VERIFIED PETITION FOR APPOINTMENT OF [LIMITED/FULL] GUARDIAN
In the [___] District Court, [COUNTY] County, State of Utah – Probate Division
Case No. [_] | Judge [_]
PETITIONER(S):
- [PETITIONER FULL LEGAL NAME], an individual residing at [ADDRESS]
- [Additional Petitioners, if any]
PROPOSED WARD:
[WARD FULL LEGAL NAME], [date-of-birth //____], currently residing at [ADDRESS or FACILITY NAME]
[// GUIDANCE: Utah practice requires a verified pleading. Add a notary block in Section X.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions (Relief Requested)
- Representations & Warranties of Petitioner
- Covenants & Restrictions Applicable to Guardian
- Default & Remedies (Court Oversight)
- Risk Allocation (Bond & Fiduciary Duty)
- Dispute Resolution & Jurisdiction
- General Provisions
- Execution Block (Verification & Notarization)
Cross-references appear as “§ [number]”.
1. DOCUMENT HEADER
1.1 Effective Date. This Verified Petition (“Petition”) is deemed filed on the date stamped by the clerk of the [___] District Court, Probate Division (“Court”).
1.2 Governing Law. This matter is governed by the Utah Uniform Probate Code, Utah Code Ann. §§ 75-5-101 et seq., the Utah Rules of Civil Procedure, and the Utah Rules of Probate Procedure (“State Guardianship Law”).
1.3 Jurisdiction & Venue. Jurisdiction is proper under Utah Code Ann. § 75-5-201 (minor) or § 75-5-301 (adult) and venue lies in [COUNTY] County because the Proposed Ward resides or is present therein.
1.4 Nature of Action. Petitioner seeks appointment of a [limited/full] guardian to protect the person and, if incidental, the property of the Proposed Ward.
2. DEFINITIONS
Unless the context clearly indicates otherwise, capitalized terms have the meanings below and apply throughout this Petition.
“Bond” – The surety obligation required under Utah Code Ann. § 75-5-411 and § 75-5-204(3), conditioned on faithful discharge of fiduciary duties.
“Court” – The [___] District Court, Probate Division, State of Utah.
“Guardian” – The individual sought to be appointed herein, having authority as defined in Utah Code Ann. § 75-5-312 or § 75-5-207.
“Petitioner” – Each person listed in the caption who brings this Petition.
“Proposed Ward” or “Ward” – The individual for whom guardianship is sought.
“Report” – A written report or accounting required to be filed under Utah Code Ann. § 75-5-312(3) (adult) or § 75-5-209 (minor).
3. OPERATIVE PROVISIONS (RELIEF REQUESTED)
3.1 Appointment Requested. Petitioner respectfully petitions the Court to:
a. Determine the incapacity/minority of the Proposed Ward under Utah Code Ann. § 75-5-102;
b. Appoint [PROPOSED GUARDIAN NAME] as [limited/full] Guardian;
c. Define the specific powers and limitations of the Guardian as set forth in § 5.1;
d. Set Bond in the amount of $[__], or alternatively waive Bond pursuant to § 75-5-204(3) upon good cause shown;
e. Issue Letters of Guardianship upon filing of the required Acceptance of Appointment and Bond;
f. Grant such other relief as the Court deems just.
3.2 Notice. Petitioner will provide notice of hearing as required by Utah Code Ann. § 75-5-309 and Utah R. Prob. P. 6 to:
(i) the Ward; (ii) the Ward’s spouse, parents, and adult children (if any); (iii) any person having care or custody of the Ward; and (iv) all other persons entitled to notice under State Guardianship Law.
3.3 Proposed Hearing Date. Petitioner requests that the Court set the matter for hearing on or after [DATE], allowing sufficient time to meet statutory notice periods.
4. REPRESENTATIONS & WARRANTIES OF PETITIONER
4.1 Eligibility. Petitioner represents that the Proposed Guardian:
a. Is at least 18 years old and a resident of the State of Utah;
b. Has no felony convictions or pending criminal charges involving moral turpitude;
c. Is not listed on any registry that would disqualify appointment; and
d. Is willing and able to discharge fiduciary duties imposed by law.
4.2 Best Interest. Petitioner warrants that appointment of the Proposed Guardian is in the best interest of the Ward and is the least restrictive alternative currently available.
4.3 Completeness & Accuracy. Petitioner affirms that all factual statements herein are true to the best of Petitioner’s knowledge and belief and that all required exhibits (medical evaluations, consents, etc.) are attached or will be filed prior to hearing.
[// GUIDANCE: Attach physician/psychologist report for adult incapacity or minor’s birth certificate for minor guardianship.]
5. COVENANTS & RESTRICTIONS APPLICABLE TO GUARDIAN
5.1 Scope of Authority. Unless specifically limited by the Court, the Guardian shall have the powers enumerated in Utah Code Ann. § 75-5-312(1)–(2) (adult) or § 75-5-207 (minor), including without limitation:
a. Custody and residential placement;
b. Consenting to medical, psychiatric, and dental care;
c. Facilitation of education and vocational services;
d. Application for government benefits; and
e. Commencement of protective proceedings when appropriate.
