Legal Guardianship Lawyer in Utah - The Law Offices of Eric Swinyard

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Guardianship Lawyer in Utah

Guardianship, sometimes called conservatorship, is a legal relationship assigned by the court that gives legal authority to an individual or institution to care for minors, incompetent adults or incapacitated individuals. The court may also appoint a guardian to provide special protection for individuals who are unable to make safe decisions regarding their person or property.

Because establishing guardianship is such an important process, petitioning for guardianship over children or incompetent adults in Utah, the court will require interviews of all interested parties, a psychological evaluation, home visit or inspection and background checks to ensure the safety and wellbeing of the ward (the individual guardianship is being established over). If you are seeking guardianship in Utah, it is important to have an experienced and compassionate family law attorney to help navigate confusing guardianship laws.

 Eric M. Swinyard, Attorney at Law is an experienced guardianship lawyer in Utah who has the knowledge and resources to help you petition the court for guardianship and understand the requirements you will have to meet to become a legal guardian in Utah. Call today for your free 30-minute consultation 801-833-0948.

The Responsibilities of Legal Guardianship over a Child

There are many responsibilities that come with being the legal guardian of a child. It is not something to be taken lightly – you will in effect be acting as a parent and taking on all of the responsibilities that go with raising a child until he or she is 18. You must be dedicated and consider the added financial obligations and how it will affect your family, job and health. Please take the time to think about the following questions carefully to be sure you are ready to become a guardian:

  • Will the child’s parents support my guardianship?
  • Am I physically able to provide the stability and continuous care a child requires?
  • Can I afford additional expenses like clothing, healthcare, and education?
  • Will I be ready to accept full liability for the child’s actions?
  • How will legal guardianship affect my own children?
  • Do I want to commit to legal guardianship until the child is 18?

Legal Guardianship or Power of Attorney over an Adult

Petitioning guardianship over an adult in Utah can be a lengthy process, but that is just the first step. You must define the type of responsibility and authority you will gain as a legal guardian to the court. Power of attorney option is handled out of court and will not require court supervision.

If the person is able to communicate and still make some decisions, power of attorney will allow him or her to appoint someone to handle their affairs. If the individual is incapacitated and is no longer able to communicate or make decisions, they will benefit from a legal guardian. Guardianship responsibilities and power of attorney authority may include:

  • Provide stability and continuous care.
  • Authority to make decisions about expenses and spending.
  • Important long-term and emergency medical care decisions.
  • Deciding your ward’s living arrangements.
  • Control of the ward’s estate, property, and assets.
  • The responsibility for making difficult end-of-life decisions.

Contact Our Experienced Salt Lake City and Provo, Utah Child Custody Attorney for a Free Case Evaluation

Eric M. Swinyard, attorney at law provides experienced legal advice in Salt Lake County and Utah County for legal guardianship in Utah. Contact Eric to schedule your free, confidential 30-minute consultation to learn about your legal options and the steps needed to petition the court for legal guardianship. Only a skilled guardianship attorney can help you map out a comprehensive strategy, so you’ll be able to plan accordingly for your future as a guardian and the future of your ward.

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