Utah Guardianship Laws: Minors, Adults and Conservators (2026)

In Utah, a court may appoint a guardian to make decisions about the personal affairs of a minor or an incapacitated adult, and a conservator to manage the estate of a protected person, under Title 75, chapter 5 of the Utah Code, part of the Utah Uniform Probate Code (Utah Code §§ 75-1-201, 75-5-301, 75-5-401). For an adult, the court may appoint a guardian only if it finds by clear and convincing evidence that the person is incapacitated and that the appointment is necessary or desirable to provide continuing care and supervision, and it must prefer a limited guardianship (Utah Code § 75-5-304).

Chapter 5 is organized in parts: part 2 covers guardians of minors, part 3 guardians of incapacitated adults, part 4 conservators and other protective orders, part 6 a separate guardianship for adults with a severe intellectual disability, and part 7 supported decision-making agreements, both added in 2025. Cases that cross state lines fall under chapter 5b. For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Utah state law on guardianship of minors and adults and on conservatorship in Utah Code Title 75, chapter 5, interstate cases under chapter 5b, and the statutory alternatives in chapter 5. It does not cover custody disputes between parents (see Utah child custody laws), grandparent visitation (see Utah grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Utah probate), juvenile-court child-welfare cases, which are a separate track, or civil commitment and mental-health holds.

Utah guardianship terms and where the law lives

The Utah Uniform Probate Code defines the two roles:

"Conservator" means a person who is appointed by a court to manage the estate of a protected person. ... (23)(a) "Guardian" means a person appointed by the court to make decisions with respect to the personal affairs of an individual.

Utah Code § 75-1-201

The adult standard turns on function rather than diagnosis:

(25) "Incapacitated" means an adult's ability to do the following is functionally impaired to the extent that the individual lacks the ability, even with appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care: (a) receive and evaluate information; (b) make and communicate decisions; or (c) provide for necessities such as food, shelter, clothing, health care, or safety.

Utah Code § 75-1-201(25)

Source: Utah Code Title 75, chapter 5, chapter index.

How to get guardianship of a child in Utah

When a court may appoint. A court may appoint a guardian for an unemancipated minor only in one of three situations (Utah Code § 75-5-204(1)):

• each parent acknowledges understanding the legal effect of the guardianship and consents;
• all parental rights have been terminated; or
• each parent is unwilling or unable to exercise parental rights for any reason, including a court order suspending those rights.

Notice. The case is filed where the minor lives or is present (Utah Code § 75-5-205). Notice of the hearing goes to the minor if 14 or older, the person who has had principal care and custody of the minor during the preceding 60 days, any living parent, any guardian appointed by a parent's will, and the school district (Utah Code § 75-5-207(1)). For a school-age minor, the court may deny the guardianship if the school district proves by a preponderance of the evidence that its primary purpose is to avoid nonresident tuition, if a minor older than 11 has not given the school district the required police certificate or criminal-records release, or if the minor's behavior shows an ongoing unwillingness to abide by the law or school rules (Utah Code § 75-5-206(3)).

The findings. After a hearing, the court may appoint a guardian if it finds by a preponderance of the evidence that:

(i) a qualified person seeks appointment; (ii) venue is proper; (iii) the required notices have been given; (iv) the requirements of Sections 75-5-204 and 75-5-206 have been met; and (v) the welfare and best interests of the minor will be served by the requested appointment.

Utah Code § 75-5-207(2)(a)

The child's say. Except as § 75-5-206(3) provides, "the court shall appoint a person nominated by the minor, if the minor is 14 years of age or older, unless the court finds the appointment contrary to the best interests of the minor" (Utah Code § 75-5-206(2)). A guardian appointed by a parent's will or written instrument has priority over a court-appointed guardian, but the court may proceed if that guardian fails to accept within 30 days after notice of the case (Utah Code § 75-5-204(2)). Otherwise the court may appoint any person whose appointment would be in the minor's best interests (Utah Code § 75-5-206(1)).

