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Procedure for Appointing a Guardian for an Adult Child

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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:

What is Guardianship of an Adult Child?

Guardianship of an Adult Child is the process a parent can use to ask the court to appoint them as guardian for their adult child or soon-to-be (17 ½ year old) adult child who is incapacitated. 

The judge will decide if the adult child is legally incapacitated, but a person might be incapacitated if they have trouble with these things (even with help from tools or technology):

  • Understanding information and thinking about it clearly

  • Making choices and telling others what they want

  • Taking care of basic needs like getting food, finding a safe place to live, buying clothes, getting medical help, or staying safe.

Utah Code 75-5-201 (25)

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

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

Who are you?

The parent 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 am the petitioner.
I want to respond to a petition to appoint a guardian. I am the respondent or an interested person.

 

How to ask the judge to appoint a guardian for your adult child

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

  • You are the parent of the respondent – this process is only for parents.

  • The respondent is an adult or will be an adult in the next 6 months (17 ½ years old) 

  • You have the evidence you need: 

    • a written report of an evaluation of the respondent by a physician or psychologist acting within her or his scope of practice from within the last 6 months that includes: 

      • a specific description of the physical, psychiatric, or psychological diagnosis of the respondent;

      • a comprehensive assessment listing any functional impairments of the respondent and an explanation of how and to what extent these functional impairments may prevent them from receiving or evaluating information in making decisions or in communicating informed decisions, with or without assistance;

      • an analysis of the tasks of daily living the respondent is capable of performing independently or with assistance;

      • a list of the medications the respondent is receiving, the dosage of the medications, and a description of the effects each medication has on their behavior;

      • a prognosis for improvement in the respondent's condition and a recommendation for the most appropriate rehabilitation plan or care plan; and

      • other information the physician or psychologist considers appropriate.

        Note: If your report is not from within the last 6 months or if you do not have a report that meets the requirements above, gather any other evidence you have to prove that the respondent is incapacitated and what things the protected person needs a guardian to make decisions about..

Utah Code 75-5-317

For the judge to grant the guardianship, your evidence must be clear and convincing. The judge must determine 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 from any witnesses who are familiar with the respondent, and evaluations by the respondent's doctor or other evaluators.

Fill out all these required forms: 

Note: Limited guardianship is preferred for this type of case, but if you want to ask for a full guardianship, you can use this Letter form instead: Letter of Full Guardianship PDF Form | Fillable Form

You might also need to:

  • Ask for a fee waiver
  • Use these forms for evidence: 
  • Ask for an attorney for the respondent. The respondent is usually required to have an attorney, and even if you want to ask the judge to waive the attorney requirement, you still need to start by asking the court to appoint an attorney. Use these forms to ask the court to appoint an attorney:
  • Ask for a court visitor. If you think the respondent might not be able to attend the hearing or if you want to ask the court to waive the attorney requirement, use these forms to ask for a court visitor:
  • Ask for an examination 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 75-5-303

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

  • Petition to Appoint a Guardian for an Adult Child 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 - 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 Child 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 - Interested Person. Make sure the case number, judge information, and hearing date information are filled in. 

Interested persons who need to be served include: 

  • Any parent of the respondent (for example if only one parent is the petitioner for guardianship and the other parent is not)

  • The respondent’s spouse (if any)

  • The respondent’s adult children (if any)

  • 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 respondent’s parents, spouse, or adult children, at least one of the closest adult relatives of the respondent if any can be found

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

If the respondent has a parent who is not a petitioner and that parent is in in Utah, they must be served personally using one of the methods for serving a petition. 

Any other interested persons (and if the respondent has a parent who is not a petitioner and lives 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 75-5-309 and 75-1-401

Follow up with the courthouse to see if anything else is needed. Make sure that the respondent has a lawyer, or if you are asking the judge to waive the requirement for the respondent to have a lawyer make sure you have completed all the requirements.

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

The judge can waive this requirement for guardianship of an adult child only if all of the following are met: 

  • The respondent is the child 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,
  • The court has tried to appoint an attorney from the Guardianship Signature Program for 60 days but no attorney from that program is able to represent the respondent,
  • The judge is satisfied that counsel is not necessary in order to protect the interests of the respondent, and
  • The court appoints a court visitor.

Utah Code 75-5-303

If you want to ask the judge to waive the lawyer requirement, make sure you filed the forms to ask for the court to appoint a lawyer for the respondent and that you filed the forms to ask for a court visitor. Check with the courthouse to see if a lawyer has been appointed or if a court visitor has been assigned. 

You and the respondent must attend the 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. Here is information about how to attend a remote hearing. If the respondent is attending remotely, make sure that arrangements have been made for the respondent to attend and participate (for example by making sure that a computer or other device is available, and set up, and ready for the hearing).

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

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.

Code of Judicial Administration Rule 6-506.

  • If you aren’t able to reach an agreement in mediation, you can use these forms to ask to go to trial: 
  • If someone objects at the hearing, but doesn't file a written objection within 7 days, you can use this form to ask the court to make a decision without considering the objection: 

If the judge grants the guardianship, be sure to get at least one court-certified copy of Letters of Guardianship. That is the document you will use to prove that you are the guardian.

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 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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