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Court Visitor Program (CVP)

The Court Visitor Program

Under the Guardianship Reporting and Monitoring Program (GRAMP), the Court Visitor Program (CVP) has the overall goal of protecting incapacitated individuals, assisting guardians, and contributing to district court judges' decisions in guardianship cases.

 

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Adults have the right to make decisions about their lives. Sometimes an adult becomes incapable of making minimally adequate decisions about medical treatment, daily functions, finances, or other important matters, and as a result, their health and safety are in jeopardy. When an adult loses the capacity to make decisions, they may need special protection.
 
Guardianship is a legal arrangement through which a person (the guardian) is legally authorized to make decisions for another individual (the protected person). Only the court can grant a guardianship, therefore, the court oversees the process to ensure that individuals under guardianship receive that special protection. The CVP utilizes the hard work and effort of volunteers to investigate, observe, and report to the court on guardianship matters.
 
To assist in the task of providing unbiased, impartial information to the court, the CVP stands by three essential principles:
 

1. Being a guardian is a demanding role. A guardian must:

  • Provide for the protected person's care and welface.
  • Manage the protected person's funds prudently and with the protected person's values in mind.
  • Make medical treatment decisions—sometimes including end-of-life decisions.
  • Decide where the person will live and advocate for effective services.
  • Make regular reports to the court.

2. Guardianship is a positive, protective device that helps to keep a person with diminished capacity from harm and helps them to be as independent as possible. Yet, at the same time, guardianship removes the fundamental right of a protected person to make their own decisions, and therefore, should be handled with great care and respect.

3. Once guardianship or conservatorship is established, the courts maintain continual jurisdiction over the case, and therefore, the welfare of the protected person. With rights removed, it is imperative that the court receive up-to-date, accurate, and impartial information about the protected person, to ensure continuing quality of care.

 

What is a Court Visitor?

A Court Visitor volunteer (CV) is a trained special appointee of the court. The CV is someone with no ties to the case, allowing them to be objective and impartial. The  judges assigns CVs to investigate and report back in guardiansip cases. (CVs typically only work on adult guardianships, but judges can appoint CVs on adult conservatorship cases, or minor guardianship and conservatorship matters too.)

CVs conduct interviews, visit homes, and review documents and records. They create a final report that includes observable facts and collected information, which helps the judge make a decision in this case. In this manner, they serve as the "eyes and ears" of the court.

 

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Appointing a Court Visitor

CVs only work on guardianship or conservatorship cases; they are not assigned in other court cases, such as custody situations or family law matters.

CVs may be assigned anytime before a guardianship is being considered or after a guardian is appointed. CVs assist the judge in:

  • determining if the respondent can attend a guardianship hearing. 
  • investigating the respondent's wishes, needs, and condition before guardianship is granted.
  • conducting a well-being investigation after guardianship is in place, looking at relationships, housing, medical care, finances, and other areas, to make sure the guardianship is still the best thing for a protected person and that the appointed guardian is still the best person to serve in that role.  
  • conducting financial reviews, to ensure a protected person's money, property, and estate are being properly managed.
  • interviewing family, friends, service providers, and others, to ensure the protected person is not being isolated or kept from maintaining relationships with loved ones. 
  • determining if a petition meets the requirements listed in the severe intellectual disability statutes, and whether a less restrictive level of guardianship would provide an adequate level of protection for the respondent. 
  • helping the court track down and eduate guardians, when required reports are late, missing, or incomplete. 

 

Additional information:

To learn more about how a Court Visitor fits into the guardianship process, review the following chart: Guardianship Process

 

Court Visitor Responsibilities

The type of work performed within the CVP varies depending on the case type and the individual circumstances of the court order. For example, in some cases, CVs may spend most of their time conducting interviews and talking with people related to the case, while other assignments might result in more time spent reviewing records and related documents.

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CVs use the court order and the court report template to assist as they complete their work. These documents provide direction on the type of case the CV has accepted, individuals they need to interview, the documents and records they may need to access and review, and specific questions the judge may have about the case.

The work of the CV culminates in preparing a report to the court summarizing the extent of their investigation and the information obtained therein. CVs may also attend subsequent hearings related to the case, as appropriate.

Throughout their assignment, CVs serve as a special appointee of the court with no personal interest in the proceedings.

The Role of a Court Visitor

CVs serve a unique role in court proceedings, unlike any other. It is important to know what they can and cannot do. They are not in the same category as anyone else in the case, like the petitioner, the respondent, interested party, or their attorneys. CVs are separate from those roles and proceedings. They serve at the direction of the judge on the case, and speaking with a CV is akin to speaking to the judge. 

For more information about the CV role in guardianship cases:  

Judges Notice Regarding the Court Visitor Program - PDF

 

Interested in Volunteering?

Volunteering for the CVP is both challenging and rewarding. The CVP currently utilizes the assistance of dozens of trained CVs from a variety of backgrounds, and the program is always looking for additional volunteers.

While the CVP is managed through the Administrative Office of the Courts in Salt Lake City, the program includes volunteers from across the state. The CVP provides training and ongoing assistance to volunteers, regardless of where in the state they are located.

For details on becoming a CV and access to the application process, visit: Volunteering for the Court Visitor Program (CVP)

 

Requesting a Court Visitor

Anyone can request a CV at anytime in a guardianship case. That includes family members, friends, service providers, or even the protected person. A judge can also order a CV, even if no one has requested one.

Requesting a CV is a simple 3-step process: 

  • 1. Complete the form, Request to Assign a Court Visitor. 
  • 2. File (email or send) the request form with court district that oversees the guardianship case.
  • 3. Email the request form to the CVP (visitor@utcourts.gov), so they can follow up on filed requests with the district court if needed. 

The CVP can only work on a case if the judge gives permission. The district court staff is in charge of getting that permission once you have filed your request form. Once the judge gives permission, the CVP:

  • reviews the request information and determines the scope of the CV investigation;
  • prepares a court order for the judge to sign;
  • assigns a CV and provides the CV with a signed order allowing them to begin work on the case. 

Although the CVP manages a cadre of volunteer CVs to assist in court cases, a petition can also request a named individual outside of the CVP be assigned as court visitor. In these cases, the proposed court visitor must be trained in law, nursing, or social work and have no personal interest in the proceedings, per Utah Code 75-5-101.1. 

 

Contact Information

Guardianship Reporting and Monitoring Program (GRAMP)

450 South State Street
P.O. Box 140241
Salt Lake City, UT 84114
Fax: 801-578-3988 
Phone: 801-578-3925                                                                                                                                        Email: GRAMP@utcourts.gov

Court Visitor Program

Email: visitor@utcourts.gov
Phone: 801-238-7030

 

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