adult

Grants the guardian every power the law allows over an incapacitated adult, including the powers, duties and rights a parent has over an unemancipated minor child. It is available only when the court finds on the record that no lesser alternative is adequate, and the rights listed in Section 75-5-301.5 survive it.

Utah Code 75-5-101.1(3); 75-5-304(2)(a)

More guardianship types8 additional arrangements courts use in specific situations, with statute cites

Guardianship of a Minor

A guardian of a minor has the powers and responsibilities of a parent who has not been deprived of custody. The court may appoint one when each parent consents after acknowledging the legal effect, when parental rights have been terminated, or when each parent is unwilling or unable to exercise parental rights. Guardianship does not by itself end a parent's residual rights and duties.

Utah Code 75-5-201; 75-5-204(1); 75-5-209

Testamentary or Written-Instrument Guardian

A parent may name a guardian for an unemancipated minor in a will or in a separate signed written instrument, and a parent or a spouse may name a guardian for an adult who is already incapacitated. The appointment takes effect when the named guardian files an acceptance, and it takes priority over anyone the court would otherwise appoint unless an objection is sustained. The latest document executed by the last parent to die controls.

Utah Code 75-5-202; 75-5-202.5; 75-5-301

Conservatorship for a Minor

Used when a child owns money or property that needs management or protection, when a child's business affairs could be jeopardized by minority, or when funds are needed for the child's support and education. It can be extended past 18 up to age 21 in special circumstances the court determines.

Utah Code 75-5-401(1)

Emergency Guardian

A short appointment the court can make without notice when an incapacitated person has no guardian and an emergency exists, or when an appointed guardian is not effectively doing the job and the person's welfare requires immediate action. It runs for a specified period that may not exceed 30 days, pending notice and a hearing.

Utah Code 75-5-310

Temporary Guardian

Appointed after notice and a hearing when the court finds good cause, and used to bridge the gap while a full case is decided. The court may also convert an emergency guardian into a temporary guardian or replace one. A temporary guardian has all of the powers and duties of a permanent guardian, may not move the ward out of state, and suspends the authority of any permanent guardian already appointed.

Utah Code 75-5-310.5

Guardian of an Individual with a Severe Intellectual Disability

A separate track added to Chapter 5 in 2025. It applies where a physician or psychologist has signed a letter or report saying the adult has a severe intellectual disability that has existed since childhood and is not expected to lift, and it displaces the ordinary Part 3 procedure. Hearings are held remotely unless the court finds good cause otherwise, and the court is directed to prefer a full guardianship rather than a limited one.

Utah Code 75-5-601; 75-5-602; 75-5-604; 75-5-609

Expedited Limited Guardianship (Utah State Developmental Center)

A streamlined route for residents of the Utah State Developmental Center. The limited guardianship covers only consent to medical and dental care and participation in approving the resident's individual program plan. A petitioner may use it without a lawyer, and the filing fee is waived for a petition brought under this section.

Utah Code 75-5-316

Guardianship for a Minor Turning 18

A parent may file once the child is 17 years and six months old and ask that the order take effect on the child's eighteenth birthday, so there is no gap in authority. A written evaluation by a physician or psychologist goes in with the petition, and if it is less than six months old the court may accept it instead of ordering a new one. If the petition is filed this way, or within two years after the child turns 18, the court appoints whoever held sole legal decision-making, or both parents as coguardians if they shared it, unless that would be contrary to the young adult's best interest.

Utah Code 75-5-317

Related authority: 75-5-608.

The Utah guardianship court process

1Confirm guardianship is the right toolUtah courts treat guardianship as a last resort because it removes rights.

Utah courts treat guardianship as a last resort because it removes rights. Work through the less restrictive options first: a supported decision-making agreement, an advance health care directive naming a health care agent, a representative payee for benefit income, a trust, or a one-off protective arrangement the court can approve without appointing anyone. The Utah Judiciary publishes free online training that walks through these before you file.

