Utah Adult Guardianship / Conservatorship Petition Packet

Utah Adult Guardianship / Conservatorship Petition Packet

Part 1 — Pre-Petition Checklist

Part 2 — Verified Petition for Appointment of Guardian and/or Conservator

(Utah Code § 75-5-303; § 75-5-404)

Caption

IN THE DISTRICT COURT OF [__________________] COUNTY
STATE OF UTAH
CASE NO.: [__________________]

VERIFIED PETITION FOR APPOINTMENT OF ☐ GUARDIAN ☐ CONSERVATOR ☐ BOTH

Petitioner alleges:

1. Petitioner. [PETITIONER NAME], residing at [______________________________], whose interest is: ☐ Spouse ☐ Adult child ☐ Parent ☐ Relative ☐ Friend ☐ Person having care/custody ☐ Other: [_______________].

2. Respondent.

• Full legal name: [______________________________]
• Date of birth: [__/__/____]; Age: [____]
• Address: [______________________________]
• Telephone: [_______________]

3. Venue. This Court has jurisdiction; Respondent resides in [_______________] County, Utah.

4. Allegations of Incapacity (§ 75-1-201).
Respondent is "incapacitated" within Utah Code § 75-1-201(25): as an adult, Respondent's ability to receive and evaluate information, make and communicate decisions, or provide for necessities is functionally impaired to the extent that Respondent cannot meet essential requirements for financial protection or physical health, safety, or self-care, even with appropriate technological assistance. Describe the affected function and the assistance considered below.

Specific facts: [____________________________________________________________].

5. Type of Appointment Requested.

☐ Plenary Guardian of the Person under § 75-5-304
☐ Limited Guardian (preferred under § 75-5-304(4)) — specify retained powers: [______________________________]
☐ Plenary Conservator of the Estate under § 75-5-401
☐ Limited Conservator — specify powers: [______________________________]
☐ Temporary / Emergency Guardian under § 75-5-310 (separate motion)

6. Less Restrictive Alternatives.

7. Proposed Guardian / Conservator.

• Name: [______________________________]
• Address: [______________________________]
• Relationship to Respondent: [_______________]
• Priority under § 75-5-311 / § 75-5-410: [_______________]
• Willing and able to post bond (if conservator): ☐ Yes / Bond $[__________]

8. Persons Entitled to Notice — § 75-5-309.

9. Estate and Income (Conservator).

10. Existing Instruments. ☐ None known. ☐ POA dated [__/__/____] to [_______________]. ☐ Advance Health Care Directive dated [__/__/____]. ☐ Trust dated [__/__/____].

11. Reasons Petitioner Should Be Appointed. [____________________________________________________________].

WHEREFORE, Petitioner prays the Court:

(a) Set the matter for hearing;
(b) Appoint counsel for Respondent pursuant to § 75-5-303(2)(b);
(c) If appropriate, appoint a qualified health care provider to examine Respondent under § 75-5-303(4);
(d) If appropriate, appoint a court visitor under § 75-5-303(5), including where required to consider waiving Respondent's presence under § 75-5-303(6)(b)–(c);
(e) Find Respondent incapacitated;
(f) Prefer and impose limited guardianship/conservatorship to the extent consistent with Respondent's needs (§ 75-5-304(4));
(g) Appoint Petitioner / Petitioner's nominee as guardian and/or conservator;
(h) Fix bond and issue Letters;
(i) Grant such other relief as is just.

VERIFICATION

I declare under criminal penalty under the laws of the State of Utah that the foregoing is true and correct.

Executed on [__/__/____] at [_______________], Utah.

___________________________________
[PETITIONER]

Attorney for Petitioner:
[ATTORNEY NAME], Utah Bar No. [_______]
[FIRM] · [ADDRESS] · [PHONE] · [EMAIL]

Part 3 — Notice to Respondent (AIP)

(Utah Code § 75-5-309; § 75-5-303(2)(b))

TO: [RESPONDENT FULL NAME]

A Petition has been filed in the District Court of [_______________] County, State of Utah, seeking the appointment of a guardian and/or conservator for you.

