Davis County Guardianship Attorney

Helping Clients Establish Guardianship For Family Members with Disabilities, Mental Illness, or Physical Illness

If you’re looking for a guardianship attorney in Salt Lake City or Davis County, we can help. Our Bountiful-based firm works with Utah families who need legal authority to support aging parents or adult children with disabilities. Whether you need full or partial guardianship, we guide you through the court process step by step.

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 our Salt Lake City 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. Seek a trusted guardianship attorney in Davis County.

Schedule your consultation today to protect your family!

What Is Guardianship in Utah and Who Needs It?

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.

What Are Some Reasons You May Need To Seek Guardianship?

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.

What Is Partial Guardianship?

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.

What Is Full Guardianship?

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?

Conservatorship and guardianship have different legal significance. However, 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 conservatorship is focused on their finances.

For many families, it makes sense to have the same person get conservatorship and guardianship 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 Davis County guardianship attorney for further information on your options when making decisions for your special needs children, aging parents, and other family members who need assistance. We’ll help you determine whether a conservatorship or guardianship would be best for your loved one with special needs.

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.

Understanding the Guardianship Process with a Trusted Guardianship Attorney

Establishing guardianship in Utah involves a complex process that requires careful navigation of court procedures and legal requirements.

A guardianship lawyer guides you through every stage, from filing the initial petition to attending the court hearing where a judge evaluates whether guardianship serves the best interests of your family member. The court examines medical evidence, evaluations from interested parties, and testimony to determine if your loved one qualifies as an incapacitated person who needs a guardian.

Our guardianship attorney in Davis County helps families prepare proper notice to all relevant parties and gather documentation that demonstrates the protected person’s need for support. We provide clarity about the guardian’s responsibilities, whether you’re seeking limited guardianship that preserves some autonomy or full guardianship for comprehensive decision-making authority.

Throughout this legal process, we ensure you understand your role in managing assets, coordinating medical care, and making important decisions that affect your loved one’s well-being. Our professional guidance helps families avoid common pitfalls that can delay or complicate guardianship cases, allowing you to focus on providing the support your disabled child, aging parent, or other family members need during this transition.

When Emergency Guardianships Become Necessary for Utah Families

Some situations demand immediate legal authority to protect a vulnerable family member from harm or financial exploitation.

Emergency guardianships allow courts to appoint a guardian quickly when an adult child, elderly parent, or other relative faces urgent circumstances requiring immediate intervention. These accelerated proceedings address crises such as sudden brain injury, severe mental illness episodes, or situations where someone is making decisions that threaten their own affairs and safety.

Utah law permits emergency guardianships when delay would cause significant harm to the incapacitated person or their estate. Our Salt Lake City guardianship attorney helps families navigate this expedited legal process while ensuring all statutory requirements are met.

We assist with gathering medical documentation, securing statements from healthcare providers about the urgent legal needs, and presenting compelling evidence at court hearings. While emergency guardianships provide temporary legal authority, they give families breathing room to address immediate concerns about financial management, medical care decisions, and living arrangements.

Our law office works efficiently to establish guardianship protections when time is critical, then helps families transition to permanent guardianship arrangements that provide ongoing legal guidance and support for your loved one’s long-term well-being.

Request Your Consultation To Get Started Today

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. We serve clients throughout Davis, Salt Lake, and Weber counties.

If you’re ready to get answers about guardianship and access to legal resources, contact our law office at 385-438-8801 for a consultation before you go to court for guardianship.