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Moving a Guardianship or Conservatorship

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Moving the protected person to a different residence.

You do not need the court's permission to move the protected person to another residence within Utah, but you must notify the court that you are doing so and provide the court with the protected person's new address. You must also notify the other interested persons. Utah Code Section 75-5-312 . There are no forms to report a change in residence; a letter or email will do. Address it to the clerk of the court that appointed you. Be sure to identify the case number and the protected person's name. Send a copy to the interested persons.

You must also notify the court if you move. Rule of Civil Procedure 76 .


Transferring a guardianship or conservatorship from one county to another within Utah

You do need the court's permission to transfer the guardianship or conservatorship to another county within Utah. Moving the protected person to another residence within Utah, even if the residence is in a different county, is different from transferring the guardianship or conservatorship itself to another county. It is possible for the protected person to move without transferring the guardianship or conservatorship itself, and it is possible to transfer the guardianship or conservatorship without moving the protected person.

Transferring the guardianship or conservatorship to another county within Utah is called a "change of venue," and you need the court's permission. If it would be more convenient to report to a district court in a county other than the one that appointed you, you can file a motion to change venue. Utah Code Section 75-5-302 and Section 75-5-403.

A request to change venue is in the section on Forms, below.


Transferring a guardianship or conservatorship from Utah to another state

To transfer a guardianship or conservatorship to another state, you must petition the Utah district court for permission. Notice of the petition must be served on the persons who would be entitled to notice of a petition for the appointment of a guardian or conservator. For a list of persons entitled to notice of a petition to appoint a guardian, see Utah Code Section 75-5-309 or our page on Procedure for Appointing a Guardian for an Adult. For a list of persons entitled to notice of a petition to appoint a conservator, see Utah Code Section 75-5-405 or our page on Procedure for Appointing a Conservator for an Adult.

The Utah court may hold a hearing and will issue an order provisionally granting the petition to transfer if the court is satisfied that:

  • the guardianship or conservatorship will be accepted by the court in the other state;
  • the protected person is present in or is reasonably expected to move permanently to the other state, or, if the proceeding is a conservatorship, the protected person has a significant connection to the other state;
  • there is no objection to the transfer, or, if there is an objection, the objector has not established that the transfer would be contrary to the interests of the protected person; and
  • plans for care and services in the other state for the protected person are reasonable and sufficient, and arrangements for management of the protected person's property are adequate.

The order will direct the guardian or conservator to petition for guardianship or conservatorship in the proper court in other state. The Utah court will issue a final order confirming the transfer and terminating the Utah guardianship or conservatorship upon receipt of both a provisional order from the court of the other state accepting the proceeding and the documents required to terminate the Utah guardianship or conservatorship.

Utah Code Section 75-5b-301.


Final accounting

If the Utah district court grants a petition to move a guardianship or conservatorship to another state, 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.


Transferring a guardianship or conservatorship from another state to Utah

To confirm the transfer of a guardianship or conservatorship from another state to Utah, the guardian or conservator must petition the Utah district court to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order transferring the guardianship or conservatorship to Utah.

You must give notice of the petition to those who would be entitled to notice under the laws of both the other state and Utah. You will have to refer to the laws of the other state to find out who is entitled to notice under those laws. For a list of persons entitled to notice of a petition to appoint a guardian under Utah law, see Utah Code Section 75-5-309 or our page on Procedure for Appointing a Guardian for an Adult. For a list of persons entitled to notice of a petition to appoint a conservator under Utah law, see Utah Code Section 75-5-405 or our page on Procedure for Appointing a Conservator for an Adult.

The notice must be served under Utah law. The protected person must be personally served in a manner permitted by URCP 4. The protected person's spouse and parents must be personally served in a manner permitted by URCP 4 if they can be found within the state. Others may be served by first class mail or other method permitted by URCP 5. Proof of service must be filed with the court. For more information and forms, see our page on Serving Papers. If a person to be served cannot be found, s/he can be served by alternative means. For more information and forms, see our page on Alternative Service.

The court will hold a hearing if one is requested. The court will issue an order provisionally accepting the guardianship or conservatorship unless:

  • an objection establishes that transferring the proceeding would be contrary to the protected person's interests; or
  • the guardian or conservator is not eligible for appointment.

The court will issue a final order accepting the guardianship or conservatorship and appointing the guardian or conservator when it receives from the court from the other state a final order moving the guardianship or conservatorship to Utah. Once appointed by a Utah district court, the guardian or conservator has the same authority and responsibilities as any guardian or conservator appointed by the Utah district court.

The Utah district court must determine whether the guardianship or conservatorship needs to be modified to conform to Utah law within 90 days after the final order accepting the guardianship or conservatorship.

If the Utah district court does not accept a guardianship or conservatorship from the other state — or if the other state does not have a process for transferring guardianship or conservatorship to another state — the guardian or conservator may petition the court to appoint them in a regular protective proceeding. For more information and forms, see our pages on Procedure for Appointing a Guardian for an Adult or Procedure for Appointing a Conservator for an Adult.

Utah Code Section 75-5b-302.


Forms

  • Motion to Change Venue - PDF Document PDF


Page Last Modified: 5/10/2013
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