2Gather the evidence of incapacityThe petitioner has to prove incapacity by clear and convincing evidence, measured by what the person can actually do rather than by a diagnosis or by age.

The petitioner has to prove incapacity by clear and convincing evidence, measured by what the person can actually do rather than by a diagnosis or by age. Statements from people who know the person and an evaluation by a treating clinician are the usual proof. The court may appoint its own health care provider to assess the person's functional capabilities using evidence-based screening tools, and that provider may not base the assessment mainly on what the proposed guardian says.

3File the petition in the district courtAn allegedly incapacitated person, or anyone interested in that person's welfare, may petition for a finding of incapacity and appointment of a guardian.

An allegedly incapacitated person, or anyone interested in that person's welfare, may petition for a finding of incapacity and appointment of a guardian. File in the county where the person lives or is present, or where the committing court sits if the person was admitted to an institution by court order. The Utah Judiciary publishes the packet, which includes the probate cover sheet, the petition, a list of people who must be notified, the notice of hearing and adverse consequences for the respondent and for interested persons, the pre-appointment test forms, the acceptance of appointment, and the proposed findings, order and letters.

4Make sure the respondent has a lawyerUnless the person already has counsel of their own choosing, the court appoints an attorney to represent them, and the cost is paid by the person unless that person and their parents are indigent.

Unless the person already has counsel of their own choosing, the court appoints an attorney to represent them, and the cost is paid by the person unless that person and their parents are indigent. There is one narrow exception, and every condition in it has to be met: the respondent is the petitioner's biological or adopted child, the estate does not exceed $20,000 by the petitioner's affidavit, the respondent appears in court, the respondent gets a real chance to say yes or no to the proposed guardian, no volunteer attorney is available within 60 days, the court is satisfied counsel is not needed, and a court visitor has been appointed and has reported.

5Serve the respondent and the interested personsThe respondent is served personally with the petition and the notice of hearing, rights and adverse consequences.

The respondent is served personally with the petition and the notice of hearing, rights and adverse consequences. Interested persons who receive notice include the respondent's parents, spouse and adult children, anyone already serving as guardian or conservator or having care and custody, and Adult Protective Services where a referral has been made. Parents inside Utah are served personally; other interested persons may be served the way ordinary papers are served.

6Court visitor or evaluation, if the court orders oneThe court may send a court visitor to interview the proposed guardian, visit where the person lives now and where they would live if the appointment is made, and report in writing.

The court may send a court visitor to interview the proposed guardian, visit where the person lives now and where they would live if the appointment is made, and report in writing. A visitor is required before the court may excuse the respondent's attendance, and the petitioner pays for that investigation. The only carve-out is clear and convincing physician evidence of extended comatosis likely to persist through the hearing.

7Attend the hearingThe respondent is to be present and to see or hear all the evidence about their condition.

The respondent is to be present and to see or hear all the evidence about their condition. They may be represented by counsel, present evidence, cross-examine witnesses including the court-appointed clinician and the court visitor, and demand a jury. The hearing may be closed and heard without a jury if the respondent or their lawyer asks for that.

8Findings and the order of appointmentThe judge may appoint a guardian on finding, by clear and convincing evidence, that the person is incapacitated and that the appointment is necessary or desirable to provide continuing care and supervision.

The judge may appoint a guardian on finding, by clear and convincing evidence, that the person is incapacitated and that the appointment is necessary or desirable to provide continuing care and supervision. A limited guardianship is preferred, and a full guardianship needs a specific finding that nothing less is adequate. If the guardian is given health care authority, the order names the people the guardian must notify about significant care or treatment.

9Accept the appointment and take out lettersAccepting the appointment submits the guardian personally to the court's jurisdiction in any proceeding about the guardianship.

