Adult Guardianship and Conservatorship Petition Requirements in Utah

At a glance

Requirements one by one

Proceeding and state terminology

Utah uses guardian for personal care and conservator for property and financial management. They are separate proceedings under Parts 3 and 4 of Title 75, Chapter 5, although § 75-5-101.5 permits consolidation when both are pending in the same court.

Who may file and where

For guardianship, § 75-5-302 places venue where the adult resides or is present, and § 75-5-303 permits the adult or anyone interested in the adult's welfare to file. For conservatorship, § 75-5-404 also reaches someone interested in the adult's estate or affairs and anyone who would be adversely affected by ineffective property management; under § 75-5-403, a nonresident case may be filed where the adult has property.

What the petition must contain

Under § 75-5-303, the guardianship request is stated in functional terms—a finding of incapacity and appointment—but does not supply a long statutory content list. The conservator petition is different. Under § 75-5-404, it requires the petitioner's interest; the adult's name, age, residence, and address; guardian and nearest-relative information; a property/value and benefits summary; necessity; and the proposed conservator's identity and priority.

Proof required for appointment

The current definition of incapacity is functional: even with appropriate technology, the adult lacks ability to receive and evaluate information, make and communicate decisions, or provide necessities to the extent essential financial protection or health, safety, or self-care cannot be met. A guardian requires clear and convincing proof of that incapacity and that continuing care and supervision is necessary or desirable.

The conservator standard is separate. Section § 75-5-401 requires ineffective property management plus threatened waste or dissipation, or a need to obtain support funds. Sections 75-5-401 and 75-5-407 require a hearing and findings but do not state a separate burden of proof for this property track.

Alternatives the court must address

Under § 75-5-304, limited guardianship is preferred. A full guardianship is permitted only when no alternative exists, and the court must specifically find that nothing less is adequate.

Property protection is structured differently. A valid power of attorney alone cannot force denial, but § 75-5-409 permits the court to authorize a transaction, trust, payment, or other protective arrangement without appointing an ongoing conservator and directs the court to consider whether continuing protection is needed.

Notice, service, and hearing timing

Under § 75-5-309, the guardian case uses personal service on the adult, spouse, and parents and notice to adult children, existing fiduciaries or caregivers, and sometimes Adult Protective Services. Section § 75-1-401 supplies the general ten-day mailing or personal-delivery floor. Under § 75-5-405, a conservator petition requires personal service on the adult and spouse or parents at least ten days before the hearing.

Both appointment statutes tell the court to set a hearing, but neither states a fixed filing-to-hearing deadline for the ordinary adult case.

Counsel and hearing rights

Guardianship counsel is appointed unless the adult already has chosen counsel. The only exception requires all seven criteria in § 75-5-303(6)(e), including a parent petitioner, an estate no more than $20,000, in-court appearance, opportunity to accept or object, no volunteer lawyer available within 60 days, a court finding counsel unnecessary, and an appointed visitor's report.

The adult ordinarily attends, sees or hears the evidence, may present evidence and cross-examine witnesses, and has a jury right. The adult or counsel may ask for a closed hearing without a jury. In a conservator case, § 75-5-407 makes appointed counsel discretionary and contains no parallel jury clause.

Medical evidence or court evaluator

The ordinary guardianship statute does not make a clinical certificate a universal petition attachment. Under the 2026 version of § 75-5-303, the court may appoint a qualified health-care provider to assess functional abilities with evidence-based screening tools and may appoint a court visitor; each appointed professional files a report.

A visitor becomes mandatory when the court is asked to waive the adult's attendance, unless clear physician evidence shows extended coma likely to last through the hearing. In the conservator track, physician examination and a visitor interview are discretionary.

Limits on the order

A limited guardianship order states its limitations. A full guardianship needs the specific no-lesser-option finding. For property, the court can use a one-time protective arrangement instead of an ongoing conservator, and an order finding a basis for property protection does not itself affect the adult's legal capacity.

Under § 75-5-310, emergency guardianship is a separate, no-notice appointment for at most 30 days pending notice and hearing. Under § 75-5-408, the property provisions separately allow a temporary conservator to serve until further court order.

What trips people up

Utah's counsel rules differ sharply between the two tracks. Counsel is the default in an adult guardianship and can be omitted only if every narrow statutory criterion is met. In the property-only conservator proceeding, the appointment statute says the court may appoint counsel.

Common questions

Does the adult have a jury right?

In the ordinary guardianship proceeding, yes. Section 75-5-303(6)(d) gives the adult a jury-trial right; the adult or counsel may instead request a closed hearing without a jury. The conservator procedure does not contain the same clause.

Must a doctor examine the adult in every guardianship case?

No universal examination is stated. The current statute says the court may appoint a qualified health-care provider. If appointed, that provider must use appropriate evidence-based tools, assess functional abilities and limitations, and file the report with the court.

Statutes and sources

• Utah Code §§ 75-5-101.5 and 75-5-301.5-.310. Separate proceedings, guardianship petition and venue, counsel, attendance, jury and evidence rights, evaluators, proof, notice, limited-order preference, and emergency boundary. https://le.utah.gov/xcode/Title75/Chapter5/C75-5_1800010118000101.pdf and https://le.utah.gov/xcode/title75/chapter5/C75-5-P3_1800010118000101.pdf (accessed 2026-07-18).
• Utah Code §§ 75-1-201(25) and 75-1-401. Current functional incapacity definition and general ten-day notice method. https://le.utah.gov/xcode/Title75/Chapter1/C75-1-S201_2025050720250507.pdf and https://le.utah.gov/xcode/Title75/Chapter1/C75-1_1800010118000101.pdf (accessed 2026-07-18).
• Utah Code §§ 75-5-401 and 75-5-403-.409. Property standard, venue, petition contents, service, counsel and discretionary evaluation, protective arrangements, capacity effect, and temporary conservator. https://le.utah.gov/xcode/Title75/Chapter5/C75-5-P4_1800010118000101.pdf (accessed 2026-07-18).