Guardianships and Conservatorships

Have one of our experienced attorneys at your side throughout the guardianship or conservatorship process.

Facilitating the guardianship process

Like a power of attorney, a guardianship allows you to act on behalf of someone else, known as the ward, for the care and maintenance of the ward. Unlike a power of attorney, a guardianship cannot be created voluntarily and must be ordered by a probate judge. A guardianship is similar to a parent-child relationship, except that a guardian is not legally responsible for the acts of the ward, and guardians do not have to use their own money to provide for the ward.

Guardianships are often granted when a ward is unable to take care of himself or herself or if the ward is a minor. A guardianship may be temporary if the court finds it is only necessary for a limited time. A court may grant a temporary guardianship and set a review date of three to six months or longer to determine whether the guardianship should be continued.

Guardianship of a minor automatically ends when the minor reaches age 18. Guardianship of an adult lastsc as long as the court orders it. When guardians want to terminate their role as guardian, they must notify the probate court and wait until a replacement guardian is named. Day Shell & Liljenquist, L.C. has decades of experience assisting clients throughout Utah in guardianship proceedings and other probate court matters.

What are a guardian's responsibilities?

Under a full guardianship, the guardian is generally responsible for:

  • Determining where the ward lives
  • Ensuring the ward’s basic needs are met
  • Making decisions about the ward’s healthcare
  • Taking care of the ward’s property
  • Making some financial decisions for the ward if the ward does not have a conservator
  • Acting as an advocate for the ward’s rights

Your attorney at Day Shell & Liljenquist, L.C. will meet with you to gain a full understanding of your circumstances. Our experienced guardianship attorneys can recommend a course of action that will achieve your goals.

What does being a conservator of an estate or property entail?

Guardianship is of a person, while a conservatorship performs a similar role in connection with an estate or property. Conservatorship and guardianship often go hand-in-hand and allow the guardian/conservator to take care of the following affairs for the ward:

  • Organizing, gathering, and protecting assets
  • Arranging appraisals of property
  • Safeguarding property and assets from loss
  • Managing income from assets
  • Making appropriate payments
  • Obtaining court approval before any sale of major assets
  • Reporting to the court about the estate’s status on a regular basis

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45 E. Vine St.
Murray, UT 84107

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