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Utah law is specific when it comes to guardianships.
When you file for guardianship over a person, you are creating a legal relationship between you and another person so that you can make legal and medical decisions on their behalf.
You can file for guardianship over a child who is not biologically yours, a disabled adult child, or over an adult who is not capable of making their own decisions.
Guardianship over incapacitated parents
As your parents get older, sometimes they need more help with their financial and medical decisions than they may have expected. This is especially the case when they are dealing with potential Alzheimers or other dementia issues. Obtaining guardianship over your incapacitated parents helps you keep their bills up to date, make sure their mortgages are paid on time, and gives you the authority to make medical decisions for them. No one wants to watch their parents become limited but, with a guardianship, you can protect them like they used to protect you.
Guardianship over incapacitated adult children
Utah state law states that people over 18 years of age no longer need legal guardians but when an adult is unable to make their own decisions due to disability, it is important that they have a legal guardian to care for them and make sure that they are getting proper care. As certified members of the Academy of Special Needs Planners, our attorneys at Hundley & Harrison work with families to help prepare for their loved one’s future.
Guardianship over minor children of other parents
Parents sometimes bring the children of others, whether they be friends, other family, or even from the foster system, into their home. While that child stays with the family, the host parents need authority to take them to doctor’s appointments, enroll them up for school, and even sign them up for extra curriculars. Obtaining a guardianship on the minor child gives the host parents that authority. These guardianships can be permanent or temporary.
Sometimes, especially in the case of people with psychological disorders, people need guardians for a short period of time while they attend a mental rehabilitation program. Guardianship will allow you to care for their finances and make healthcare decisions while they get better, and the guardianship will expire once they are deemed able to care for themselves.