Davis County Ward Representation in a Guardianship/Conservatorship

Safeguarding Our Clients Rights When They Need it Most

One of the least discussed aspects regarding Utah guardianship and conservatorship cases involves the incapacitated person and their right to legal counsel. The incapacitated person, also called the ward, who is being considered for guardianship or conservatorship, has the right to legal representation to protect their interests.

An attorney who represents the ward will work to determine what is in their client’s best interests and advocate on their behalf. Utah law dictates that a checks-and-balances system is needed to ensure that individuals are not taken advantage of due to their age or mental or physical disability.

If you are having challenges making your own decisions or have a relative who is not functioning well on their own, it is wise to consult with an attorney immediately. An attorney can provide legal representation, so you understand your legal rights.

Please contact Able & Strong Law, Inc. at our Davis County law office today to schedule a consultation and learn more about our legal services and how we can help.

What is Guardianship and Conservatorship in Utah?

In Utah, guardianship and conservatorship are court orders granted to authorize another person, often a spouse or other family member, who can make legal decisions on behalf of the ward. Other terms that describe the ward are “Person Under Guardianship” or “Protected Person.”

The guardian or conservator is empowered to take several different actions for the ward because the ward cannot make sound decisions due to physical disability or mental illness. Some decisions that guardians and conservators have the authority to make involve the ward’s assets and medical care.

For example, a guardian can make choices for the ward, including those related to medical care. At the same time, a conservator is entitled to make decisions for the ward’s financial affairs, including bank accounts, and sign legal documents.

The guardianship and conservatorship process can be complicated, and if you are the proposed ward, you will need a skilled lawyer on your side. Able & Strong Law, Inc. is a law office dedicated to representing clients in these complex proceedings. Our attorney, Greg Misener, has comprehensive experience handling guardianship and conservatorship cases and is dedicated to preserving his client’s legal rights.

What Rights Does an Incapacitated Person Have in Guardianship/Conservatorship Proceedings?

Utah law ensures that the proposed ward has legal rights that must be upheld during guardianship and conservatorship proceedings. During these proceedings, the incapacitated person has the right to legal counsel to understand their rights and options.

The proposed ward has the right to review and receive copies of all legal documents presented during the judicial proceeding and should always be treated with respect and dignity.

During the court hearing, the proposed ward or their legal representation can present evidence, cross-examine witnesses, or have a physician, family member, or other individual speak on their behalf.

It is crucial to have an attorney represent you during guardianship/conservatorship hearings to ensure that you or a loved one have legal protection. Our attorney has comprehensive experience helping individuals in guardianship and conservatorship proceedings and is committed to ensuring you or your loved one are treated fairly.

It should be noted that if the judge appointed someone to be the proposed ward’s guardian, they are not allowed to infringe on the ward’s right to make decisions related to their friends, religion, driving, voting, or consuming legal substances without a court order.

How Can an Attorney Help Protect the Proposed Ward’s Rights?

Before another person can be granted guardianship or conservatorship, it must be proven that the proposed ward is “incapacitated.” Utah law stipulates that incapacity is determined by assessing the individual’s ability to care for themselves, even with technological assistance. The areas evaluated include their ability to make responsible decisions regarding financial matters, self-care, and personal safety.

During legal proceedings, an attorney for the proposed ward may present evidence to the judge that their client should not be appointed a guardian or conservator because the case does not meet the legal criteria.

An attorney can also advocate for alternatives that help their client avoid guardianship or conservatorship or limit it. One of the most common methods is appointing another person as power of attorney so they can act on behalf of the client. Parents often proactively protect their adult child using estate planning documents that appoint a power of attorney.

Regardless of the situation, having a lawyer help you with the complex legal process involved in guardianship or conservatorship proceedings is always best. A trained lawyer will evaluate the case professionally and determine what legal strategies will be the most effective.

Why Should I Trust Your Attorney to Help Me With Guardianship Ward Representation?

If you or a family member are being considered for guardianship or conservatorship, you have the right to legal representation. Able & Strong Law, Inc. is a law firm dedicated to helping individuals with their legal needs.

Our founder, Greg Misener, has a brother with special needs and has experienced many of these legal issues firsthand. Because of his personal experience, Attorney Misener is passionately committed to ensuring his clients have all the legal resources they need to make informed decisions.

Our law firm has a proven reputation for protecting individuals and finding alternative solutions that allow them to live with the respect and compassion they deserve.

If you have questions about establishing guardianship and conservatorship or are concerned about a loved one being taken advantage of, you must consult an attorney immediately. Time is often of the essence in these types of cases, so you want to act quickly to obtain legal representation.

Call 385-334-5024 to schedule a consultation with Able & Strong Law, Inc., at our Davis County law office.