There are different types of guardianship for different situations. If you are looking for information about guardianship for a:
Adult, click here.
Child under 18, click here.
Child who is turning 18 soon or who is already an adult and you are their parent, click here.
Emergency Guardianship of an Adult, you are in the right place. Keep reading the information below.
Having a guardian appointed for an adult can take some time. However if there is an emergency, it is possible to ask the court to appoint an emergency guardian for an adult for a limited period of time. The court may appoint an emergency guardian for an adult if:
an emergency exists; and
the respondent's welfare requires immediate action; and
the respondent does not have a guardian or the guardian is not effectively performing their duties.
Utah Code Section 75-5-310
The appointment of an emergency guardian is not a determination of the respondent's incapacity. The appointment of an emergency guardian can be without notice to anyone. The order will designate a period of days (not to exceed 30 days) during which the emergency guardian has authority to make decisions on the respondent's behalf.
Upon request by an interested person after the appointment of an emergency guardian, the court shall hold a hearing within 14 days. For a description of the regular procedures for appointing a guardian, see the page on Procedure for Appointing a Guardian for An Adult.
Under Utah Code Section 75-5-310.5, the court may appoint a temporary guardian, convert an emergency guardian to a temporary guardian, or appoint a different person as temporary guardian to replace the emergency guardian. The temporary guardian is responsible for the protected person's care and custody and may not permit the protected person to be removed from Utah. The authority of any previously-appointed guardian is suspended so long as a temporary guardian has authority. A temporary guardian may be removed at any time and must obey all orders of the court. A temporary guardian has all the powers and duties under Utah Code Section 75-5-312.
The person asking the judge to appoint a guardian is called the petitioner.
The person the guardianship case is about is called the respondent.
Another person who is interested in the guardianship case (like a close relative) is called an interested person.
Before you file guardianship papers with the court, make sure that:
The respondent is an adult.
You have the evidence you need:
Gather any other evidence you have to prove that there is an emergency, why a guardian is needed, and what things the protected person needs a guardian to make decisions about. This can include medical documents, police reports, or any other evidence you think it might be important for the judge to have to make a decision about the emergency guardianship.
Fill out all these required forms:
Forms for Guardianship and Conservatorship Pre-appointment Test
Fill out any other forms you might need for your situation
You might also need to:
Use this form for evidence:
File the forms and evidence at the district courthouse for the county where:
The respondent lives, or
The respondent is present, or
If the respondent is admitted to an institution by a court order, where that court is located.
See the court directory for courthouse information. If you are filing in Utah County, file the papers with the Provo District Court.
Here you can find more information about how to file papers.
Follow up with the courthouse to see if the judge signs the paperwork. If the judge signs it, be sure to get at least one court-certified copy of the Letters of Emergency Guardianship to show to any third parties that you are the emergency guardian.
Send copies of the paperwork to the respondent and any interested parties. If they file paperwork asking for a hearing, be sure to attend the hearing. At the hearing, the judge might order everyone to attend mediation, end the emergency guardianship, leave the emergency guardianship in place, or convert the emergency guardianship into a temporary guardianship.
If the judge orders a temporary guardianship, prepare these forms and file them for the judge to sign:
Letters (select the one that matches the type of temporary guardianship that was ordered)
Limited - 1905GU - Letters of Temporary Limited Guardianship
Full - 1906GU - Letters of Temporary Full Guardianship
Remember that emergency and temporary guardianship only last for a short time. If you need a guardian appointed for a longer period of time, then you will need to file the forms and follow the process for guardianship of an adult. You can file the paperwork using the same case number and judge as the emergency guardianship case.
Fill out this form completely to object and ask for a hearing:
Then file it with the courthouse. Here you can find more information about how to file papers.
When you file your objection with the courthouse, ask when the hearing will be. The hearing should be held within 14 days.
Be sure to attend the hearing. At the hearing you can tell the judge that you object and that you have filed a written objection.
The next steps will depend on what the judge orders at the hearing. The judge might order everyone to attend mediation, or end the emergency guardianship, or leave the emergency guardianship in place, or convert the emergency guardianship to a temporary guardianship.
Emergency and temporary guardianship are time-limited. However it is possible that the petitioner or someone else in the case might ask for a guardianship that lasts longer by following the process for guardianship of an adult.
