Guardianship is not one proceeding in Utah. It is four, and they run under different parts of Title 75, Chapter 5, with different standards of proof, different filing fees, and in one case a hearing that is held remotely by default. Picking the wrong one costs months. This page sorts out which track applies to your situation and points to the guide that covers it in detail.
Last updated: September 2026
Key Takeaways
- A guardian decides about the person. A conservator decides about the money. They are separate appointments.
- For an adult the standard is clear and convincing evidence. For a minor it is a preponderance.
- The court is required to prefer a limited order and must make a specific finding before granting a full one.
- The filing fee is $375, or $35 when the prospective ward is your own biological or adoptive child.
- An allegedly incapacitated adult gets a court-appointed attorney, a right to be present, and a right to a jury.
- Title 75, Chapter 5, was rewritten in the 2025 and 2026 sessions, so older guidance is unreliable.
- A power of attorney and an advance health care directive prevent most adult cases before they start.
- Jeremy Eveland builds Utah estate plans for $1,500 (will-based) or $3,500 (trust-based), quoted before work begins.
The Four Guardianship Tracks in Utah
| Track | Who it covers | Standard | Part |
|---|---|---|---|
| Guardian of a minor | A child under 18 | Preponderance of the evidence | Part 2, 75-5-201 to 212 |
| Guardian of an incapacitated adult | An adult who cannot meet essential requirements | Clear and convincing evidence | Part 3, 75-5-301 to 317 |
| Conservator | The estate of a minor or a protected adult | Inability to manage plus risk of waste | Part 4, 75-5-401 to 433 |
| Severe intellectual disability | An adult with a lifelong diagnosis from childhood | Its own findings, hearing held remotely by default | Part 6, 75-5-601 to 613 |
A fifth option, added in 2025, is not a guardianship at all. Sections 75-5-701 through 75-5-709 create supported decision-making agreements, where a supporter helps a person decide without taking any authority, and Section 75-5-708(4) forbids a court from treating one as evidence of incapacity.
Which Guardianship Track You Need
- A child whose parents cannot care for them. Part 2. You need one of the three gateways in Section 75-5-204(1): informed parental consent, terminated parental rights, or parents unwilling or unable. Start with the Utah guardianship guide.
- A parent with dementia and no signed documents. Part 3, and possibly Part 4 as well if there is property to manage. Check for an existing power of attorney first; it usually answers the necessity question.
- A disabled child approaching 18. Section 75-5-317 lets you file at 17 years and six months so the order takes effect on the birthday, and it overrides the normal priority list in your favor.
- Only money is at stake. A conservatorship, not a guardianship. Section 75-5-408(2) says a conservatorship order “has no effect on the capacity of the protected person,” so nothing is taken from their legal status.
- One transaction needs to happen. Section 75-5-409 lets a court approve a single sale, lease, contract, or trust without appointing anyone.
- A short, planned absence involving a child. Section 75-5-103 lets a parent delegate parental powers by power of attorney for up to six months, with no court case at all.
What Changed in 2025 and 2026
Three consecutive legislative sessions rewrote this chapter, which is why guidance written before mid-2025 describes law that no longer applies.
- Chapter 543, 2025 added Section 75-5-101.1, the chapter’s first definitions section, defining full guardianship, limited guardianship, legal decision-making, letters of guardianship, court visitor, and specialized care professional. It also enacted all of Part 6.
- Chapter 533, 2025 enacted Part 7, supported decision-making agreements, Utah’s first statutory alternative to a guardianship.
- Chapter 265, 2026 expanded the ward’s bill of rights at Section 75-5-301.5 and, in Subsection (8), allowed those rights to be “enforced through a private cause of action.”
One date matters for existing cases. Section 75-5-301.5(2) provides that a guardianship granted before May 7, 2025 is governed by the rights provisions in effect when it was granted. Orders entered on or after that date get the current list.
What a Guardianship Costs to Start
The court filing fee is $375 under Section 78A-2-301(1)(a). It drops to $35 under Subsection (1)(b)(vii) when the prospective ward is the petitioner’s own biological or adoptive child, which is the rate a parent pays for a disabled adult child.
The larger cost usually surprises people. In an adult case, Section 75-5-303(2)(b) requires the court to appoint an attorney for the allegedly incapacitated person unless they have their own, and that attorney is paid by that person unless they and their parents are indigent. Fee shifting then runs both directions: Section 75-5-303(2)(c) makes a petitioner who brings a meritless petition pay the fees and costs, and Subsection (2)(d) entitles a petitioner who is appointed to reimbursement from the incapacitated person.
What the Court Must Find
For an adult, Section 75-5-304(1) requires clear and convincing evidence of two things: that the person is incapacitated, and that the appointment “is necessary or desirable as a means of providing continuing care and supervision.” The second element is where a well-drafted power of attorney usually ends the case.
Then the court has to take the least it can. Section 75-5-304(2)(a): “The court shall prefer a limited guardianship and may only grant a full guardianship if no other alternative exists,” and if it grants full authority anyway, “a specific finding shall be made that nothing less than a full guardianship is adequate.” Subsection (2)(b) requires the limitations to appear in the order and on the letters of guardianship, which is what a bank or hospital actually reads.
