Guardianship for Minor Turning 18

Stephen Howard — Stone River Law

Real People. Real Solutions.

Utah law distinguishes between guardianship over a minor and a guardianship for an incapacitated adult. A guardian, and even a parent of a minor child who is about to turn 18 may need new appointment as a guardian if the soon-to-be adult is incapacitated for reasons other than age.

Under Utah Code 75-5-317(2), a petition seeking adult guardianship may be filed for a minor who is at least 17 years and six months of age (17 1/2 years old). If granted, the adult guardianship does not become effective until the minor actually turns 18. But it automatically becomes effective immediately on the day the minor turns 18.

Under previous versions of Utah’s guardianship laws, the courts did not have jurisdiction to consider a petition for an adult guardianship until the minor actually turned 18. This left a gap where a person just turning 18 might lose the support and assistance of a legally-appointed guardian for as long as it took for the court to hear the new petition for guardianship.

Under the newer versions of the guardianship laws (effective as of 2018), there is a six-month window prior to turning 18 in which a parent or other concerned person can file for guardianship.