(801) 254-9450 Guardianship is not only for children who need to be protected after an untimely event, such as the death of their parents. Sadly, living parents who are neglectful or addicted to drugs often endanger minors in their care. Sometimes, incapacitated adults also need protection from exploitation by others.
If you are concerned about who will care for your child or a dependent adult if something happens to you, a South Jordan guardianship lawyer could help. An estate planning attorney at Carr | Woodall could answer your questions and strategize with you to meet your needs.
Guardianships are granted by probate, family, or criminal courts to protect minors and incapacitated adults. These two groups are handled similarly, with some differences, and courts may limit the actions guardians are permitted to take.
A guardian appointed to have custody of a child, referred to as a protected person or ward, is responsible for their physical care and lifestyle. They may make decisions regarding the child’s living situation, health care, education, financial oversight, and social activities. To be appointed, a guardian must be deemed responsible, be 18 or older, and cannot be the child’s parent.
Guardianship for an incapacitated adult is established when they are unable to evaluate information presented to them, cannot make decisions, or cannot provide themselves with life necessities—such as food, clothing, shelter, and health care. The courts determine if a person’s functionality falls under incapacitation according to Utah Code 75-1-201.
Guardians are not the same as conservators. A guardian safeguards an incapacitated adult and helps them live as independently as possible. A conservator also tends to an adult’s property and finances, and the adult does not need to be incapacitated for one to be appointed. When considering whether a guardianship would be beneficial for someone you love, an attorney in South Jordan could help you evaluate your options.
A judge has limited discretion in appointing a guardian, as there is a priority list according to Utah Code Section 75-5-311. The respondent of the guardianship can nominate a guardian if they are still cognizant. If they are not, a judge will appoint the respondent’s spouse, adult child(ren), or parents, in that order. However, there may be a reason to skip over someone. Those next on the list include:
The guardianship process follows strict legal protocol, and our South Jordan lawyers are happy to answer your questions and assist you in making the best decision for your family.
Whether you are considering guardianship for an incapacitated adult or a child, appointing someone provides a necessary level of care for those who cannot advocate for themselves. The process can be challenging, and the court’s rules must be followed. That is why you need a South Jordan guardianship lawyer to take charge on your behalf. We could collaborate with you to find the perfect solution for your needs. Contact Carr | Woodall today to explore your options.