Incapacity itself is a functional test. Section 75-1-201(25) asks whether a person can receive and evaluate information, make and communicate decisions, and provide for necessities, and measures that “even with appropriate technological assistance.” Accommodations count in the person’s favor.
What Happens After the Order
Appointment is the start of a supervised fiduciary role, not the end of the case.
- Accounting. Where no conservator serves, Section 75-5-312(2)(k) requires a full annual accounting for an estate over $50,000 excluding the residence, and an informal report below it. Section 75-5-312(7)(d) exempts a guardian who is the ward’s parent.
- Moving the ward. Absent an emergency, 10 days’ notice must be filed with the court and served on all interested persons.
- Family contact. Section 75-5-312.5 forbids restricting an adult ward’s association with relatives or qualified acquaintances without a court order, puts the burden on the guardian, and allows attorney fees plus a sanction up to $1,000 for bad faith.
- Penalties. Up to $5,000 plus restitution under Section 75-5-312(7), paid by the guardian personally and never from the ward’s estate.
A conservator carries more: a sworn inventory within 90 days under Section 75-5-418(1), a bond unless the court excuses it under Section 75-5-411, and accountings whose approval, under Section 75-5-419(3), adjudicates liability for the matters they cover.
Before You File for Guardianship
Most adult cases are a missing signature. Four documents prevent nearly all of them:
- A durable financial power of attorney under Title 75A, Chapter 2, which is durable by default in Utah. See the power of attorney overview.
- An advance health care directive naming an agent. The framework was replaced effective January 1, 2026 and the form moved. See the advance health care directive guide.
- A written nomination of guardian under Section 75-5-311(1), which the court must follow unless the nominee is disqualified or there is good cause.
- A funded trust, which keeps property out of a conservatorship entirely. For a beneficiary with a disability, a special needs trust does it without a court.
These belong in an ordinary plan, covered in the Utah estate planning guide.
What This Page Is Not
This is an orientation page. It is deliberately shorter than the full analysis, because the first job in a guardianship matter is choosing the right proceeding rather than reading everything about all of them.
Three things are worth knowing before you go further. First, a guardianship is not permanent by design: Section 75-5-306(1)(b) lets the original order bar a restoration petition for at most one year, and after that the ward or anyone interested in their welfare may ask the court to end it. Second, a nomination beats the statutory priority list. Section 75-5-311(1) requires the court to appoint according to a person’s most recent written, signed nomination made before incapacity, unless that nominee is disqualified or there is other good cause, and the statute prints the form. Third, the guardian’s own compensation is not a fixed percentage; Section 75-5-301.5(3)(i) and (j) require a reasonable rate and court review of payment requests to prevent excessive or duplicative billing.
Where to Get Help
The full legal analysis, including the ward’s rights, the priority list, removal, and the alternatives, is in the Utah guardianship guide. The money side is in the Utah conservatorship guide. If you are weighing permanence rather than authority, compare guardianship and adoption. For a family managing an aging parent, the practical entry point is usually elder law.
Representation is available statewide. See the guardianship lawyer directory for the city nearest you.
If you are ready to put a plan in place, start with Jeremy Eveland’s estate planning practice.
Frequently Asked Questions
What is guardianship in Utah?
A court proceeding under Title 75, Chapter 5, that gives one person authority to make decisions for another, either a minor under Part 2 or an incapacitated adult under Part 3. Authority over property is a separate appointment called a conservatorship.
What is the difference between a guardian and a conservator?
A guardian handles the person: residence, care, and medical decisions. A conservator handles the estate. Section 75-5-408(2) provides that a conservatorship order has no effect on the protected person’s legal capacity, while a guardianship rests on a finding of incapacity.
How much does it cost to file?
$375 under Section 78A-2-301(1)(a), or $35 under Subsection (1)(b)(vii) when the prospective ward is your own biological or adoptive child. Attorney fees and appointed counsel are separate.
Does the person get a lawyer?
In an adult case, yes. Section 75-5-303(2)(b) requires the court to appoint one unless the person has their own, paid by that person unless they and their parents are indigent, with a narrow seven-condition exception.
Can the court order something less than full guardianship?
It is required to try. Section 75-5-304(2)(a) directs the court to prefer a limited guardianship and to grant a full one only if no other alternative exists, with a specific finding to that effect.
Is there an alternative to guardianship?
Several. A power of attorney, an advance health care directive, a protective arrangement under Section 75-5-409, and, since 2025, a supported decision-making agreement under Sections 75-5-701 through 75-5-709.
What happens when a disabled child turns 18?
Parental authority ends. Section 75-5-317 lets a petition be filed once the child is 17 years and six months old, with the order effective on the eighteenth birthday, and gives priority to whoever held legal decision-making at that point.
Can a guardianship be undone?
Yes. Section 75-5-306(1) lets the ward or anyone interested in their welfare petition for an order that the ward is no longer incapacitated, and Subsection (1)(c) allows that request to be made by informal letter to the court.
The first question is usually whether a court is needed at all. If it is, the second is which of the four tracks applies, because filing the wrong one costs months.
Schedule a consultation or call (801) 613-1472. Offices in Lindon and West Jordan, Utah.
This article is general information about Utah law, not legal advice for your situation. Reading it does not create an attorney-client relationship. Statutory provisions are current as of the date above.
