Guardianship

Dedicated to representing your best interests

In Utah, guardianship establishes a legal relationship allowing you to make crucial decisions—both legal and medical—on behalf of someone who cannot make these decisions themselves.

You can petition for guardianship over a child who needs care, even if they are not your biological child. Similarly, you can seek guardianship over an adult who lacks the capacity to manage their own affairs. Understanding guardianship options is essential, and our experienced Salt Lake City, Park City, and Ogden guardianship attorneys are here to guide you through this process.

Contact us at (435) 800-2963 to schedule a consultation and explore your legal options with compassion and clarity.

Why Choose Guardianship?

Guardianship can be vital in various situations:

Children with Incapacitated Parents:

When parents are unable to care for their children due to circumstances like incarceration, substance abuse, legal issues, or health reasons, guardianship can prevent children from entering foster care.

Temporary Guardianship:

Individuals facing temporary incapacity, such as during mental health rehabilitation, may require a guardian to manage their affairs temporarily. This ensures their financial and healthcare needs are met until they regain independence.

Our Practice Areas

In addition to guardianship, our dedicated team at Just Law Utah specializes in:

Adoption
Alimony
Child Custody
Child Support
Divorce
Mediation
Modification Actions
Paternity
Protective Orders
Prenuptial Agreement
Postnuptial Agreement

Surrogacy

Emergency Guardianship in Utah

Under Utah Code Section 75-5-310, emergency guardianship can be appointed in critical situations where immediate action is necessary for the individual’s welfare. If you are facing such an urgent scenario, our attorneys can assist you in navigating the legal process effectively.

Temporary guardianship can be granted if:

E
There is an emergency
E
Immediate action is necessary for the respondent’s welfare
E
No guardian is currently in place over the respondent
E
The guardian is not performing their duties

Only a Judge can grant emergency guardianship in Utah. If a person requests emergency guardianship, a hearing will be scheduled within 14 days for a judge to hear the petition and make a decision. Emergency guardianship can be granted without notice.

What is the Difference Between Guardianship and Custody in Utah?

While guardianship and custody both involve assuming legal responsibilities for minors or incapacitated adults, they differ in significant ways. Guardianship can be granted to any qualified individual, whereas custody typically pertains to parents.

Guardianship entails assuming legal responsibilities for a minor or incapacitated adult’s welfare. This can involve making legal and medical decisions on their behalf.

Child custody, on the other hand, refers specifically to a parent who assumes legal and/or physical custody of a child.

Experienced Legal Guidance for Your Guardianship Case

Navigating guardianship law requires expertise and often involves court rulings to finalize. It’s crucial to enlist a Law Elevated family law attorney who understands these complexities and can advocate for your candidacy as a guardian effectively.

Our Salt Lake City, Park City and Ogden lawyers are dedicated to representing your best interests and ensuring that the right decisions are made for your loved ones. Contact us today to schedule your initial consultation and begin securing the legal representation you need. Call us at 435-800-2963 to get started.