Utah Guardianship Questionnaire

State:
Multi-State
Control #:
US-Q1017
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a guardianship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

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.

Guardians are appointed when a court determines that an individual is at risk because they cannot make decisions for themselves and there is no less restrictive way to meet the individual's needs. Guardianship may remove a broad spectrum of rights from the individual.

Legal guardians have custody of the child and the authority to make decisions concerning the child's protection, education, care, discipline, etc. Legal guardianship is assigned by a court, such as a family court, ing to state laws.

Guardianship means obtaining the legal authority to make decisions for another person. A ?guardian? is the person appointed by the court to make decisions on behalf of someone else. The person over whom the guardianship is granted (the child or the adult) is referred to as the ?protected person.?

Procedure for appointing a guardian Petition to appoint a guardian. Any adult may file the petition. ... Service of the petition and notice of hearing. ... Objecting to the petition. ... Lawyer for the respondent. ... Examination of the respondent. ... Court visitor. ... Mediation. ... Hearing.

The court will look to blood relatives, other family members, or extended family members. Close friends may be far down the court's list. With the advice of an estate planning attorney, parents can choose a guardian or backup guardian.

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.

A parent is related to the child either through biology or adoption. A guardian does not have to be directly related to the child or adopt him, but has to make all legal and pertinent decisions pertaining to a child's education and life.

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Utah Guardianship Questionnaire