Resignation or Removal of a Guardian or Conservator

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Unless a guardianship or conservatorship ends because of the protected person's death, you keep your obligations until the court ends the appointment. Utah Code Section 75-5-306, Section 75-5-307 and Section 75-5-415.


Resignation

You may resign, and the court will appoint another guardian or conservator if the protected person still needs one or both. If you have been appointed as both guardian and conservator, you can resign as one or the other or both. If you decide you are no longer able to handle the responsibility of being a guardian or conservator you should file a motion with the court to accept your resignation.

There are no approved forms for this particular motion, but for information and general motion forms, see our page on Motions.

For more information and forms for appointing a successor, see our page on Procedure for Appointing a Guardian for an Adult or Procedure for Appointing a Conservator for an Adult.


Motion to remove the guardian or conservator

The protected person or anyone interested in the protected person's welfare may file a motion with the court asking the court to remove the guardian or conservator. The court may order the removal and appoint a successor if it is in the protected person's best interests to do so. Utah Code Section 75-5-307 and Section 75-5-415.

If the protected person is under a guardianship, the court will follow the same procedures to safeguard the protected person's rights as provided in Utah Code Section 75-5-303, except that the court is not required to appoint an attorney to represent the protected person unless the case is contested or incapacity is at issue.

If the protected person is under a conservatorship only, the court will follow the same procedures to safeguard the protected person's rights as provided in Utah Code Section 75-5-407.

There are no approved forms for this particular motion, but for information and general motion forms, see our page on Motions.

For more information and forms for appointing a successor, see our page on Procedure for Appointing a Guardian for an Adult or Procedure for Appointing a Conservator for an Adult.


Final accounting

If a guardian or conservator resigns or is removed, 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.


Ending the guardianship or conservatorship

Resigning or being removed as the guardian or conservator is different from ending the guardianship or conservatorship itself. If you resign or are removed, the court will appoint another guardian or conservator. The guardianship or conservatorship itself will end only if the protected person dies or the court determines that the protected person is no longer incapacitated. For more information, see our page on Ending a Guardianship or Conservatorship.

If the court grants a petition to transfer the guardianship or conservatorship to another state, the Utah guardianship or conservatorship will end, but that will be in conjunction with starting the guardianship or conservatorship in the other state. For more information, see our page on Transferring a guardianship or conservatorship from Utah to another state.


Page Last Modified: 6/3/2013
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