What a Guardianship Does
A guardian is a court-appointed adult who takes on the legal authority to make decisions for a minor. This can include choices about schooling, medical care, housing, and day-to-day welfare. Utah’s guardianship laws for minors are found in Utah Code Title 75, Chapter 5, Part 2.
A guardian isn’t the same as a parent, but the role carries many of the same responsibilities. A guardianship can be temporary or long-term, depending on the child’s needs and the parents’ situation.
When a Guardianship May Be Needed
A guardianship may be appropriate when:
- A parent has died.
- A parent is unable to care for the child because of illness, instability, absence, or another significant reason.
- A parent agrees that someone else should care for the child for a period of time.
- No parent is available or willing to provide adequate care.
Under Utah Code §75-5-204, the court may appoint a guardian if it finds that the appointment is in the child’s best interest and that a qualified person is available to serve.
Who Can Petition
Any “interested person” may petition for guardianship. This often includes relatives, but may also include non-relatives with a meaningful connection to the child. The court will consider the petitioner’s relationship to the child, ability to provide care, and any history that may affect suitability.
What the Court Looks For
The central question is always: What’s best for the child?
The court reviews:
- The child’s current living situation
- The parents’ ability to provide care
- The petitioner’s ability to meet the child’s needs
- Any risks to the child’s safety
- The stability the guardianship would provide
Utah Code §75-5-204 through 75-5-210 outline the powers of a guardian, the court’s authority, and the factors involved in the appointment and supervision of a guardian.
How to Start the Process
1. File a Petition
You begin by filing a Petition for Appointment of Guardian of a Minor in the district court. The petition must explain why guardianship is needed and why you’re the right person to serve as guardian.
2. Give Required Notice
Parents and certain other relatives must receive notice of the petition. This gives them the chance to support or oppose the request. Notice requirements are outlined in Utah Code §75-5-207.
3. Attend the Court Hearing
The court will hold a hearing unless everyone involved agrees and the judge finds that a hearing isn’t needed. At the hearing, the judge may ask about the child’s situation and your ability to serve as guardian.
4. Court Decision and Letters of Guardianship
If the court approves the petition, it will issue an order appointing you and will provide Letters of Guardianship, which serve as proof of your authority. These letters allow you to make decisions on the child’s behalf.
Responsibilities After Appointment
A guardian must act in the child’s best interest at all times. Utah Code §75-5-209 through 75-5-212 explain a guardian’s duties, which include:
- Providing for the child’s health, education, and welfare
- Making decisions that support the child’s growth and stability
- Keeping siblings together when possible
- Keeping the court informed about significant changes.
A guardianship may end when the child turns 18, if a parent becomes able to resume care, or if the court determines the guardianship is no longer necessary.
When Legal Help Makes Sense
Petitioning for guardianship can feel overwhelming, especially when family circumstances are tense or unclear. Speaking with an attorney can help you:
- Understand which type of guardianship fits your situation.
- Prepare a petition that meets the court’s requirements.
- Navigate objections or contested cases.
- Present a clear, focused case to the judge.
If you need help drafting the petition, responding to a dispute, or determining whether guardianship is the right option, we can guide you through each step.