Guardianship of a Child or Adult in Utah

A parent may appoint a guardian by will or written instrument, which has priority over a court appointment. Otherwise, the court (in the place where the minor lives or is present) may appoint a guardian for an unemancipated minor if each parent consents after understanding the legal effect, all parental rights have been terminated, or each parent is unwilling or unable to exercise parental rights. The court may appoint anyone whose appointment is in the minor's best interests and must appoint a person nominated by a minor 14 or older unless contrary to the minor's best interests.

The allegedly incapacitated person or anyone interested in their welfare may petition. The court sets a hearing and must appoint an attorney unless the person has their own. A guardian may be appointed only on clear and convincing evidence that the person is incapacitated and that guardianship is necessary or desirable for continuing care and supervision. The court must prefer a limited guardianship and may grant a full guardianship only if no other alternative exists, with a specific finding that nothing less is adequate. Utah law also recognizes supported decision-making agreements, and courts may consider informal supported decision-making as a less restrictive alternative to guardianship.