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An effective appointment by a spouse has priority over an appointment by a parent unless it is terminated by the denial of probate in formal proceedings.
If the court is satisfied that there is a basis for making the appointment, the court will enter an order appointing a conservator and issue a letter of conservatorship that will conform to the order. The letter shows the conservator's authority to make decisions about the protected person's property.
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.
Court appointment of guardian of minor -- Conditions for appointment. 75-5-204. Court appointment of guardian of minor -- Conditions for appointment. each parent is unwilling or unable to exercise the parent's parental rights for any reason, including a court order suspending the parent's parental rights.
An incapacitated person or any person interested in the incapacitated person's welfare may petition for a finding of incapacity and appointment of a guardian.
Under Utah Code Section 75-5-310, the court may appoint an emergency guardian if: an emergency exists; and. the respondent's welfare requires immediate action; and. the respondent has no guardian or the guardian is not effectively performing their duties.
Under this section. A court may, in the order of appointment, place specific limitations on the guardian's power, duties, and rights. Except as provided in this Subsection (1), a guardian has the same powers, rights, and duties respecting the ward that a parent has respecting the parent's unemancipated minor.