Adult Guardianship and Conservatorship in Utah

Short answer: In Utah, a guardian is appointed by the court to make personal and medical decisions for an adult who can no longer make them safely, while a conservator is appointed to manage that person's finances and property — the two roles are separate, and a single case can involve either, both, or neither depending on what's actually needed. Because guardianship strips away significant legal rights, Utah law requires courts to consider less restrictive alternatives first, and often orders a limited guardianship that only covers the specific areas where help is genuinely needed.

Who this guide is for

Family members or others in Utah considering whether — and how — to petition for guardianship or conservatorship over an adult who can no longer safely manage their own personal care or finances, most commonly because of a severe cognitive decline, disability, or injury.

Guardian vs. conservator: two different roles

• Guardian — authority over personal decisions: where the person lives, medical care, and day-to-day welfare.
• Conservator — authority over financial decisions: managing income, paying bills, and handling property.

The same person can serve both roles, or different people can be appointed to each, depending on the circumstances.

Less restrictive alternatives come first

Utah courts are required to consider whether a less restrictive option — such as a power of attorney, a healthcare directive already in place, or supported decision-making — would adequately protect the person before appointing a guardian or conservator. See Powers of Attorney in Utah: Durable, Medical, and Financial for one of the tools that can sometimes avoid the need for guardianship altogether if put in place before capacity is lost.

Limited guardianship is generally preferred over full guardianship

Rather than removing all of a person's decision-making rights, Utah courts often grant a limited guardianship — authority only over the specific areas where the person actually needs help, letting them retain rights in every other part of their life. Full guardianship, removing essentially all decision-making authority, is reserved for more severe situations.

What the petition process involves

• Filing, generally in the county where the person (the "respondent") resides.
• A clinical evaluation — a written report from a physician or psychologist who has examined the respondent within the preceding six months, describing the diagnosis and specific functional impairments affecting their ability to receive or evaluate information and make decisions.
• Notice and service to interested parties, including the respondent's spouse, parents, and adult children.
• A hearing, where the court decides whether guardianship or conservatorship is warranted, and if so, how limited or extensive it should be.

Frequently asked questions

Is this the same as guardianship of a minor child? No — this article covers guardianship over an incapacitated adult; see Guardianship of a Minor in Utah for the separate process involving a child.

Can the person subject to the petition object? Yes — the respondent generally has the right to contest the petition, request an attorney, and present their own evidence, since guardianship removes significant legal rights.

Is guardianship permanent once granted? Not necessarily — a guardianship or conservatorship can potentially be modified or terminated later if the person's circumstances change, through a further petition to the court.