It is best to plan ahead, to create an estate plan including a durable power of attorney, trust, and other documents that can help avoid the need for an emergency guardianship. But in situations where an emergency appointment of a guardian is necessary, having the assistance of a good attorney is important. This page is intended only to provide general information about the emergency guardianship process in Utah. If you or someone you love is facing the need for an emergency appointment of a guardian, formal consultation with an attorney is strongly recommended.

Utah Code Sections Governing Emergency Appointment of a Guardian

Utah Code section 75-5-310 governs the emergency appointment of guardians, and allows for a guardian to be appointed on a period of up to 30 days. This emergency appointment can be made by the court without providing the notice to other interested parties that would otherwise normally be required. If a guardianship will be required on a permanent basis, the court is required to hold a hearing following the emergency appointment, with proper notice being given according to Utah Code section 75-5-309 and a hearing being conducted pursuant to Utah Code 75-3-303. If any interested party requests an earlier hearing after the emergency appointment of a guardian, Utah Code section 75-5-310 requires that the hearing must be held within 14 days of such request.

Requirements to Obtain Emergency Appointment of a Guardian

To appoint a guardian on an emergency basis, Utah law requires that the court find that: 1) there is no guardian appointed, or the appointed guardian is not fulfilling the guardian’s responsibilities; 2) some emergency exists; and 3) the welfare of the incapacitated person requires immediate action. Because the court has discretion in determining whether an emergency exists and whether immediate action is required, it is important to allege with specificity the circumstances and conditions that create the need for emergency action.

Prior to the appointment of a guardian, the proposed guardian must take the appropriate examination (available from the courts) and submit a declaration of completion of testing. Without this declaration, the court cannot appoint a guardian even in an emergency.

Finding a Guardianship Attorney in Utah

We are pleased to offer guardianship and other estate planning legal services to Salt Lake, Davis, and Weber counties, and throughout Utah. For assistance in obtaining guardianship, or for help in creating a comprehensive estate plan that can help you avoid the need for a guardianship, contact us today.