A lawyer for the child. If at any point the court determines that the minor's interests are or may be inadequately represented, it may appoint an attorney for the minor, considering the minor's preference if the minor is 14 or older (Utah Code § 75-5-207(4)).

Temporary guardian. The authority of a temporary guardian of a minor may not last longer than six months (Utah Code § 75-5-207).

What a minor's guardian decides. A guardian of a minor has the powers and responsibilities of a parent who has not been deprived of custody, including decisions about education, authorizing medical care and receiving money for the minor's support. The guardian may consent to the minor's marriage only if a court specifically authorizes it, and to the minor's adoption only if a court specifically authorizes it and the parents' rights have been terminated. The guardian is not legally obligated to support the minor from the guardian's own funds. A parent of a minor under guardianship keeps residual parental rights and duties; if a parent consents to the child's adoption, the guardian is entitled to notice of the adoption case and may intervene, and the guardianship ends when an adoption is finalized (Utah Code § 75-5-209, as amended effective September 1, 2025).

When it ends.

A guardian's authority and responsibility terminates upon the death, resignation, or removal of the guardian or upon the minor's death, adoption, marriage, or attainment of majority, but termination does not affect his liability for prior acts nor his obligation to account for funds and assets of his ward.

Utah Code § 75-5-210

Any person interested in the minor's welfare, or the minor if 14 or older, may petition to remove a guardian on the ground that removal would be in the minor's best interest (Utah Code § 75-5-212(1)). Disputes between parents are covered on our Utah child custody laws page, and visitation by grandparents on our Utah grandparents' rights page.

Planning for a child who will turn 18. A person who could serve as guardian of an incapacitated adult may start a guardianship case for a minor who is at least 17 years and six months old and is alleged to be incapacitated, asking that the order take effect on the day the minor turns 18 (Utah Code § 75-5-317(2)).

Can a parent name a guardian in a will in Utah?

Yes. "The parent of a minor may appoint a guardian of an unemancipated minor by will, as provided in this section, or by other written instrument as provided in Section 75-5-202.5" (Utah Code § 75-5-202(1)). The appointment does not take effect while a parent who can act is alive:

(2) Subject to the rights of the minor and others under Section 75-5-203, an appointment by will or written instrument becomes effective upon filing the guardian's acceptance in the court in which the will is probated or the document is filed, if before acceptance, both parents are dead or the surviving parent is adjudged incapacitated. (3) If both parents are dead, an effective appointment by the parent who died later has priority.

Utah Code § 75-5-202

Notice of the acceptance goes to the minor (for an appointment by written instrument, a minor 14 or older) and to the person who has the minor's care. A minor 14 or older, or any interested person, may object within 30 days after notice of the acceptance (Utah Code §§ 75-5-202, 75-5-202.5, 75-5-203). Wills generally are covered on our Utah wills and trusts page.

Letting a relative care for a child without going to court

Utah's no-court option is a power of attorney limited to six months:

A parent or a guardian of a minor or incapacitated person, by a properly-executed power of attorney, may delegate to another person, for a period not exceeding six months, any of the parent's or guardian's powers regarding care, custody, or property of the minor child or ward: (1) except the power to consent to: (a) marriage; or (b) adoption of a minor ward; and (2) subject to Section 53G-6-302, including making decisions related to schooling.

Utah Code § 75-5-103

Three limits follow from that text: the delegation may not exceed six months; it cannot include consent to the child's marriage or adoption; and schooling decisions are subject to Utah's school-residency rules in Utah Code § 53G-6-302, which this page does not cover. Part 2 of chapter 5 contains no standby-guardian procedure triggered by a parent's illness; its tools for planning ahead are the appointment by will or written instrument and this power of attorney.

How to become guardian of an adult in Utah

Who may petition. The allegedly incapacitated person or any person interested in that person's welfare may petition for a finding of incapacity and the appointment of a guardian (Utah Code § 75-5-303(1)).

