Utah Sample Letter for Petition to Substitute Conservator
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How to fill out Sample Letter For Petition To Substitute Conservator?
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FAQ
In Utah guardianship is usually the method used to support individuals with disabilities who require legal protections and support with decision-making. However, guardianship is the most restrictive option for support and should be used after alternatives are considered.
A guardian has the responsibility of a parent for a minor, except that the guardian does not have to use his or her own money for the ward's care and support. Utah Code Page 4 4 Section 75-5-312. A conservator is the trustee of the ward's estate. Utah Code Section 75-5-420.
Petition to appoint a conservator The petitioner may request that s/he or someone else be appointed conservator. The petitioner must file the petition in the county in which the respondent resides or, if the respondent does not reside in Utah, in the county in which the respondent has property.
Utah Rule 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.
To confirm the transfer of a guardianship or conservatorship from another state to Utah, the guardian or conservator must petition the Utah district court to accept the guardianship or conservatorship.
The document called a nomination of conservatorship allows an individual (also known as the principal or conservatee) to dictate who they want to look after them and their assets if they become incapacitated.
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.
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.
