Appointing a Guardian for an Adult with a Severe Intellectual Disability

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Types of guardianship

There are different types of guardianship for different situations. If you are looking for information about guardianship for a: 

  • Child under 18, click here.
  • Child who is turning 18 soon or who is already an adult and you are their parent, click here.  
  • Adult, click here.  
  • Adult with a Severe Intellectual Disability, you are in the right place. Stay on this page and keep reading the information below.

Not sure if guardianship is the right choice for you? Here is information about other options.

What is a Severe Intellectual Disability?

An adult with a severe intellectual disability means an adult who has: (Utah Code 75-5-601)

  • Lifelong functional limitations to the extent that the adult is incapacitated

  • Received a diagnosis from a physician or psychologist of a severe intellectual disability that has existed since the adult was a minor child.

If the judge decides that the respondent (person who the guardianship case is about) is an adult with a severe intellectual disability, the judge will appoint a guardian to make decisions for the respondent.

 See this flowchart for the general process in a guardianship case: 

Who are you?

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.

I want to ask the judge to appoint a guardian.
I want to respond to a petition to appoint a guardian.

How to ask the judge to appoint a guardian

Before you file guardianship papers with the court, make sure that: 

  • The respondent is an adult. 

  • You have the evidence you need: 

    • The diagnosis from a physician or psychologist of a severe intellectual disability that has existed since the respondent was a minor child.

    • Evidence of functional lifelong limitations that show the respondent is incapacitated.

For the judge to grant the guardianship, your evidence must be clear and convincing. Gather any evidence you have about whether the respondent is able to:

  • receive and evaluate information; or

  • make and communicate decisions; or

  • provide for necessities such as food, shelter, clothing, health care, or safety

even with appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care. Some examples of types of evidence you might include are statements of any witnesses who are familiar with the respondent and/or evaluations by the respondent's physician or other evaluators.

 

Fill out all these required forms: 

  • 1158XX - Utah District Court Cover Sheet for Probate Actions
  •  Petition to Appoint a Guardian for an Adult - Severe Intellectual Disability PDF Form l Fillable Form
  •  1160XX - Schedule A-people who must be served with the notice of hearing
  •  Notice of Hearing, Rights, and Adverse Consequences of a Guardianship for an Adult with a Severe Intellectual Disability- Respondent PDF Form l Fillable Form
  •  Notice of Hearing, Rights, and Adverse Consequences of a Guardianship for an Adult with a Severe Intellectual Disability- Interested Person PDF Form l Fillable Form
  •  Findings of Fact and Conclusions of Law on Petition to Appoint a Guardian for an Adult - Severe Intellectual Disability PDF Form l Fillable Form
  •  Order Appointing a Guardian for an Adult - Severe Intellectual Disability PDF Form l Fillable Form
  •  Forms for Guardianship and Conservatorship Pre-appointment Test
  •  1211XX - Acceptance of Appointment
  •  1184XX - Private Information Record in Guardianship and Conservatorship cases
  •  1214XX - Letter of Full Guardianship 

Note: Full guardianship is the preference for this type of case, but if you want to ask for a limited guardianship, you can use this Letter form instead: 1213XX - Letter of Limited Guardianship

 

Fill out any other forms you might need for your situation:

Utah law usually requires that the respondent be represented by a lawyer. 

The judge can waive this requirement for guardianship of an adult with a severe intellectual disability only if all of the following are met: 

  • the respondent is the child, grandchild, or sibling of the petitioner,

  • the value of the respondent's entire estate does not exceed $2,000, 

  • the respondent attends the hearing,

  • the respondent is given the opportunity to communicate, to the extent possible, the respondent's acceptance of the appointment of a guardian, and

  • the judge is satisfied that counsel is not necessary in order to protect the interests of the respondent.

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.

The court will schedule a hearing. (Utah Code 75-5-604)

You will need to have the respondent served with copies of these documents: 

  • Petition to Appoint a Guardian for an Adult - Severe Intellectual Disability that you filed with the court. Make sure the case number and judge information are filled in. 

  • Notice of Hearing, Rights, and Adverse Consequences of a Guardianship for an Adult with a Severe Intellectual Disability- Respondent. Make sure the case number, judge information, and hearing date information are filled in. 

The respondent needs to be served personally using one of the methods for serving a petition. The person who serves the papers fills out this form and files it with the court: 

You will also need to have any interested person served with copies of these documents:

  • Petition to Appoint a Guardian for an Adult - Severe Intellectual Disability that you filed with the court. Make sure the case number and judge information are filled in. 

  • Notice of Hearing, Rights, and Adverse Consequences of a Guardianship for an Adult with a Severe Intellectual Disability- Interested Person. Make sure the case number, judge information, and hearing date information are filled in. 

Interested persons who need to be served include: 

  • The respondent’s parents (unless they are the petitioners)

  • Anyone who is serving as guardian or conservator or who has care and custody of the respondent

  • if the petitioner is unable to notify the adult's parents, at least one of the closest adult relatives of the individual if any can be found

  • Adult Protective Services, if a referral has been made about the respondent or the proposed guardian

If the respondent’s parents are in Utah, they must be served personally using one of the methods for serving a petition. 

Any other interested persons (and the respondent’s parents if they are outside of Utah) must be served using one of the methods for serving other papers. The petitioner fills out this form and files it with the court: 

(Utah Code 75-5-605 and Utah Code 75-1-401) 

Follow up with the courthouse to see if anything else is needed.

If you are asking for the court to appoint a lawyer for the respondent, see if one has been appointed.

Make any necessary arrangements for you and the respondent to attend the hearing. 

The hearing will probably be held remotely. Here is information about how to attend a remote hearing. If you aren’t sure if the hearing will be held remotely or in person, contact the courthouse. If you want to ask to attend the hearing in a different way (for example, in person if a remote hearing is scheduled), here is information for asking to change how you attend the hearing. 

If the respondent cannot attend the hearing, the judge will assign a court visitor. 

If you are asking for a court visitor, see if one has been assigned.

At the hearing, the judge will determine whether all the requirements have been met, if all the required paperwork has been filed, and whether there are any objections. The judge might sign the paperwork, or schedule a new hearing, or ask for additional information or documents, or order everyone to attend mediation.

How to respond to a petition to appoint a guardian

If you agree with the guardianship, you can go to the hearing and let the judge know you agree.  

If you disagree with the guardianship petition, you can object. 

Fill out this form and file it with the courthouse. You can file it with the courthouse any time before the hearing. If you don’t get it filed before the hearing, be sure to file it within 7 days after the hearing. 

At the hearing you can tell the judge that you object and that you have filed a written objection.

The next step will be for everyone to exchange their initial disclosures and go to mediation.

See the Initial Disclosures web page for more information about the requirements. 

Code of Judicial Administration Rule 6-506.

If you aren’t able to work out an agreement in mediation, then you may end up needing to go to trial. You can use these forms to ask to go to trial: 

After a guardian has been appointed. What happens next?

For more information about what happens after a guardian has been appointed (like the guardian's reports, the rights of the protected person, the responsiblities of the guardian, or changing or ending a guardianship), see our Guardianship Resources web page.

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