What to Know About Conservatorship in Utah

Apr 9, 2022 | Estate Planning, General, Inheritance, Power of Attorney, Real Estate

If you are considering becoming a conservator for someone in your life, there are some things you should know first. In this article, we will provide an overview of what conservatorship is and the role of a conservator in Utah.

What is conservatorship and what does it entail?

In the state of Utah, a conservator is a person who has been appointed by the court to take care of another adult’s finances and/or personal needs. This can be a helpful tool for those who are unable to take care of themselves due to age, illness, or disability. In Utah, conservatorships are overseen by the probate courts.

There are two types of conservatorships in Utah: plenary and limited. A plenary conservatorship gives the conservator broad powers to make decisions on behalf of the conservatee, while a limited conservatorship, on the other hand, only gives the conservator authority to make decisions relating to a specific area of the conservatee’s life.

How do you become a conservator in Utah?

If you are interested in becoming a conservator for someone in your life, there are certain steps you must take. First, you must file a petition with the probate court in the county where the person resides. The petition must include a list of the powers and duties that you are requesting, as well as a plan for how you will take care of the conservatee.

Once the petition has been filed, the court will set a hearing date. At the hearing, both you and the conservatee will have an opportunity to present your case to the judge. After considering all of the evidence, the judge will decide whether or not to appoint you as conservator.

When should you consider a conservatorship?

There are a number of reasons why you might consider seeking a conservatorship for someone in your life. If the person is unable to take care of their own financial needs, such as paying bills, or avoiding scams, then a conservatorship may be necessary to ensure that their financial affairs are kept in order.

A conservatorship can be a big responsibility, but it can also be a rewarding experience. If you are considering becoming a conservator for someone in your life, make sure you understand all of the duties and powers that come with the position. And, most importantly, make sure you are prepared to handle the responsibility.

What are the responsibilities of a conservator in Utah?

Make sure you understand the responsibilities that come with the position. The conservator has a duty to act in the best interests of the conservatee so it’s vital to understand the responsibilities that come with the position. It’s more than just keeping accurate records of all financial transactions made on behalf of the conservatee. Conservatorships are typically used when the conservatee is unable to make informed decisions about their own care due to mental illness, developmental disability, or advanced age, so it’s important that their conservator is capable and willing to take on the duties.

What is the role of the court in a conservatorship case in Utah?

In Utah, the court plays a very important role in conservatorship cases. The court is responsible for appointing a conservator, setting up the conservatorship, and overseeing the conservatorship. The court also has the power to remove a conservator if they are not doing their job properly. Additionally, the court can order the sale of property in order to pay for the care of the conservatee if required. The court plays a vital role in ensuring that conservatorships are run smoothly while the conservatees receive the care and protection they need.

How can I get help if I need to establish or dissolve a conservatorship in Utah?

ProvenLaw is a legal group serving St. George and the surrounding areas of Utah and Arizona. Our team offers unmatched expertise, professional client service, and peace of mind. We provide services to assist with legal needs such as elder planning, estate planning, and drafting a power of attorney, trust, and wills. 
If you have any questions about conservatorship in Utah, or if you need help getting started, contact us today for a free 30-minute consultation to learn how we can assist you.

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