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 an "incapacitated person" because Respondent is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs/alcohol, or other cause (except minority) to the extent that Respondent lacks sufficient understanding or capacity to make or communicate responsible decisions.

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) Order a physician or physician assistant examination under § 75-5-303(4);
(d) Appoint a court visitor under § 75-5-303(6) unless waived by clear and convincing physician evidence;
(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 WILL appoint counsel for you (Utah Code § 75-5-303(2)(b)). 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.
• ☐ Right to a physician or physician assistant examination, with the written report submitted to the Court (§ 75-5-303(4)).
• ☐ Right to a court visitor's investigation (§ 75-5-303(6)) unless waived for cause.
• ☐ 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 seek termination/modification at any time (§ 75-5-307; § 75-5-308).

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)

Notice of the Petition and hearing is given to each person listed in Section 8 of the Petition. Notice shall be served not less than fourteen (14) days before hearing by personal service or first-class mail.

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 visitor requirement is waived ONLY upon clear and convincing physician evidence that the Respondent is incapacitated (Utah Code § 75-5-303(6)(b)(ii)). ☐ Waived. ☐ Not waived.

___________________________________
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 § 75-5-410; § 75-5-411)

The Court shall require bond from the conservator unless waived under § 75-5-410(2) (e.g., where a corporate fiduciary or specific protective alternative is approved).

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, the physician/PA report, the court visitor's report (or waiver), the report of counsel for Respondent, 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 (Bond): https://le.utah.gov/xcode/Title75/Chapter5/75-5-S410.html
• 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.