5.2 Limitations. Without further Court order, the Guardian shall not:
a. Place the Ward in a secured facility or out-of-state residence;
b. Consent to sterilization, abortion, or experimental treatment;
c. Transfer real property of the Ward; or
d. Contravene any advance health-care directive previously executed by the Ward.
5.3 Reporting Requirements. The Guardian covenants to:
a. File an initial inventory within 90 days of appointment if the Guardian exercises control over assets (§ 75-5-312(3)(a));
b. File a confidential annual status Report on the Ward and Guardian’s activities (§ 75-5-312(3)(b));
c. Provide a copy of each Report to all interested persons as defined by § 75-1-201(24); and
d. Maintain supporting documentation for examination by the Court.
5.4 Compliance & Training. The Guardian shall complete any court-mandated guardian training and comply with all additional orders issued in this matter.
6. DEFAULT & REMEDIES (COURT OVERSIGHT)
6.1 Events of Default. The following constitute default by the Guardian:
a. Failure to file required Bond or Reports;
b. Breach of fiduciary duty or misappropriation of funds;
c. Failure to comply with Court orders; or
d. Incapacity, death, or resignation without approved successor.
6.2 Remedies. Upon default, the Court may, after notice and hearing where required:
a. Issue orders to compel compliance;
b. Surcharge the Guardian;
c. Remove or suspend the Guardian and appoint a temporary or successor guardian;
d. Revoke Letters of Guardianship; and/or
e. Award reasonable attorney fees and costs to prevailing parties under Utah Code Ann. § 75-5-415.
6.3 Notice & Cure. Except in emergencies, the Guardian will receive 14 days’ written notice of alleged default and an opportunity to cure prior to enforcement of remedies.
7. RISK ALLOCATION (BOND & FIDUCIARY DUTY)
7.1 Bond Requirement. As security for faithful performance, the Proposed Guardian shall obtain a Bond in the penal sum of $[__] issued by a surety authorized to do business in Utah. The Bond shall remain in force until the Guardian is formally discharged.
[// GUIDANCE: If the Ward has no significant assets, request waiver under § 75-5-204(3).]
7.2 Indemnification. The Guardian acknowledges personal fiduciary liability to the Ward and, absent willful misconduct or gross negligence, is entitled to indemnification from the Ward’s estate for reasonable expenses incurred in good-faith performance of duties, subject to Court approval.
7.3 Insurance. If the Ward possesses real or personal property of significant value, the Guardian shall maintain adequate casualty and liability insurance naming the Ward as insured.
7.4 Force Majeure. Non-compliance caused by events beyond the Guardian’s reasonable control (natural disasters, public health emergencies, etc.) shall not constitute default, provided the Guardian promptly notifies the Court and seeks appropriate relief.
8. DISPUTE RESOLUTION & JURISDICTION
8.1 Governing Law. All matters arising under or related to this guardianship shall be governed exclusively by State Guardianship Law.
8.2 Forum Selection. The Probate Division of the [___] District Court, State of Utah, shall retain exclusive jurisdiction.
8.3 Arbitration. Arbitration is not available for matters within the exclusive jurisdiction of the Probate Court.
8.4 Jury Waiver. No jury trial is available in guardianship proceedings unless specifically provided by statute.
8.5 Injunctive Relief. The Court may issue temporary restraining or protective orders sua sponte or on motion to safeguard the Ward pending final determination.
9. GENERAL PROVISIONS
9.1 Amendments. Any modification of Guardian powers or scope shall be by subsequent Court order.
9.2 Successors & Assigns. Rights and obligations herein bind any successor guardian appointed by the Court.
9.3 Severability. If any provision is found unenforceable, the remainder shall remain in full force and effect.
9.4 Integration. This Petition, together with all schedules and exhibits, constitutes the complete pleading of Petitioner’s request for guardianship.
9.5 Electronic Signatures. Consistent with Utah Code Ann. § 46-4-201, electronic signatures and filings have the same force as original documents.
10. EXECUTION BLOCK
10.1 Signature of Petitioner
I declare under criminal penalty under the law of Utah that the foregoing is true and correct.
Date: __ , 20_
[PETITIONER NAME], Petitioner
10.2 Acceptance of Appointment by Proposed Guardian
I, [PROPOSED GUARDIAN NAME], accept the duties of Guardian and submit personally to the jurisdiction of this Court.
Date: __ , 20_
[PROPOSED GUARDIAN NAME], Proposed Guardian
10.3 Notary Acknowledgment
State of Utah )
County of [____] )
On this ___ day of _, 20, before me, the undersigned notary, personally appeared [PETITIONER NAME] ☐ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that he/she executed the same.
Notary Public
My Commission Expires: __/_/___
[// GUIDANCE:
1. Attach requisite exhibits—e.g., Medical Evaluation, Criminal Background Check, Guardianship Plan, Proposed Order, and Letters of Guardianship template.
2. File a completed “Protected Person Contact Cover Sheet” per local rule.
3. Serve notice using Judicial Council form PB-1 with proof of service.
4. Calendar annual review dates immediately upon issuance of Letters.
5. Consider requesting limited guardianship if functional assessment recommends specific, not global, restrictions.]