A lawyer for the adult. Counsel is the default:

Unless the allegedly incapacitated person has counsel of the person's own choice, the court shall appoint an attorney to represent the person in the proceeding the cost of which shall be paid by the allegedly incapacitated person, unless the allegedly incapacitated person and the allegedly incapacitated person's parents are indigent.

Utah Code § 75-5-303(2)(b)

If the court finds the petition without merit, the petitioner pays the attorney fees and court costs; if the petitioner or the petitioner's nominee is appointed guardian, the petitioner is entitled to reasonable attorney fees and court costs from the incapacitated person (Utah Code § 75-5-303(2)(c), (d)).

Counsel is not required only if all of the criteria in § 75-5-303(6)(e) are met, including that the person is the petitioner's biological or adopted child, that the person's entire estate is worth no more than $20,000 as shown by the petitioner's affidavit under § 75-3-1201, that the person appears in court, that no volunteer attorney is available within the period the statute sets, that a court visitor reports, and that the court is satisfied counsel is unnecessary (Utah Code § 75-5-303(6)(e)).

Notice. Notice of the hearing goes to the person, the spouse, parents and adult children, anyone serving as guardian or having custody, any guardian or spouse appointed by a later-dying parent, and Adult Protective Services if it has a referral. The notice must be in plain language and large type, must list the person's rights, including the right to counsel, and must be served personally on the alleged incapacitated person, and on the spouse and parents if they can be found in Utah. A waiver of notice by the person is not effective unless the person attends the hearing or confirms the waiver in an interview with the court visitor (Utah Code § 75-5-309).

Evaluation and court visitor. The court may appoint a health care provider "qualified by training, education, and experience to examine the functional capabilities and limitations of the allegedly incapacitated person," and may appoint a court visitor (Utah Code § 75-5-303(4), (5)). Since SB 161 took effect on May 6, 2026:

The appointed health care provider may not base the appointed health care provider's assessment described in Subsection (4)(b) solely or predominately on the opinion of the person seeking appointment as guardian.

Utah Code § 75-5-303(4), as amended by Laws of Utah 2026, ch. 265 (SB 161)

The hearing and the jury. "The allegedly incapacitated person shall be present at the hearing and see or hear all evidence bearing upon the person's condition" (Utah Code § 75-5-303(6)(a)). The person may be excused only if the person is represented by counsel, a court visitor has investigated, and the court finds that no reasonable accommodation would allow the person to attend (Utah Code § 75-5-303(6)(b)). At the hearing:

In addition to the rights described in Section 75-5-301.5, an allegedly incapacitated person is entitled to be represented by counsel, to present evidence, to cross-examine witnesses, including the court-appointed health care provider and the court visitor, and to trial by jury. The issue may be determined at a closed hearing without a jury if the allegedly incapacitated person or the person's counsel so requests.

Utah Code § 75-5-303(6)(d)

Burden of proof and limited guardianship.

(1) The court may appoint a guardian as requested if the court finds, by clear and convincing evidence, that: (a) the person for whom a guardian is sought is incapacitated; and (b) the appointment is necessary or desirable as a means of providing continuing care and supervision of the incapacitated person. (2)(a)(i) The court shall prefer a limited guardianship and may only grant a full guardianship if no other alternative exists. (ii) If the court does not grant a limited guardianship, a specific finding shall be made that nothing less than a full guardianship is adequate.

Utah Code § 75-5-304

Who may serve. The court must appoint the person named in the incapacitated person's most recent nomination, made before incapacity in a signed writing on the statutory form, unless that person is disqualified or the court finds other good cause (Utah Code § 75-5-311(1)). Otherwise, persons who are not disqualified have priority in this order (Utah Code § 75-5-311(2)):

1. A person the incapacitated person nominates, if the person is 14 or older and has capacity.
2. The spouse.
3. An adult child.
4. A parent, including a person nominated by a deceased parent.
5. A relative with whom the person has lived for more than six months.
6. A person nominated by the person who is caring for the incapacitated person or paying benefits to the person.
7. A specialized care professional with no profit motive or conflict of interest.
8. Any competent person or suitable institution.
9. The Office of Public Guardian, under Title 26B, chapter 6, part 3.