Accepting the appointment submits the guardian personally to the court's jurisdiction in any proceeding about the guardianship. Letters of limited guardianship state the limits so a bank or a hospital can see the boundaries. If the guardian will hold funds or property, the court may require a bond on the same terms that apply to conservators.

10File a conservatorship petition too, if money needs managingA conservatorship is a separate protective proceeding with its own petition, its own venue rule and its own notice rule.

A conservatorship is a separate protective proceeding with its own petition, its own venue rule and its own notice rule. The person to be protected and their spouse or parents must be served personally at least 10 days before the hearing if they can be found in Utah. The court may appoint a temporary conservator to serve until further order, and it can approve a single transaction or a protective arrangement without appointing a conservator at all.

11File the inventory and then report every yearA conservator files a complete inventory of the estate with the court within 90 days of appointment, with an oath that it is complete and accurate, and gives a copy to the protected person if that person can be located, is at least 14, and can understand it.

A conservator files a complete inventory of the estate with the court within 90 days of appointment, with an oath that it is complete and accurate, and gives a copy to the protected person if that person can be located, is at least 14, and can understand it. After that both guardians and conservators report annually. Estates over $50,000, excluding the residence, need a full accounting; below that an informal annual report mailed to the court is enough. A guardian also files an annual report on the ward's physical and mental condition, residence and household.

12Change or end the guardianship when circumstances changeThe ward or anyone interested in the ward's welfare may petition for an order that the ward is no longer incapacitated, and the request can be made by an informal letter to the court.

The ward or anyone interested in the ward's welfare may petition for an order that the ward is no longer incapacitated, and the request can be made by an informal letter to the court. The court must then use the same safeguards it uses for an appointment. A judge may set a minimum period of up to one year during which no such petition may be filed without leave. Anyone who knowingly interferes with a request to restore capacity may be sanctioned.

How long it takes

Utah does not set a statutory deadline for the guardianship hearing itself, so the length of a case depends on the county's calendar, on how quickly the respondent is served and represented, and on whether anyone objects. The fixed intervals in the statute give the shape of it: an emergency guardian may be appointed without notice for no more than 30 days, and if an interested person asks after that appointment the court holds a hearing within 14 days. A conservatorship hearing needs at least 10 days of personal notice. A guardian named in a will or written instrument who does not accept within 30 days after notice can be passed over. A conservator's inventory is due within 90 days of appointment, and the first annual report follows a year later. Most uncontested Utah cases are decided at a single hearing set several weeks to a few months after filing, and a contested case, a jury demand, or a court visitor investigation lengthens that.

Emergency guardian maximum: 30 days, and only pending notice and a hearing (75-5-310(1))
Hearing after an emergency appointment: within 14 days of an interested person's request (75-5-310(2))
Objection to a named guardian: before acceptance, or within 30 days after notice of acceptance (75-5-203)
Time for a named guardian to accept: 30 days after notice of the guardianship proceeding (75-5-204(2)(b); 75-5-304(3)(b))
Notice before a conservatorship hearing: at least 10 days of personal service on the person and their spouse or parents (75-5-405(1))
Notice before a guardian moves a ward: at least 10 days, unless emergency conditions exist (75-5-312(2)(h))
Temporary guardian of a minor maximum: 6 months (75-5-207(3)(b))
Conservator inventory due: within 90 days after appointment (75-5-418(1))
Guardian and conservator reports: annually, with a full accounting above $50,000 excluding the residence (75-5-312(2)(k); 75-5-417(2))
Grace period before a late report penalty: 2 months after written notice from the court (75-5-312(7)(a); 75-5-417(5)(a))
Restriction on a new capacity petition: the court may bar one for up to 1 year without leave (75-5-306(1)(b))
Hearing for a guardianship case: not fixed by statute; set by the district court's calendar

Alternatives to consider before guardianship

Supported Decision-Making Agreement

An adult with a disability signs an agreement with at least one supporter who helps gather information, weigh options and communicate a decision, but who may not decide for them. It must be in writing, name at least one supporter, describe the supports chosen and any areas a supporter may not touch, and be signed by the principal, each supporter, and either two witnesses or a notary. It can be revoked in writing at any time. Utah added this to Chapter 5 in 2025, and it is the first thing to look at when someone needs help deciding rather than someone to decide for them.

