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What is a guardian and a conservator?


 

A guardian is a person or institution appointed by a court to make decisions about the care of another, who is called a "ward." A conservator is a person or institution appointed by the court to manage the property and financial affairs of a ward. Sometimes the same person is appointed to both roles. If no conservator is appointed, the guardian has some of the responsibility of a conservator. Utah Code Section 75-5-312.

A guardian has the responsibility of a parent for a minor, except that the guardian does not have to use his or her own money for the ward's care and support. Utah Code Section 75-5-312. A conservator is the trustee of the ward's estate. Utah Code Section 75-5-420. The ward's estate includes all of his or her property. Some examples are income (such as wages, an annuity, or Social Security or other government benefits), real property (buildings and land), furniture, cash, bank accounts, certificates of deposit, stocks, bonds, retirement benefits, motor vehicles, and valuables such as jewelry, furs, and art. A conservator must use reasonable care, skill and caution to manage and invest the estate as a prudent investor would. Utah Code Section 75-7-902.

If the ward needs help in some but not all areas of decision making, the court may order a limited guardianship. Utah Code Section 75-5-304. Under Utah law, a limited guardianship is preferred, and the court may grant a full guardianship only if no alternative exists. A limited guardian has only those powers and duties listed in the court order. The court may also limit the conservator's authority. Utah Code Section 75-5-426.

In an emergency, the court may appoint a temporary guardian, who serves for no more than 30 days, until a hearing to decide whether the ward needs a permanent guardian. A temporary guardian has the responsibility of a permanent guardian, either limited or full, depending on the circumstances. Utah Code Section 75-5-310.

Your appointment order and letters of guardianship or conservatorship issued by the court should specify the nature of your appointment.


Page Last Modified: 7/7/2015
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