What a Utah guardian can decide, and the rights the person keeps

Rights that depend on when the guardianship was granted. For a guardianship granted on or after May 7, 2025, Utah Code § 75-5-301.5(3) gives the person a list of rights, including the right to counsel after appointment, to "be granted the greatest degree of freedom possible that is consistent with the reasons for the guardianship," and to ask the court to review the guardian, modify or end the guardianship, and "enter an order restoring the incapacitated person's capacity at the earliest possible time." The court "may not waive, suspend, or limit" those rights (Utah Code § 75-5-301.5(4)). A second list in subsection (5), covering matters such as taking part in the care plan, a preferred place to live, telephone, mail and association, and an allowance, may be limited only if an interested party asks and the court finds by clear and convincing evidence that there is a compelling reason (Utah Code § 75-5-301.5(6)). Any of these rights may be raised in the guardianship case or enforced through a private cause of action (Utah Code § 75-5-301.5(8)). A guardianship granted before May 7, 2025, keeps the rights in effect when it was granted (Utah Code § 75-5-301.5(2)).

The guardian's powers and duties. A guardian of an incapacitated person has the powers of a parent over the ward but must encourage the ward's self-determination and consider the ward's preferences, and may consent to medical care while considering the ward's stated wishes (Utah Code § 75-5-312). The ward's residence may be inside or outside Utah, with consideration given to the ward's preference (Utah Code § 75-5-312). Two specific limits:

• Moving the ward. Unless emergency conditions exist, the guardian must file a notice of intent to move the ward with the court and serve it on all interested persons at least 10 days before the move. In an emergency, the guardian must take reasonable steps to notify interested persons and file the notice of the move as soon as practicable (Utah Code § 75-5-312(2)(h)).
• Family and friends. Except as § 75-5-312.5 provides, a guardian "may not restrict or prohibit a ward's association ... with family, relatives, or friends" (Utah Code § 75-5-312(2)(i)). Section 75-5-312.5 governs court orders on association, and if the ward cannot express consent, consent may be presumed from the ward's prior relationship with the person (Utah Code § 75-5-312.5(2)).

Annual reports. A guardian must give the court an annual accounting of the ward's status, including the ward's physical and mental condition, the estate in the guardian's possession, and where and with whom the ward lives (Utah Code § 75-5-312(2)(l)). If no conservator has been appointed, a guardian of an estate worth more than $50,000, not counting the ward's residence, sends the court a report with a full accounting each year; for an estate under $50,000, not counting the residence, the guardian fills out and mails an informal annual report (Utah Code § 75-5-312(2)(k)). These annual-report rules do not apply when the guardian or a coguardian is the ward's parent (Utah Code § 75-5-312(7)(d)). Otherwise, the court may impose a penalty of up to $5,000 for a substantial misstatement on an annual report, gross impropriety in handling the ward's property, or a willful failure to file after written notice and a two-month grace period (Utah Code § 75-5-312(7)(a)). A guardian must also immediately notify persons who have asked to be told, and are not restricted from associating with the ward, of the ward's admission to a hospital for three or more days or to a hospice program, or the ward's death (Utah Code § 75-5-312(2)(f)).

Conservators and protective orders in Utah

A conservator handles property, not personal decisions. For an adult, the court may appoint a conservator or make another protective order if it determines that the person:

(a) is unable to manage the person's property and affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance; and (b) has property which will be wasted or dissipated unless proper management is provided or that funds are needed for the support, care, and welfare of the person or those entitled to be supported by the person and protection is necessary or desirable to obtain or provide funds.

