Guardianship of Minors
A guardianship in Utah is the legal process by which an adult becomes a legal guardian of a legally incapacitated person, referred to as a “ward”. The ward can be a minor child, or an incapacitated adult.
A Utah guardian of a minor is able to act on the minor’s behalf as to:
- Protecting the ward and taking care of the ward’s personal effects;
- Acting as a receiver of money on the wards behalf, such as periodic funds from a will or trust;
- The power to authorize medical or other professional care, facilitate the ward’s education, social activities, etc.; and
- The guardian has the duty to report on the condition of the ward to the court if/when requested.
Pearson Law Firm can provide you with an experienced Utah divorce attorney that is familiar with the duties of a guardian, call today! 801-888-0991
Utah Guardian Status may arise in one of three ways:
Testamentary Appointment: Parents of a minor child include in their Will an appointment of a guardian. This appointment will only take affect when both parents are dead or legally incapacitated, and the appointed Utah guardian accepts the assignment.
Appointment by a local school board: a school board is allowed to designate a responsible adult to be the guardian of a minor child if the child’s parents live out of state. In order to exercise this authority, the parent must submit to the school district a signed and notarized affidavit requesting that a Utah guardian be appointed.
Appointment by the court: If a parent is deemed unfit, or the parents appointed a guardian in their Will and the Utah guardian refuses the appointment, or their is no Will or no appointment of a guardian in the Will, then the court can appoint a guardian for a minor child. The court must appoint a guardian that will serve the minor child’s best interest. If the child is 14 or older and the child nominates a particular Utah guardian, the court must appoint the child’s nomination unless the court finds it is not in the best interest of the child.
Termination of Utah Guardianship
A Utah guardianship is terminated or can be terminated upon motion from the guardian, motion from the minor child, death of the guardian, incapacitation of the guardian, the child reaches the age of majority, adoption of the child, or marriage of the child.
If you are looking into petitioning the court for a Utah guardianship, contact Pearson Law Firm for a free consultation. An experienced Utah Divorce attorney/guardianship attorney will help you determine what is best for you and the child, and what yours and the child’s rights are. Call today! 801-888-0991.