Guardianships & Conservatorships

Securing Legal Authority to Protect Vulnerable Loved Ones

When a family member is unable to care for themselves or manage their own affairs, it can be a deeply concerning time. Whether you have a child with special needs who is turning 18, an aging parent suffering from dementia, or a minor child who has lost their parents, establishing a legal guardianship or conservatorship ensures they are protected by a trusted family member.

At Canyons Law Group, we guide families through the sensitive and detailed process of petitioning Utah probate courts for guardianship or conservatorship, helping you obtain the legal authority needed to manage healthcare, housing, and financial affairs.

Guardianship vs. Conservatorship: Understanding the Difference

While both roles are designed to protect a vulnerable person (referred to as the "protected person" or "ward"), they cover different areas of responsibility:

• Guardianship: Grants legal authority to make personal, day-to-day decisions. This includes choosing where the person lives, consenting to medical treatments, and coordinating education and social services.
• Conservatorship: Grants legal authority to manage the person's financial estate. This includes paying bills, managing investments, selling real estate, and protecting assets from exploitation.
• Full vs. Limited Authority: Courts prefer to grant the narrowest scope of authority possible to preserve the protected person's independence. We help you establish limited or co-guardianships when appropriate.

Key Situations Requiring Court Action

We commonly assist families in establishing protective court orders in these scenarios:

• Adult Special Needs Children: In Utah, parents lose the automatic right to make medical, financial, or educational decisions for their child once they turn 18, even if the child has severe developmental disabilities. We help parents establish guardianship as their child transitions to adulthood.
• Incapacitated Elderly Parents: When a parent suffers from dementia, stroke, or cognitive decline and has not executed a Power of Attorney, a court-supervised guardianship/conservatorship is required to coordinate care and protect their assets.
• Minors Inheriting Property: If a minor child is set to receive a significant inheritance or insurance payout, a conservator must be appointed to hold and manage those funds until the child reaches age 18.