Utah Code § 75-5-401(2)

A minor's estate may also be protected if the minor owns property that needs management (Utah Code § 75-5-401(1)). Other rules:

• Protective arrangements without a conservator. Instead of appointing a conservator, the court may authorize a protective arrangement or a single transaction (Utah Code § 75-5-409).
• Bond. A conservator gives bond unless the court dispenses with it for good cause; the amount is generally the aggregate capital value of the estate plus one year's estimated income, less property held in restricted deposits (Utah Code § 75-5-411).
• Inventory and reports. A conservator files an inventory within 90 days and an annual report (Utah Code §§ 75-5-417, 75-5-418). The annual-report rules and penalties, including a fine of up to $5,000, do not apply when the conservator is the ward's parent (Utah Code § 75-5-417(5), (6)).
• Small payments for a child. A person who owes money to a minor may pay up to $15,000 a year to the person who has the minor's care and custody or to the minor's guardian (Utah Code § 75-5-102(1)).

Emergency and temporary guardianship

Emergency guardian.

(1) If an incapacitated person has no guardian and an emergency exists or if an appointed guardian is not effectively performing the guardian's duties and the court further finds that the welfare of the incapacitated person requires immediate action, it may, without notice, appoint an emergency guardian for the person for a specified period not to exceed 30 days pending notice and hearing. (2) Upon request by an interested person after the appointment of an emergency guardian, the court shall hold a hearing within 14 days pursuant to Section 75-5-303.

Utah Code § 75-5-310

Temporary guardian. After notice and a hearing, the court may appoint a temporary guardian for good cause. The court must appoint an attorney for the person unless one is already involved, and a temporary guardian may not allow the ward to leave the state (Utah Code § 75-5-310.5).

For a minor, the authority of a temporary guardian may not last longer than six months (Utah Code § 75-5-207).

How a Utah guardianship ends or rights are restored

Except during a period the court has barred under § 75-5-306(1)(b), "the ward or any person interested in the ward's welfare may petition for an order: (i) that the ward is no longer incapacitated; and (ii) for removal or resignation of the guardian" (Utah Code § 75-5-306(1)(a)). The request "may be made by informal letter to the court" (Utah Code § 75-5-306(1)(c)). In the order finding incapacity, the court may set a period of up to one year during which a restoration petition may be filed only with the court's leave, anyone who knowingly interferes with a restoration request may be sanctioned, and the court follows the same rights-protecting procedures that apply to an appointment under § 75-5-303 (Utah Code § 75-5-306). A guardian may be removed on grounds that include fraud, failure to perform the guardian's duties, an interest adverse to the ward, or the ward's best interest (Utah Code § 75-5-307(2)). A guardian's authority also ends on the death of the guardian or the ward (Utah Code § 75-5-306).

Guardianship for an adult with a severe intellectual disability (part 6)

Part 6 of chapter 5, enacted in 2025, offers a separate guardianship for an adult who has lifelong functional limitations to the extent of incapacity and a physician's or psychologist's diagnosis of a severe intellectual disability that has existed since the adult was a minor. It is not for a person who once had capacity or may regain it (Utah Code § 75-5-601(1)). Part 6 reverses the general preference for a limited guardianship. If the court appoints a guardian under part 6, it must:

(a) appoint a guardian for the respondent in accordance with Section 75-5-610; (b) prefer a full guardianship for the respondent; and (c) specify in the order of appointment that: (i) the respondent is an individual with a severe intellectual disability; and (ii) the respondent does not have capacity to execute or consent to any contract or written agreement.

Utah Code § 75-5-609(2)

Part 6 runs on its own procedure. Except as part 6 provides, the part 3 rules do not apply to a part 6 case (Utah Code § 75-5-602(2)). Its main differences:

• Remote hearing. The court holds the hearing remotely unless it finds good cause not to (Utah Code § 75-5-604(3)(b)).
• Counsel. The court appoints an attorney unless the respondent has counsel of the respondent's own choice, paid by the respondent unless the respondent or the respondent's parents are indigent. Counsel is not required if the respondent is the petitioner's child, grandchild or sibling, the respondent's entire estate is worth no more than $2,000 as shown by the petitioner's affidavit, the respondent appears in court with the petitioner in person or remotely, the respondent has the chance to communicate acceptance of the appointment, and the court is satisfied counsel is not necessary (Utah Code § 75-5-606).
• Hearing rights. Except as § 75-5-606 provides, the respondent may be represented by counsel, present evidence and cross-examine witnesses, and the question is decided at a closed hearing without a jury if the respondent or counsel asks (Utah Code § 75-5-604(4), (5)).

