Guardianship Attorney South Jordan & Conservatorship Lawyers

Serving Clients in Kaysville or Our South Jordan Offices

Since 2014, thousands have trusted Sandberg, Stettler, & White for various estate planning matters, including establishing and managing guardianships and conservatorships. These arrangements can greatly benefit children and adults by providing protection and care. However, navigating the legal processes associated with them can be challenging. This is where our team can help. If you are interested in establishing guardianship or conservatorship or have related matters to handle, call us. Our experienced guardianship attorneys are prepared to go to work for you. We serve individuals and families across the Wasatch Front.

Start with us today. Schedule a free consultation by calling (385) 481-5276 or getting in touch online.

Guardianship vs. Conservatorship: What's the Difference?

In Utah, guardianship and conservatorship are two different legal arrangements that allow one person to act on behalf of another.

Below, we offer details about them:

• Guardianship: This puts one person (the guardian) in a parent-like role over another (the ward). The arrangement allows the guardian to decide healthcare, education, and more for the ward. Courts must appoint a guardian. Unlike parents, guardians are not responsible for the actions of the ward. They do not have to use their money to care for the ward. This legal status is often used for minors or adults unable to care for themselves due to incapacity or disability. Guardianship ensures that the wards' personal and medical needs are met, protecting their welfare and well-being through appointed decision-makers.
• Conservatorship: This allows one person (the conservator) to make financial decisions for another (the ward). Courts must also appoint conservators. Conservatorship focuses on managing the ward's financial affairs and assets, ensuring bills are paid, and investments are sound. This role is essential in protecting the ward's financial interests, especially when they cannot manage these aspects themselves.

How to Establish Guardianship or Conservatorship in Utah 

The process for both begins with filing a case with the appropriate court and providing evidence underscoring the need for guardianship or conservatorship. The state’s courts can appoint attorneys to represent adults subject to either arrangement. Courts may appoint an attorney in cases involving children if they believe doing so is best for a child. Judges will assess the proposed guardianship or conservatorship and grant or deny it. It is crucial to prepare thoroughly, as this process involves submitting substantial documentation, such as medical reports and evidence of the individual's incapacity. Having a knowledgeable guardianship attorney guide you through the evidentiary requirements significantly increases the chances of a successful application. Additionally, understanding the ongoing obligations of a guardian or conservator, including regular reporting to the court, ensures continued compliance and protection of the ward's interests.

Is it Possible to End Guardianship or Conservatorship?

Yes. A child’s guardianship or conservatorship will automatically end when they turn 18. Either arrangement will also end if a guardian or conservator resigns or a person becomes able to handle their affairs or passes away. In cases where the ward regains capacity or other significant changes occur, a court review can address terminating or adjusting the arrangement. Parties must provide evidence indicating that the ongoing presence of a guardian or conservator is no longer necessary. Collaborative discussions between all parties involved, facilitated by legal advisors, can help in reaching a resolution that best serves the ward's current condition and future needs.

Advance Health Care Directives or Living Wills

An advance health care directive combines a health care power of attorney with a living will to document your wishes for end-of-life care. It can include medical treatments you would or would not like to have if you become incapacitated. A living will will remove the stress of making difficult medical decisions by family members during emotional situations and will avoid conflicts. These directives are crucial tools for ensuring your medical preferences are honored and provide clarity to loved ones, thereby reducing their burden during challenging times. By proactively outlining your healthcare wishes, you maintain control over future medical decisions.

Benefits of Consulting a South Jordan Guardianship Attorney

Choosing to consult a South Jordan guardianship attorney offers numerous benefits tailored to the local legal landscape. These professionals provide invaluable insights into the specifics of regional guardianship law, helping to ensure the process is as streamlined as possible. By working with a local attorney, you gain access to in-depth knowledge of South Jordan’s legal system and procedural nuances. This local expertise can enhance your understanding and navigation of the court processes, paperwork requirements, and statutory obligations specific to this jurisdiction.

Additionally, guardianship attorneys in South Jordan can offer support by connecting clients with local services and resources beneficial to both guardians and wards. Whether it’s finding supportive community programs or accessing local medical and financial support services, these attorneys can guide you toward the resources that will best aid in fulfilling the guardianship role effectively and compassionately.

Call Us for a Consultation 

At Sandberg, Stettler, & White, our attorneys maintain lasting relationships with each client as they age. We welcome the opportunity to review client estate plans every few years to ensure that assets are still protected. Sometimes, assets must be repositioned based on a client’s health care needs to leverage all available financial resources and public benefits, including Medicaid, VA Aid and Attendance, SSI, SSDI, or long-term care. Our approach allows us to adapt estate plans to changing laws and personal circumstances, ensuring a robust strategy is always in place. We provide comprehensive reviews and updates that align with the evolving landscape of healthcare needs and public benefit opportunities.

Speak with our office by calling us at (385) 481-5276 today.

Frequently Asked Questions About Guardianship & Conservatorship

What Are the Responsibilities of a Guardian?

A guardian's responsibilities encompass various aspects of the ward's life, focusing primarily on their well-being and personal care. Guardians are tasked with making decisions about the ward’s medical care, residence, educational needs, and general welfare. They act in a capacity similar to a parent, ensuring the ward has access to necessary services and support systems.

Importantly, guardians must act in the best interests of the ward, prioritizing their health and personal needs. They may need to coordinate with healthcare providers, educators, and social services to make appropriate decisions. Additionally, guardians are often required to file periodic reports with the court to demonstrate ongoing compliance and to update the court on the ward’s condition and care arrangements. This responsibility demands a compassionate understanding of the ward's needs and an ability to navigate various support systems effectively.

How Long Does the Guardianship Process Take in South Jordan?

The length of the guardianship process in South Jordan can vary depending on several factors, such as the complexity of the matter, court scheduling, and the promptness of documentation submissions. Initially, the petition must be filed, followed by a series of legal proceedings to determine the necessity and appropriateness of guardianship.

Generally, guardianship proceedings might take a few months from start to finish, especially if contested circumstances arise. It's vital to consult with a South Jordan guardianship attorney early in the process to ensure all necessary documentation is complete and to expedite any legal hurdles. Understanding the specific procedural requirements of the South Jordan court system can help manage expectations and plan accordingly.

Can Guardianship Be Contested?

Yes, guardianship can be contested, especially by family members who believe it may not serve the ward’s best interests. Contesting a guardianship usually involves legal proceedings wherein the contesting party presents their arguments against the appointment of a particular guardian—or any guardian at all.

In South Jordan, those contesting a guardianship must provide substantive proof that either the proposed guardian is unsuitable or that the ward does not require guardianship. Such proceedings can extend the process and introduce additional complexities into the legal framework, thus requiring adept legal representation to navigate successfully.

What Are Common Challenges Faced by Guardians?

Common challenges faced by guardians include understanding and fulfilling their legal obligations, managing the ward's ongoing needs, and balancing their own personal responsibilities. Guardians often find themselves coordinating medical services, financial management, and social services for the ward, all of which can be demanding.

Despite these challenges, guardians must always act in the ward's best interest, which can involve difficult decisions and coordination with various entities. Legal nuances and the emotional weight of guardianship can sometimes result in decision-making dilemmas or conflicts that need careful management and external support.