Guardianship in Utah
State-specific overview · Estate & Probate
Utah requires guardians to prioritize the person's preferences and values, even if different from what the guardian thinks best.
How Utah treats Guardianship
Utah law emphasizes substituted judgment, meaning guardians must make decisions the person would make if capable, based on their known values and preferences. The state allows for both full and limited guardianships and requires courts to consider less restrictive alternatives before appointing a guardian. Annual reporting and court oversight are mandatory, and the person retains the right to petition for termination of the guardianship.
The general definition of Guardianship
A court-ordered arrangement where one person has legal authority to care for another who cannot care for themselves.
Guardianship is a legal relationship created by a court when someone (the ward) cannot make decisions for themselves due to age, disability, or incapacity. The guardian has the power to make medical, educational, and financial decisions for the ward. It's often used for minor children whose parents have died or are unfit, or for adults with severe mental or physical disabilities.
Read the full Guardianship entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Utah.