The person keeps rights that include counsel (subject to the § 75-5-606 exception), copies of documents filed in the case and respectful treatment (Utah Code § 75-5-603). A request to end the guardianship may be made by informal letter, though the court may set a period of up to one year during which a petition needs its leave (Utah Code § 75-5-613).

Alternatives to guardianship in Utah

Supported decision-making agreements (2025). Utah enacted part 7 of chapter 5, Utah Code §§ 75-5-701 to 75-5-709, in 2025 (Laws of Utah 2025, ch. 533). An individual may enter an agreement at any time if the individual does so "voluntarily, without coercion or undue influence, and without being solicited to enter into the agreement," and understands the nature and effect of the agreement (Utah Code § 75-5-704(1)). The formal requirements:

• The agreement must be in writing and dated, designate at least one supporter, and describe how the individual makes decisions, the supporters' responsibilities and the supports chosen (Utah Code § 75-5-704(3)).
• It must carry the ink or electronic signature of the individual, each supporter, any guardian, conservator or qualifying person whose signature § 75-5-704(2) requires, and either two witnesses or a notary public (Utah Code § 75-5-704(3)(e)).
• A guardian, conservator or qualifying person has 14 days to review a proposed agreement and, where the agreement covers an area that person controls, must sign it (Utah Code § 75-5-704(2)).
• Each supporter's signature carries an attestation that the supporter will honor the principal's right to make decisions, will not make decisions for the principal, including health care decisions, and will work to further the principal's independence (Utah Code § 75-5-704(6)).

A decision made with a supporter's help is to be recognized as the decision of the individual (Utah Code § 75-5-708). "A court may not consider an individual's execution of a supported decision-making agreement as evidence of the individual's incapacity" (Utah Code § 75-5-708(4)), and a court may consider informal supported decision-making as a less restrictive alternative to guardianship (Utah Code § 75-5-708). A person, including a health care or financial services provider, who relies on an agreement in good faith is not subject to civil or criminal liability or professional discipline for giving it effect, and a supporter who violates part 7 or the agreement is liable to restore the value of the principal's property (Utah Code § 75-5-709).

Powers of attorney. A power of attorney signed while a person has capacity is another alternative, and a nomination of a guardian on the statutory form ranks first when a court appoints one (Utah Code § 75-5-311(1)). Signing rules are on our Utah power of attorney laws page. Free drafting tools are available for a Utah power of attorney and a Utah advance directive; a tool is not legal advice, and any document must be signed under the Utah rules on the power of attorney page.

Protective arrangements. For a property question that one court order can settle, the court may authorize a single transaction or protective arrangement instead of appointing a conservator (Utah Code § 75-5-409).

Health-care decisions without a guardian. For an adult who lacks capacity to make health care decisions and has no agent or authorized guardian appointed or reasonably available, a default surrogate may decide. Unless an advance directive says otherwise, priority starts with an adult the person identified, then the spouse (with exceptions for a pending or completed divorce or separation and desertion), then an adult child or parent, followed by further classes (Utah Code § 75A-9-111, effective January 1, 2026).

Federal benefits. Federal programs make their own appointments: the Social Security Administration decides whether representative payment is in a beneficiary's interest and appoints its own payee, and a legal guardian is one person it may choose rather than an automatic payee (20 C.F.R. § 404.2001); the guardianship hub covers the federal layer.

Moving to or from Utah with a guardianship

Utah adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act as chapter 5b in 2008 (Utah Code § 75-5b-101). A guardian or conservator may petition to transfer the case to another state, with notice (Utah Code § 75-5b-301(1)). For a move into Utah:

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing certified copies of the order and letters of office as a foreign judgment in a court in any appropriate county of this state.

