Davis County Guardianship Attorney

Helping Clients Protect Family Members with Disabilities

If you have a family member who is unable to make sound decisions for themselves due to a disability or advanced age, you should consider going to court to become their guardian. This way, you’ll have the legal authority to make decisions regarding their health, education, finances, and other needs.

Getting guardianship requires you to go to court to prove that this action is in the best interests of your relative, a complex legal process that Davis County attorneys can provide support with. At Able & Strong Law, Inc., we understand the concerns that come with having aging or disabled family members, so you can count on us to assist you with seeking guardianship in Davis County.

What Is a Guardianship?

When you get guardianship of a child or adult, you take on the responsibility of making important decisions for them in different areas of their life. You can only seek guardianship if it’s clear that they can’t self-advocate without putting themselves in danger. This might be the case in the following situations:

• Your parent or other adult relative becomes incapacitated due to a brain injury or illness.
• Your elderly parent or other adult relative develops dementia.
• Your child with cognitive disabilities is approaching the age of 18 but still needs your support in most areas of life.

There are two types of guardianship in Utah. One is limited (partial) guardianship, which lets the guardian make decisions in specified areas of the family member’s life. This means the court could grant you the authority to make decisions regarding your relative’s education, finances, healthcare, habilitation, or housing. The areas you get responsibility for will depend on their specific needs.

The other option is plenary (full) guardianship, which gives you the right to make all decisions for your relative, including their choices regarding voting and marriage. However, in the majority of cases, the judge grants limited guardianship so the protected person retains some self-determination in certain areas of life. A skilled Salt Lake City attorney can provide additional information to help you decide which type of guardianship to pursue, so contact our Davis County law office to discuss your guardianship case.

How Is a Conservatorship Different from a Guardianship?

It’s easy to confuse guardianship with conservatorship, as both may be recommended to Utah families concerned about a parent or child with disabilities. However, these concepts differ in that a guardian is granted responsibility for making decisions for someone, while a conservator makes decisions about the estate.

So, if a Utah court grants you conservatorship of a relative due to their advanced age or disabilities, you can make decisions about their house, bank account, vehicles, and other assets. Guardianship is focused on determining where someone lives, what healthcare they get, and similar lifestyle decisions, while a conservatorship is focused on their finances.

For many families, it makes sense to have the same person get guardianship and conservatorship over a loved one with disabilities. However, this is not always the case. When a guardian isn’t interested in managing a loved one’s finances, the court may put someone else in charge of that. A protected person might not even need a conservator if they have few assets. If you’re unsure if you should become a conservator, contact a Salt Lake City attorney for further information on your options when making decisions for your special needs children, aging parents, and other family members who need assistance.

What Are the Alternatives to Guardianship in Utah?

If you have concerns regarding a loved one becoming incapacitated due to injury or illness, you might be considering seeking guardianship. Before you do, you should learn if they have an estate plan. After all, some people plan ahead so it’s clear what to do if they become incapacitated and unable to make decisions for themselves.

For example, if your relative has a living will, this should list their instructions regarding their health if they’re unable to communicate their wishes to their doctors. In particular, advance health care directives should state which medical interventions they do and don’t want while appointing a medical power of attorney to make health decisions for them. This means they won’t need a guardian to determine their healthcare needs.

In addition, if your relative named a financial power of attorney in their estate plan, they won’t need a guardian or conservator to handle their finances. Finally, if they have a will that appoints a guardian, you won’t need to pursue guardianship through the Salt Lake City court system. If your parent, adult child, or other relative is already incapacitated and you don’t know if they arranged for a power of attorney or other alternatives to guardianship, contact our Utah law office for assistance with your guardianship questions.

Why Should You Hire a Guardianship Attorney in Davis County, Utah?

Whether you have concerns about your aging parents, adult child with disabilities, or other family members who can’t make sound decisions, you might be considering going to court for guardianship. While this decision can greatly benefit your loved one’s life, going to court for guardianship can be confusing and time-consuming for you. This is why you need advice from Salt Lake City attorneys before pursuing guardianship of your parents, adult child, or other relatives.

If you want to learn more about how guardianship can benefit families like yours, you should arrange a time to talk to Salt Lake City attorneys. When you contact our Utah law office, our trusted attorney will provide additional information to help you determine if you should pursue guardianship of your adult child, parent, or other relative. If you’re ready to get answers about guardianship and access to legal resources, call our law office at 385-438-8801 for a consultation before you go to court for guardianship.