Guardianship and Conservatorship

Guardianships and Conservatorships are court orders that authorize another person or entity a legal relationship of decision making to be made on behalf of another individual. That individual then becomes what is currently described as a “Protected Person” or “Person under Guardianship”. These court orders can be limited in scope or cover wider power over full decision making.

Guardians and Conservators have the responsibility to understand the wishes, preferences and abilities of a Protected Person and to create a person-centered plan of care. There should be a variety of others, which are very familiar with ethical standards, to assist Guardians and Conservators to provide the fiduciary, medical, environmental, and personal needs a Protected Person may require. This helps to reduce the potential of misconduct that can occur when power is given by the court to control decision making over another individual. Powers specified in court orders should be clearly outlined and understood by the guardian and/or conservator.

In Utah, the guardian supports the Protected Person to make decisions for medical, environmental and personal needs. The conservator supports the Protected Person to make decisions for finances and property.

Before a guardianship or conservatorship may need to be imposed, there are other less restrictive ways to assist those who cannot manage their own affairs. Legal arrangements such as wills, trusts, advance directives, payee services, as well as state and local government programs, and other supporting agencies are alternatives to court intervention. Private pay methods of using professional care management or home health agencies, who offer private duty caregivers to manage needs of an individual, are other options that can allow a person to retain their rights and manage their affairs with dignity, without using court intervention.