Add Date Field To Legal Utah Guardianship Forms For Free

While children can express their views on custody and visitation at age 12, they are not allowed to say no to visitation altogether. Visitation is a parent's right and cannot be refused by the child or the other parent.

The process of guardianship can also apply to a child under 18. In that case, legal guardianship is temporary compared to adoption, which is permanent. Legal guardians are responsible for the physical well-being of their protected person and may be tasked with making decisions about their medical care or residency.

Utah Code of Judicial Administration 6-501 requires that, before a person can be appointed as guardian, the person must take a test about their authority and responsibilities and file a Certificate of Completion with the court.

The appointment of a guardian does not terminate a parent's rights. The legal parents of the minor retain some rights and responsibilities even if the court has ordered someone else to be the child's guardian. Parents retain the right to reasonable parent-time unless restricted by the court.

Limited or full appointment You might have authority to make decisions about certain things, called a limited guardianship. Or you might have authority to make decisions about all aspects of the protected person's life, called a plenary or full guardianship.

Additionally, the court can consider the children's desires. However, their desires are not controlling. The court gives added weight to the desires of children who are at least 14 years old, but this is still only one factor. The judge does not give either parent a preference due to the parent's gender.

In Utah, a guardian primarily has the court-appointed power to provide for the physical well-being of a protected person and a conservator is the court-appointed individual or entity to provide for the financial well-being of the protected person.

The State of Utah allows for two types of guardianship. These include a plenary (full) or limited guardianship. A Plenary guardianship transfers all rights from a ward to a guardian. This process can restrict a person's ability to vote and marry.

Utah Code Section 75-5-304. Utah law prefers a guardian with limited authority, and the guardian's authority should be tailored to the protected person's needs and abilities. The challenge will be to describe that authority specifically enough to be clear and generally enough to be flexible.