Utah Code § 75-5b-401

Recent changes to Utah guardianship law

• 2025: supported decision-making agreements (Laws of Utah 2025, ch. 533; Utah Code §§ 75-5-701 to 75-5-709); the part 6 guardianship for adults with a severe intellectual disability, which also amended §§ 75-5-311 and 75-5-317 (ch. 543); amendments to the findings and limited-guardianship section, § 75-5-304 (ch. 338); amendments to conservator provisions (ch. 310); rules on a minor's guardian and adoption, and the parents' residual rights, effective September 1, 2025 (ch. 426; Utah Code § 75-5-209); and a new rights list for guardianships granted on or after May 7, 2025 (Utah Code § 75-5-301.5).
• 2026: SB 161, Evaluations in Guardianship Amendments (Laws of Utah 2026, ch. 265), effective May 6, 2026, amended §§ 75-5-301.5 and 75-5-303, including the qualifications of the court-appointed health care provider and the rule that the provider's assessment may not rest solely or predominately on the proposed guardian's opinion.

Utah guardianship at a glance

Related Utah pages

• Guardianship laws by state
• Utah power of attorney laws
• Utah child custody laws
• Utah grandparents' rights
• Utah probate
• Idaho guardianship laws
• Colorado guardianship laws

This article provides general legal information about Utah guardianship and conservatorship law, not legal advice. Guardianship cases turn on their facts and on local court practice. For advice about a specific situation, contact a lawyer licensed in Utah or the court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

How do I get guardianship of my grandchild in Utah?

A court may appoint a guardian for a minor only if each parent consents after acknowledging the legal effect, all parental rights have been terminated, or each parent is unwilling or unable to exercise parental rights (Utah Code § 75-5-204). After a hearing, the court must find by a preponderance of the evidence that the listed requirements are met and that the appointment serves the child's welfare and best interests (Utah Code § 75-5-207).

Can a parent give a relative power over a child in Utah without court?

Yes, by a properly executed power of attorney for no more than six months, covering the child's care, custody or property, but not consent to the child's marriage or adoption, and subject to the school rules in Utah Code § 53G-6-302 (Utah Code § 75-5-103).

Can a parent name a guardian in a Utah will?

Yes. The appointment takes effect when the guardian files an acceptance, if before acceptance both parents are dead or the surviving parent has been adjudged incapacitated, and a minor 14 or older or an interested person may object within 30 days after notice of the acceptance (Utah Code §§ 75-5-202, 75-5-203).

What must be proved to get guardianship of an adult in Utah?

Clear and convincing evidence that the person is incapacitated and that the appointment is necessary or desirable for continuing care and supervision. The court must prefer a limited guardianship and may grant a full one only if no other alternative exists (Utah Code § 75-5-304).

Does the adult get a lawyer in a Utah guardianship case?

Yes, unless the person has a lawyer of the person's own choice or every criterion of a narrow exception is met. The person pays unless the person and the person's parents are indigent (Utah Code § 75-5-303). In a part 6 case for an adult with a severe intellectual disability, a different exception applies (Utah Code § 75-5-606).

How long does an emergency guardianship last in Utah?

An emergency guardian may be appointed without notice for a specified period of no more than 30 days pending notice and hearing, and on an interested person's request the court must hold a hearing within 14 days (Utah Code § 75-5-310).

Does Utah have supported decision-making agreements?

Yes. Utah enacted them in 2025 (Utah Code §§ 75-5-701 to 75-5-709). The agreement must be in writing, entered voluntarily, and signed by the individual and each supporter before two witnesses or a notary, and a court may not treat signing one as evidence of incapacity (Utah Code §§ 75-5-704, 75-5-708).

How can a Utah guardianship be ended?

The ward or any interested person may petition for an order that the ward is no longer incapacitated, including by informal letter to the court, though during a period of up to one year set in the order finding incapacity, a petition needs the court's leave (Utah Code § 75-5-306).