Guardianship and conservatorship in Utah: who, where, cost

How a court can name a guardian or conservator in Utah, what it costs and what to try first.

Checked against official sources: October 31, 2026.

Short answer

Guardian (limited or full), emergency guardian, temporary guardian; conservator for property.

Court
District court in the county where the respondent lives or is present.

What guardianship or conservatorship is

What it is called

Guardian (limited or full), emergency guardian, temporary guardian; conservator for property

When a court may appoint one

'Incapacitated' means an adult's ability to receive and evaluate information, make and communicate decisions, or provide for necessities such as food, shelter, clothing, health care or safety is so impaired that, even with appropriate technological help, they cannot meet essential requirements for financial protection or physical health, safety or self-care. The court must find incapacity by clear and convincing evidence and that the appointment is necessary or desirable. It must prefer a limited guardianship and may grant a full guardianship only if no other alternative exists, with a specific finding. The respondent must have a lawyer.

Law: Utah Code 75-1-201; Utah Code 75-5-304; Utah Code 75-5-303

Kinds
  • Limited guardian (preferred)
  • Full guardian
  • Emergency guardian
  • Temporary guardian
  • Conservator, or other protective order for property

Law: Utah Code §§ 75-1-201, 75-5-303, 75-5-304, 75-5-310, 75-5-310.5, 75-5-401

Who can ask, which court and your own choice

Who may ask

The allegedly incapacitated person or any person interested in their welfare.

Law: Utah Code 75-5-303(1)

Court

District court in the county where the respondent lives or is present.

Choosing your own

You can nominate a conservator or guardian in your power of attorney; the court must follow your most recent nomination unless there is good cause or disqualification. You can also name a preferred guardian in a health care instruction.

Law: Utah Code 75A-2-108; Utah Code 75A-9-106(1)(d)

Effect on a power of attorney

When a conservatorship petition is filed, the court must consider whether your power of attorney is adequate to manage your estate without a conservator. If a conservator is appointed, your agent is accountable to the conservator as well as to you, and the power of attorney continues unless the court limits, suspends or ends it.

Law: Utah Code 75A-2-108

Cost, fee waiver and forms

Fee waiver

The Utah Courts guardianship page links to the courts' fee waiver forms; the court appoints a lawyer for the respondent at the respondent's cost unless the respondent and their parents are indigent.

Law: Utah Code 75-5-303(2)(b)

Forms
Steps

Steps

Other options and where to report abuse

Supported decision-making

Supported Decision-making Agreements

Effective 2025 (Laws of Utah 2025, ch. 533)

You choose supporters who help you understand information, make and communicate your own decisions; supporters may not make decisions for you, including health care decisions. A decision you make with support counts as your own decision. You can revoke by written notice to all parties, and a supporter can withdraw the same way. Unless the agreement says otherwise, it ends if you later sign a power of attorney, health care directive or mental health declaration that does not expressly continue it, or a court appoints a guardian or conservator. A court may not treat signing an agreement as evidence of incapacity.

In writing, with an effective date, at least one supporter and the required descriptions, signed (in ink or electronically) by you, each supporter (with their relationship, willingness, duties acknowledgment and attestation), any guardian, conservator or other qualifying person whose area is covered, and either two witnesses or a notary public.

Source: Official text

Less restrictive options
  • Arranging help and services: Helping the person make and carry out their own decisions with support from family, community and government services.
  • Representative payee: A person appointed by a government agency (Social Security, VA, Railroad Retirement Board) to receive and manage that agency's payments.
  • Power of attorney: An agent manages money and property; little or no outside supervision.
  • Trust, including a discretionary trust for a person with disabilities: A trustee manages property for a beneficiary; a special trust can protect government benefits.
  • Health care agent and advance health care directive: You name an agent and give health care instructions.
  • Supported decision-making agreement: Supporters help you make your own important decisions.
Report abuse or exploitation

Utah Division of Aging and Adult Services - Adult Protective Services · 1-800-371-7897

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Law: Utah Code §§ 75-5-704, 75-5-706, 75-5-707, 75-5-708

Free help in Utah

Report abuse or exploitation

Utah Division of Aging and Adult Services - Adult Protective Services · 1-800-371-7897

Questions about powers of attorney in Utah

How does guardianship or conservatorship work in Utah?

'Incapacitated' means an adult's ability to receive and evaluate information, make and communicate decisions, or provide for necessities such as food, shelter, clothing, health care or safety is so impaired that, even with appropriate technological help, they cannot meet essential requirements for financial protection or physical health, safety or self-care.

What are the alternatives to guardianship in Utah?

Arranging help and services; Representative payee; Power of attorney; Trust, including a discretionary trust for a person with disabilities; Health care agent and advance health care directive; Supported decision-making agreement.

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