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Temporary Guardian

Guardianship and Conservatorship Home Page

Under Utah Code Section 75-5-310, the court may appoint a temporary guardian if:

  • an emergency exists; and
  • the respondent's welfare requires immediate action; and
  • the respondent has no guardian or the guardian is not effectively performing their duties.

The appointment of a temporary guardian is not a determination of the respondent's incapacity. The appointment of a temporary guardian can be without notice to anyone. The order will designate a period of days (not to exceed 30 days) during which the temporary guardian has authority to make decisions on the respondent's behalf. The order might limit the areas in which the temporary guardian can make decisions.

Within 5 days after the order, the court must hold a hearing and begin the process to determine the respondent's incapacity. For a description of the regular procedures for appointing a guardian, see the page on Procedure for Appointing a Guardian for An Adult.

The temporary guardian is responsible for the protected person's care and custody and must not permit the protected person to leave Utah. The authority of any previously appointed guardian is suspended so long as a temporary guardian has authority.

Utah law does not provide for the appointment of a temporary conservator.


Forms

  • Checklist - PDF Document PDF | Word Document Word
  • Coversheet - PDF Document PDF | Word Document Word
  • Petition to Appoint a Temporary Guardian for an Adult - PDF Document PDF | Word Document Word
  • Proposed Findings of Fact and Conclusions of Law - PDF Document PDF | Word Document Word
  • Proposed Order Appointing a Temporary Guardian for an Adult - PDF Document PDF | Word Document Word
  • Acceptance of Appointment - PDF Document PDF | Word Document Word
  • Letter of Temporary Guardianship - PDF Document PDF | Word Document Word
  • Notice of Hearing - PDF Document PDF | Word Document Word


Page Last Modified: 4/17/2013
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