Utah Petition for Notice to Minor to Nominate or Select Guardian

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Multi-State
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US-03326BG
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In most jurisdictions, a minor, on reaching a certain age, which was 14 years at common law, may choose his or her own guardian, conditioned on the guardian's posting of a bond and subject to confirmation by the court. The authorities are not in agreement as to whether a minor's right to select a guardian may be exercised for the purpose of superseding a guardian previously appointed. Where a minor is not of sufficient age to have an unqualified right to select a guardian, it is usual for the court to ascertain the preference of the minor if the minor is of an age to exercise an intelligent choice.

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FAQ

Asking the Court to Establish Guardianship in District Court Any adult interested in the minor child's welfare may file a petition in the district court in the county in Utah where the minor child resides or is present. Are you filing in Utah County? If yes, you must file your papers with the Provo Courthouse.

Asking the Court to Establish Guardianship in District Court Any adult interested in the minor child's welfare may file a petition in the district court in the county in Utah where the minor child resides or is present. Are you filing in Utah County? If yes, you must file your papers with the Provo Courthouse.

As we've covered, custody is granted to parents or to someone with a parent-like relationship to a child; guardianship is appointed to someone other than a parent. While legal custodians are responsible for making all important decisions for a child, guardians face more limits.

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.

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.

The right of first refusal is an aspect of Utah law which gives the non-resident parent the right to care for their children when the custodial parent is not available. The reasons for this unavailability may include school, work, medical appointments and a whole load of others.

A Nomination of Guardian is a document put in place to safeguard a Client's wishes for who will act on their behalf if they become incapacitated. One of the goals of a proper estate plan, including Advance Directives and Durable Powers of Attorney, is to avoid the need for Court-appointed Guardianship.

In Utah, the court will usually not consider a child's preference unless they are 14. However, the child's preferences are not the only factor the court finds. The judge may place more weight on the child's wishes if they are 16 or older.

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Utah Petition for Notice to Minor to Nominate or Select Guardian