Utah Code 75-5-704

Advance Health Care Directive and Power of Attorney for Health Care

An adult may create a power of attorney for health care naming an agent to make health care decisions if they later cannot. It has to be in a record, signed by the person, and signed by an adult witness who reasonably believes the act is voluntary and knowing, who is not the agent or the agent's spouse or cohabitant, and who is present when it is signed. Presence may be satisfied in person, by real-time audio and video, or by audio alone where the witness knows or can authenticate the person. Utah's current health care decisions act took effect 1 January 2026. Two rules make this a real alternative to guardianship rather than a supplement: a health care decision made by an agent is effective without judicial approval, and unless a court orders otherwise a decision by an agent the person appointed prevails over a decision by a guardian appointed for that person.

Utah Code 75A-9-107; 75A-9-121

Durable Financial Power of Attorney

Naming an agent to handle money and property before capacity is lost is the standard way to avoid a conservatorship. Utah's act is the Uniform Power of Attorney Act, Title 75A Chapter 2, which moved out of Title 75 in the 2024 recodification. Utah is stricter than most states about signing: the power of attorney must be signed before a notary public or another person authorised to take acknowledgments, and the principal must have enough mental capacity at that moment to understand that they are appointing someone to handle their financial affairs. The notary step is a condition of a valid signature, not just a way of presuming the signature is genuine. Two limits are worth knowing. The chapter does not reach health care decisions, so a financial power of attorney cannot carry health care authority, and a conservatorship may not be refused just because a valid power of attorney is in place. Where a conservatorship does happen, the person's own most recent signed nomination of a conservator binds the court unless the nominee is disqualified or there is good cause.

Utah Code 75A-2-105; 75A-2-103(2); 75-5-401(3); 75-5-410(1)(c)

Protective Arrangement or Single Transaction Without a Conservator

Where the grounds for a protective proceeding exist, the court may authorise, direct or ratify a single transaction or an arrangement without appointing a conservator at all. That covers paying, delivering, depositing or holding funds or property, selling, mortgaging, leasing or otherwise transferring property, entering an annuity, a life care contract, a deposit contract or a contract for training and education, or adding to or setting up a suitable trust. The court weighs the interests of creditors and dependents and asks whether continuing protection is really needed, and it may appoint a special conservator just to carry the arrangement out.

Utah Code 75-5-409

Discretionary Trust for an Individual with a Disability

A trust set up for someone under 65 who has a disability, funded with that person's own assets, under which the trustee decides distributions and the beneficiary cannot demand payment. It has to be irrevocable except where the beneficiary stops having a disability, and it has to provide that on the beneficiary's death the state is repaid up to the medical assistance paid on the beneficiary's behalf. State agencies disregard it as a resource when deciding eligibility for services or support, which is what makes it useful alongside benefits.

Utah Code 26B-6-412

Delegation of a Parent's or Guardian's Powers by Power of Attorney

A parent, or the guardian of a minor or an incapacitated person, may delegate any of their powers over care, custody or property to another person by a properly executed power of attorney, for a period not exceeding six months. The delegation cannot include consent to marriage or to the adoption of a minor ward. This is the short-term answer when a caregiver will be away or unavailable, and it needs no court involvement.

Utah Code 75-5-103

Payment or Delivery of a Minor's Money Without a Conservator

Someone who owes money or personal property to a minor may pay or deliver up to $15,000 a year to the minor if the minor is married or a statute allows it, to a person who has the care and custody of the minor and lives with them, or to the minor's guardian. The recipient has to apply the money to the minor's support and education, preserve any excess, and hand over the balance at 18. Money from a personal injury or wrongful death claim counts toward the $15,000 net of medical bills, attorney fees and litigation costs, and has to be held in trust for the minor alone. The route closes once a conservator has been appointed or an appointment is pending.