Hearing Date: [__/__/____] at [__:__] [AM/PM]
Location: [______________________________]

YOUR RIGHTS UNDER UTAH LAW:

• ☐ Right to be represented by counsel of your own choosing. If you do not have counsel, the court generally appoints counsel under Utah Code § 75-5-303(2)(b), subject to the narrow exception in § 75-5-303(6)(e). Cost is paid by you unless you and your parents are indigent.
• ☐ Right to be present at the hearing.
• ☐ Right to require the Petitioner to prove incapacity by clear and convincing evidence.
• ☐ If the court appoints a qualified health care provider, the provider must submit a written assessment (§ 75-5-303(4)).
• ☐ If the court appoints a visitor, the visitor must report to the court; a visitor is generally discretionary, but special rules apply if the court considers waiving your presence at the hearing (§ 75-5-303(5)–(6)).
• ☐ Right to present evidence and cross-examine witnesses.
• ☐ Right to a jury trial on the issue of incapacity (where applicable under Utah practice).
• ☐ Right to a limited guardianship tailored to your specific needs (§ 75-5-304(4)).
• ☐ Right to ask the court to find that your incapacity has ended and to remove or allow the guardian to resign under §§ 75-5-306 and 75-5-307. A capacity order may require court permission to file during a specified period of up to one year (§ 75-5-306(1)(b)).

If a guardian/conservator is appointed, you may lose authority over decisions involving your medical care, residence, finances, contracts, and other personal affairs to the extent specified by the Court.

Dated: [__/__/____]

___________________________________
Petitioner's Counsel / Court Clerk

Part 4 — Notice to Interested Parties

(Utah Code § 75-5-309)

Give Respondent personal notice. Serve the spouse and parents personally if they can be found in Utah. For a spouse or parent who cannot be found in Utah, and for other persons entitled to notice, use the method in Utah Code § 75-1-401. Unless the court orders a different method or time for good cause, complete the applicable personal delivery or mailing at least 10 days before the hearing and arrange the clerk's posting for the 10 consecutive days immediately before the hearing. Use the Judicial Council approved notice in plain language and large type, and include a copy of the petition (§§ 75-5-309(2)–(3), 75-1-401).

Certificate of Service

___________________________________
Affiant · Date: [__/__/____]

Part 5 — Physician's / Physician Assistant's Report

(Utah Code § 75-5-303(4))

I, [_______________], M.D. / D.O. / P.A., License No. [_______], examined Respondent on [__/__/____].

Signature: ___________________________________ Date: [__/__/____]

This report shall be filed under restricted access (Utah Code § 78A-2-104(2); § 75-5-303(4)).

Part 6 — Court Visitor Appointment

(Utah Code § 75-5-303(6))

Order Appointing Court Visitor

Pursuant to Utah Code § 75-5-303(6), the Court APPOINTS [VISITOR NAME], a qualified person who is not associated with any party, as court visitor to investigate and report regarding the Respondent.

The visitor shall:

The court may appoint a visitor under § 75-5-303(5). If the court is considering waiving Respondent's presence at the hearing, it must apply § 75-5-303(6)(b). A visitor investigation under that provision is unnecessary only if clear and convincing physician evidence shows extended comatosis likely to persist through the hearing (§ 75-5-303(6)(c)). ☐ Visitor appointed ☐ Respondent's presence waiver requested ☐ Comatosis exception supported.

___________________________________
DISTRICT JUDGE · Date: [__/__/____]

Optional: Order Appointing Guardian ad Litem

In addition to or in lieu of a court visitor, the Court may appoint a guardian ad litem. ☐ Appointed: [_______________].

Part 7 — Appointment of Counsel for Respondent

(Utah Code § 75-5-303(2)(b))

The Court, finding that Respondent has not retained counsel, APPOINTS [ATTORNEY NAME], Utah Bar No. [_______], to represent Respondent in this proceeding. Cost of counsel shall be paid as provided in § 75-5-303(2)(b)–(c).

