When a family member or loved one is no longer able to physically care for themselves or govern their financial affairs, they can be in danger of hurting themselves or become an easy target to be hurt and exploited by others. Naturally, you want to do everything you can to help.

We help our clients navigate through the process of obtaining a guardianship to protect their loved ones from the variety of risks posed to them. From family members raising children to taking care of grandparents, we can assist you in finding the proper solutions to your situation.

 

Guardianships of Incapacitated Persons
There are two types of guardianships which can be authorized in the state of Utah: 1) a guardianship of the person, and 2) a guardianship of the estate of a ward (a "conservator").  An individual 18 years of age or older, deemed to be competent and approved by the Court, can be appointed as a guardian of the person and/or the estate of a ward. The guardian must act in the best interest of the ward at all times. Furthermore, a guardian must either be a Utah resident or serve as a co-guardian with a Utah resident.

We can assist you in obtaining a guardianship for your loved one. Taking such a step can allow an incapacitated or elderly individual to receive proper care and to avoid being a target for exploitation.

Guardian of the Person
Upon being declared the guardian by the Court, a guardian of the person is the individual responsible for making most of the life decisions for the ward, including authorizing medical care, and making living arrangements for the incapacitated ward.

Guardian of the Estate ("Conservator")
Upon being declared the guardian by the Court, a guardian of the estate is the individual responsible for making decisions concerning the financial affairs of an individual who has been deemed by the Court to be in need of protection.

Guardianships of Minors

Guardianship Litigation
A guardian has certain duties and responsibilities which are specified under Utah Law.  Unfortunately, there are situations where an appointed guardian for a minor or incapacitated individual breaches, or fails to comply with, their fiduciary duties. When such a breach occurs, a guardian may be sanctioned or removed. Ms. O'Brien can offer you her experience and expertise in seeking such sanctions or removals and in seeking the appointment of a preferred guardian.