Utah Code 75-5-102

Representative Payee for Benefit Income

Where the only money at stake is a government benefit, the paying agency can appoint someone to receive and manage it, and no court is involved. Apply to the agency that pays the benefit, whether that is the Social Security Administration, the Department of Veterans Affairs or the Railroad Retirement Board. The Utah Judiciary lists this as one of the alternatives to consider before filing, and notes that where someone is already under guardianship or conservatorship the agency must appoint a representative payee to receive payments.

Public Guardian as a Last-Resort Guardian

Where nobody else is willing or suitable, the Office of Public Guardian sits at the bottom of the statutory priority list and can be appointed. Knowing it exists matters when a family is trying to decide whether they have to serve themselves.

Utah Code 75-5-311(2)(i)

Planning ahead: naming a guardian in advance

Naming a guardian in advance: Utah lets a competent adult choose their own guardian in advance, and the choice binds the court. Section 75-5-311(1) says the court shall appoint the guardian named in the person's most recent nomination unless that person is disqualified or the court finds other good cause. The nomination has to be made before incapacity, be in writing, be signed by the person making it, and follow substantially the statutory form headed Nomination of Guardian by an Adult. Section 75-5-410(1)(c) carries a matching form headed Nomination of Conservator, which also covers the situation where a person needs protection without being incapacitated. Naming your own guardian and conservator ahead of time is the single cheapest thing a Utah adult can do to keep the choice out of a contested hearing.

Guardianship costs

Court filing fee: $375 to open a guardianship or conservatorship case in district court, reduced to $35 where the petition is for guardianship and the proposed ward is the petitioner's biological or adoptive child. Statewide, with no county surcharge. Fee waivers are available.
Annual accounting filing fee: $15 to $175 a year, set by a five-band ladder keyed to estate value, from $15 for an estate of $50,000 or less up to $175 for an estate over $168,000.
Attorney for the respondent: Paid by the allegedly incapacitated person unless that person and their parents are indigent. Typically $1,000 to $3,000 nationally for an uncontested appointment.
Attorney fees for the petition: $2,500 to $8,000 nationally for an uncontested case, and materially more if anyone objects. A petitioner who is appointed, or whose nominee is appointed, may recover reasonable fees and costs from the estate, and a petitioner who files a meritless petition pays them.
Medical or capacity evaluation: $300 to $2,000 nationally, depending on the clinician and the depth of the assessment.
Court visitor: Paid by the person seeking the guardianship when a visitor is appointed so the respondent's attendance can be excused.
Bond premium: Set by the court when a bond is required. Roughly 0.5 percent of the bonded amount a year is a common national rate. The Utah bond is measured by the capital value of the estate the conservator controls plus one year's estimated income, less deposits and land the conservator cannot sell without a court order.
Annual reporting: Little to nothing beyond the filing fee if the guardian or conservator prepares the report themselves. $500 to $2,500 a year nationally if an accountant or lawyer prepares it.

Costs vary by county and case. Verify current court fees with the local court.

Frequently asked questions

What is guardianship in Utah?

What are the alternatives to guardianship in Utah?

Less restrictive alternatives in Utah include Supported Decision-Making Agreement, Advance Health Care Directive and Power of Attorney for Health Care, Durable Financial Power of Attorney, Protective Arrangement or Single Transaction Without a Conservator. Courts generally must consider these options before appointing a guardian, because guardianship removes legal rights.

How long does the Utah guardianship process take?

Do I need a lawyer to file for guardianship in Utah?

Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some Utah courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.

Guardian vs. conservator in Utah: what is the difference?

Statutes and sourcesOfficial references used for this page

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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.