___________________________________
DISTRICT JUDGE · Date: [__/__/____]

Part 8 — Less Restrictive Alternative Analysis

(Utah Code § 75-5-304(4) — limited guardianship is preferred)

Conclusion: A ☐ plenary ☐ limited guardianship/conservatorship of the ☐ person ☐ estate is the least restrictive alternative because: [____________________________________________________________].

Part 9 — Bond (Conservator)

(Utah Code §§ 75-5-411 and 75-5-412)

Subject to the statutory rules for corporate fiduciaries, the Court shall require bond from the conservator unless it dispenses with bond for good cause shown under § 75-5-411. The Court may accept other security instead of sureties; restricted deposits and land that cannot be sold without court authorization affect the default bond calculation.

Part 10 — Notice of Hearing

IN THE DISTRICT COURT OF [_______________] COUNTY · STATE OF UTAH · CASE NO. [_______________]

TAKE NOTICE that the Verified Petition will be heard on [__/__/____] at [__:__] [AM/PM] at the [_______________] District Courthouse, [______________________________].

Dated: [__/__/____]

___________________________________
Court Clerk

Part 11 — Findings, Order, and Letters

Order Appointing Guardian / Conservator

After hearing on [__/__/____] and considering the Petition, any appointed health care provider's report, any court visitor's report, the submissions of Respondent's counsel if appointed, and all evidence, the Court FINDS by clear and convincing evidence:

1. The Court has jurisdiction and venue is proper.
2. Notice was given as required by § 75-5-309.
3. Respondent is an incapacitated person under Utah Code § 75-1-201.
4. Less restrictive alternatives are inadequate.
5. The proposed fiduciary has priority and qualifications under § 75-5-311 / § 75-5-410.
6. The appointment is in Respondent's best interest.

IT IS ORDERED:

• ☐ [FIDUCIARY NAME] is appointed ☐ Guardian ☐ Limited Guardian ☐ Conservator ☐ Limited Conservator of [RESPONDENT].
• ☐ Powers granted: [______________________________].
• ☐ Powers/rights retained by Respondent: [______________________________].
• ☐ Bond in the sum of $[__________] required (or restricted account substitute approved).
• ☐ Letters shall issue upon qualification.
• ☐ Initial Inventory due within 90 days under § 75-5-418.
• ☐ Annual Guardian's Report due under § 75-5-312.5.
• ☐ Conservator's Account due under § 75-5-419.

___________________________________
DISTRICT JUDGE · Date: [__/__/____]

Letters of Guardianship / Conservatorship

STATE OF UTAH · DISTRICT COURT, [_______________] COUNTY

These Letters certify that [FIDUCIARY NAME] has qualified and is authorized to act as ☐ Guardian ☐ Conservator of [WARD / PROTECTED PERSON NAME] by Order entered [__/__/____], with the powers and duties set forth in said Order.

Issued: [__/__/____]

___________________________________
Court Clerk

Part 12 — Initial Inventory and Annual Reports

Initial Inventory (Conservator, § 75-5-418) — file within 90 days

Annual Reports

• Guardian's Annual Report (§ 75-5-312.5) — within 60 days of the anniversary of appointment. Includes Ward's residence, condition, medical care, services received, social functioning, plan changes, and need for continued guardianship.
• Conservator's Account (§ 75-5-419) — annually unless the Court orders otherwise. Itemize receipts, disbursements, and assets on hand.

Sources and References

• Utah Code Title 75, Chapter 5: https://le.utah.gov/xcode/Title75/Chapter5/75-5.html
• Utah Code § 75-5-303: https://le.utah.gov/xcode/Title75/Chapter5/75-5-S303.html
• Utah Code § 75-5-410 (Conservator appointment priorities) and § 75-5-411 (Bond): https://le.utah.gov/xcode/Title75/Chapter5/C75-5_1800010118000101.pdf
• Utah Courts — Guardianship Self-Help: https://www.utcourts.gov/howto/guardianship/
• Utah Judicial Council probate forms: https://www.utcourts.gov/howto/

End of Utah Adult Guardianship / Conservatorship Petition Packet.