Menu
Full Website
 

Ending a Guardianship or Conservatorship

Return to Guardianship and Conservatorship Home Page


Death of the protected person

If the protected person dies, notify the court and interested persons immediately and file a copy of the death certificate with the court. You must also notify the interested persons if you anticipate that the protected person will die. Utah Code Section 75-5-312.

If a protected person dies, the conservator must also:

  • deliver the protected person's will to the court and inform the executor or a beneficiary named in the will that you have done so;
  • continue to pay the protected person's obligations and protect the estate from harm; and
  • deliver the balance of the estate to the protected person's personal representative or to others who are entitled to it.

The conservator may ask the court to allow him or her to administer and distribute the estate without being appointed as the protected person's personal representative, but only if at least 40 days has passed from the protected person's death and no other person has applied to be appointed personal representative. Utah Code Section 75-5-425 . If the court appoints a personal representative other than the conservator, the personal representative will take over management of the estate.

Usually the protected person's next-of-kin will make funeral arrangements and arrangements for burial, cremation or donation of the body. If there are no relatives to make these arrangements, and the protected person has not made arrangements during his or her lifetime, the guardian or conservator may do so. Try to determine the decisions that the protected person would have made. Look at the protected person's will or any other documents that might show the protected person's preferences. Talk with the protected person's family. Consider the beliefs and customs of the protected person's religious or spiritual community.


Request to terminate a guardianship

The protected person or anyone interested in the protected person's welfare may file a motion or letter with the court asking that the court terminate the guardianship because the protected person has regained capacity. Anyone who knowingly interferes with this request may be guilty of contempt of court.

If the order appointing the guardian specifies a minimum period during which no one is permitted to claim that the protected person is not incapacitated, the person who wants to file the motion or letter will first have to ask the court for permission to do so. The minimum period can be up to one year.

The court will follow the same procedures to safeguard the protected person's rights as provided in Utah Code Section 75-5-303. Since the protected person's incapacity is at issue, the court is required to appoint an attorney to represent the protected person.

Utah Code Section 75-5-307.

A request to terminate the guardianship is in the section on Forms, below.


Request to terminate a conservatorship

The protected person, the protected person's personal representative or conservator, or any other interested person may file a motion with the court to terminate a conservatorship. The court will follow the same procedures to safeguard the protected person's rights as provided in Utah Code Section 75-5-407.

Utah Code Section 75-5-430.

A request to terminate the conservatorship is in the section on Forms, below.


Final accounting

If the court terminates the guardianship or conservatorship, the conservator — or the guardian if there is no conservator — must file a final accounting with the court. For more information and forms, see our page on Reports Required from the Guardian and Conservator.


Forms



Page Last Modified: 3/25/2014
Return to Top