Utah Notice of Hearing, Rights and Adverse Consequences of a Guardianship (Notice to Interested Persons)

State:
Utah
Control #:
UT-SKU-0464
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PDF
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Notice of Hearing, Rights and Adverse Consequences of a Guardianship (Notice to Interested Persons)

The Utah Notice of Hearing, Rights and Adverse Consequences of a Guardianship (Notice to Interested Persons) is a document provided by the court to interested persons in a guardianship case. This document outlines the rights of individuals in a guardianship case and the potential adverse consequences of having a guardian appointed. It also includes information on the hearing for appointing a guardian and details how to obtain legal representation in the case. The notice is available in three types: (1) Notice of Hearing, Rights and Adverse Consequences of a Guardianship (Notice to Interested Persons); (2) Notice of Hearing, Rights and Adverse Consequences of a Guardianship (Notice to Non-Resident or Out-of-State Interested Persons); and (3) Notice of Hearing, Rights and Adverse Consequences of a Guardianship (Notice to Minor or Incapacitated Interested Persons). These documents provide important information about the rights of individuals in a guardianship case and the potential consequences of having a guardian appointed.

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FAQ

The Office of Public Guardian (OPG) provides guardianship and conservatorship services for adults who are unable to make basic life decisions for themselves due to conditions such as aging-related illness, intellectual disabilities, brain injuries and mental illness.

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.

The guardian or conservator should file a motion with the court to ask the court to terminate the guardianship or conservatorship and should also file with the court the Final Accounting Report, sending copies of both to the interested parties.

Annual status report A guardian must report annually to the court on the protected person's care and status. Utah Code 75-5-312. The report shows what and how the protected person is doing and alerts the court to changes.

If the protected person does not have an attorney of their own choice, the court will appoint an attorney from the Guardianship Signature Program. Utah Code Section 75-5-307. A request to terminate the guardianship may be made by filing a Motion to Review, Terminate, or Remove Guardian or Conservator.

Guardianship is a court process. The State of Utah allows for two types of guardianship. These include a plenary (full) or limited guardianship.

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.

With guardianship, the guardian has the same legal rights as a parent and can make the same legal decisions regarding a child's care, nurturing, education, healthcare, and finances, but with a guardianship, the guardian won't play the role of mother or father.

More info

Below is a list of statutory required service and notice requirements for guardianships. A person or party may offer expert testimony for or against a request for compensation after giving notice to interested persons.The petition asks that this court appoint. (name) as your guardian to make decisions for you. This form allows interested parties to be able to waive the requirement that they be given at least 14 -days advance notice of the hearing on the Petition. The "Affidavit of Person to be Appointed" contains information about the person who is to serve as guardian or conservator. 3. Notice of interested person duty; guardian and conservator notice requirements; court notice requirements. After the court appoints a guardian, you continue to be involved. You are entitled to notice about guardianship events, unless you waive that right. Adjudications following notice and hearings are involved.

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Utah Notice of Hearing, Rights and Adverse Consequences of a Guardianship (Notice to Interested Persons)