Guardianship and Conservatorship
Guardianship is the care of a person who, either due to age or capacity,
is not able to care for himself. Conservatorship is the care of another
person's assets or estate who either due to age or capacity is not able
to care for himself. Often, both a guardian and a conservator will need
to be appointed although many times only one is needed. The same person or
different people may be appointed to serve as guardian and conservator, or
more than one person may be appointed to fill either office. For short term
solutions or special situations neither appointment may be needed.
Only a judge can appoint a guardian or a conservator. Through a specialized
court proceeding the judge determines a) if a person is incapacitated, b)
if a guardian and/or conservator is needed, c) that a qualified person
is appointed, and d) that subsequent reports (if necessary) are filed by
the appointed person.
There are several requirements to meet before the court will make such
important decisions regarding one who may be incapacitated. It is important
to get legal advice from an experienced attorney. Call Steve Buhler at
801-964-6901 to discuss your situation, or contact us at
sjblawyer@aol.com.
Before a person can be appointed a guardian or conservator he or she must
successfully complete an examination and submit documentation of the same
to the court. For a copy of the examination, go to
http://www.utcourts.gov/howto/seniors/g_and_c.asp.
For information on how to appoint a guardian and/or conservator in your will
for your minor children, go to http://www.UtahWillsAndTrusts.com.
|
