What Are the Differences Between a Guardianship and a Conservatorship?

What is a Guardianship?

A guardianship is a legal arrangement in which an individual is proven to lack the capacity to make daily decisions for their care. A guardianship could be enacted for adults who become incapacitated, minors who lose their parents, and for special needs individuals as an element in special needs planning.

In guardianship, the guardian is entrusted with a fiduciary responsibility in representing another person typically called the ward. The guardianship arrangement allows guardians to determine essential decisions such as housing, education, healthcare, social activities, and more for their wards. A guardian must be court-appointed. Unlike the parent of a minor child, the guardian of a ward is not necessarily responsible for the actions of their ward and does not need to use their finances to support the ward. This is a common concern among would be guardians. 

Guardians could be named in a last will for a young family with minor children. Alternatively, the guardianship legal status could be used for adults who cannot care for themselves due to an incapacitation or disability. By enacting guardianship under the supervision of the courts, a guardian can ensure that the ward’s personal needs and medical necessities are taken care of.

What Are the Different Types of Guardianships in Utah?

In Utah, you can file for guardianship for a child who is not biologically yours, a disabled adult child, or any adult individual who is unable to care for themselves or make their own decisions.

There are several different types of guardianships in Utah, including the following:

• Utah laws state that individuals over 18 no longer require legal guardians. However, when an adult is unable or unfit to make their own decisions due to primarily mental or potentially physical disability, a legal guardian can step in to care for them and make sure that they receive proper daily care
•         As our parents get older, sometimes they may need more assistance with medical healthcare and financial decision-making. Older individuals dealing with dementia or Alzheimer’s may especially require assistance. A guardianship over incapacitated parents allows you to make critical medical decisions on their behalf
•         A guardianship over minor children of other parents can occur either after the death of those parents or for different reasons. Sometimes, adults bring the children of others into their homes, whether because they are family relatives, close friends, or even part of the foster care system. So long as the child stays with that adult, the host needs the legal authority to make crucial decisions, such as enrolling them in school, signing the children up for extracurricular activities, and taking them to doctor’s appointments
•         Temporary guardianships play out over a short period. Temporary guardianship may be considered necessary in cases where someone suffers from psychological disorders and requires extra care while they enter a rehabilitation program. A temporary guardianship allows a guardian to care for that individual’s health care and financial decisions while they are on the mend

What is a Conservatorship?

Utah conservatorships allow an individual, known as the conservator, to make critical financial decisions on behalf of another person, known as the ward. Conservators must be court-appointed. The obligations of conservators involve managing financial affairs and estate assets, paying bills, and making sound investments on behalf of the ward. The role of a conservator is crucial for protecting an individual’s financial interests when they cannot be trusted to care for those aspects themselves.

The responsibilities of a conservator in Utah typically involve organizing, protecting, and gathering assets; arranging property appraisals; safeguarding assets from losses; managing income; seeking court approval before any sales; making appropriate payments for the ward; and regularly reporting the estate status to the courts.

Conservatorships may be helpful in special needs cases. The Utah courts require persuasive evidence that an individual would benefit from a legal conservator as they are unable to manage their property or financial affairs on their own due to an illness, disability, or mental deficiency. The chronic use of drugs, chronic intoxication, disappearance, detention by a foreign government, or prison confinement may also be reasons to consider conservatorships.

What Are the Key Differences Between Guardianships and Conservatorships in UT?

The three most common circumstances where guardianships are sought are: guardianships sought for children whose parents are unable to care for them or who have passed away; guardianships where an elderly person loses cognition to make their own decisions, and guardianships where a special needs child reaches the age of majority and cannot make decisions for themselves. The legal guardian can make important decisions typically regarding an individual’s personal affairs, medical treatment, and primary residence.

The circumstances warranting a conservatorship are similar to the above, but a conservator is generally in charge of making financial decisions for the ward.

Depending on the individual’s unique needs, the conservatorship or guardianship could be permanent or temporary.

Can Guardianships or Conservatorships Be Terminated?

In some situations, guardianship and conservatorship arrangements are only temporary. Utah courts prefer to give individuals as much independence as possible. The Legislature and judges don’t want to impede an individual’s rights any more than is necessary to provide proper protection and care.

Guardianships and conservatorships can end by other means as well. For example, a child’s guardianship or conservatorship will usually automatically end once they reach 18. The arrangements can also end if the guardian or conservator resigns or dies.

A judge can review the case and determine whether to adjust or terminate the arrangement in rare cases where the ward regains capacity or the ability to make decisions independently. When seeking to modify or terminate a guardianship or conservatorship, parties must present evidence that showcases whether a guardianship or conservatorship is necessary any longer.

Contact Our Utah Law Firm to Schedule a Consultation with a Compassionate Attorney Today

Every case is unique, so it is strongly recommended that you work with experienced legal representation to help determine whether a conservatorship or a guardianship is in the best interests of the person you wish to care for.

Our Utah law firm has extensive experience representing clients in these legal matters. We provide compassionate and respectful legal services to every client who calls our number or walks through our doors.

To learn more about the benefits of retaining our legal counsel, please contact our law office to schedule your initial consultation with our legal team today. You may reach us at 385-334-5024.