Getting Help with a Guardianship or Conservatorship

Getting help from the court

This page can help you if you are:
  • worried about someone who has a guardian or conservator
  • a protected person and want to talk to the court about your case
  • a guardian or conservator and want the court to review the guardianship or conservatorship

The protected person is the person who has a guardian or conservator to help them.

Looking for help with a guardianship or conservatorship of a minor?
This page can help with that too.

What do you need help with?

Choose the option below that best matches your situation to learn how to ask for help.

Generally, a guardian or conservator must:

  • help the protected person
  • make choices that are good for the protected person
  • manage the protected person's affairs carefully and responsibly

In a guardianship, the protected person can have a lawyer, be informed about their case, make choices about their care, keep their privacy, and stay as independent as possible. 

You can read more about the responsibilities of a guardian, the responsibilities of a conservator, and the rights of a protected person.

You can file a motion if you are worried that the guardian or conservator:

  • is not doing their job well or is not taking care of the protected person or their money
  • lied to get their position or asked for the guardianship for bad reasons
  • could benefit from their position personally in a way that could hurt the protected person, or
  • if you disagree with the guardian or conservator and need court help

You can file a motion even if you are not part of the case. Utah Code 75-5-301.5(1)(c).

The motion you need depends on how old the protected person is. 

How old is the protected person?

You can file a motion asking the court to review the guardianship or conservatorship. Follow the steps below to ask the court for help.

Step 1 - fill out the papers and file them with the court
Fill out the following:

  • Motion to Review/Change - minor
  • Notice of Right to Object to Motion - PDF | Word
  • Order on Motion to Review/Change - minor


Then file your papers with the court. 

Step 2 - send copies of the papers
Send copies of the papers you file to all interested parties in the case. This includes the protected person, the guardian or conservator, and anyone else who has asked for notice.

Send the papers by following the instructions on our Serving Other Papers page.

Step 3 - go to the hearing
The court will schedule a hearing on the motion. Be sure to attend.

You might get a final decision from the judge on your motion. The court could send your case to mediation if someone disagrees with your request. See the Alternative Dispute Resolution in Probate Cases web page for more information. The court could also appoint a court visitor to investigate the issues. See the Court Visitor Program for more information.

Need more help with your motion?
Visit our page on Motions for detailed guidance. 

You can file a motion asking the court to review the guardianship or conservatorship. Follow the steps below to ask the court for help.

If your motion is about the protected person's ability to be independent (capacity), they can have a laywer at the hearing. The court will find a free lawyer if they cannot afford one. 

Utah Code 75-5-301.5 (2)(a) and 75-5-303 (2)(b).

There are optional extra papers you can file to ask for: a lawyer to represent the protected person, someone to investigate what is happening, and a doctor to examine the protected person.

Step 1 - fill out the papers and file them with the court
Fill out the following:

  • Motion to Review/Change - ADULT
  • Notice of Right to Object to Motion - PDF | Word
  • Order on Motion to Review/Change - ADULT

Forms to appoint an attorney to represent the protected person

  • Checklist - PDF | Word
  • 1215XX
  • 1216XX

Forms to assign a court visitor to investigate what is happening

  • 1217XX

Forms to appoint a doctor to examine the protected person and evaluate their capacity

  • Checklist - PDF | Word
  • 1218XX
  • 1219XX
  • 1208XX
    • Instructions to the Evaluator - PDF | Word

  • 1160XX
  • Forms for Guardianship and Conservatorship Pre-appointment Test
  • 1224XX - Order Appointing Conservator for an Adult
  • 1168XX - Acceptance of Appointment
  • 1227XX - Letter of Conservatorship
  • 1184XX - Private Information Record in Guardianship and Conservatorship cases


Then file your papers with the court. 

Step 2 - send copies of the papers
Send copies of the papers you file to all interested parties in the case. This includes the protected person, the guardian or conservator, and anyone else who has asked for notice.

Send the papers by following the instructions on our Serving Other Papers page.

Step 3 - go to the hearing
The court will schedule a hearing on the motion. Be sure to attend.

You might get a final decision from the judge on your motion. The court could send your case to mediation if someone disagrees with your request. See the Alternative Dispute Resolution in Probate Cases web page for more information. The court could also appoint a court visitor to investigate the issues. See the Court Visitor Program for more information.

Need more help with your motion?
Visit our page on Motions for detailed guidance. 

How old is the protected person?

If you are a minor, your guardianship ends automatically if certain events happen. See the section below called "I need to end a guardianship or conservatorship."

If you need something else, you can file a motion asking the court to review the guardianship or conservatorship. Follow the steps below to ask the court for help.

Step 1 - fill out the papers and file them with the court
Fill out the following:

  • Motion to Review/Change - minor
  • Notice of Right to Object to Motion - PDF | Word
  • Order on Motion to Review/Change - minor


Then file your papers with the court. 

Step 2 - send copies of the papers
Send copies of the papers you file to all interested parties in the case. This includes the protected person, the guardian or conservator, and anyone else who has asked for notice.

Send the papers by following the instructions on our Serving Other Papers page.

Step 3 - go to the hearing
The court will schedule a hearing on the motion. Be sure to attend.

You might get a final decision from the judge on your motion. The court could send your case to mediation if someone disagrees with your request. See the Alternative Dispute Resolution in Probate Cases web page for more information. The court could also appoint a court visitor to investigate the issues. See the Court Visitor Program for more information.

Need more help with your motion?
Visit our page on Motions for detailed guidance. 

Are you the protected person?
If you are an adult, as a protected person, you can still:

  • stay as independent as you can based on your current abilities
  • have freedom in all parts of your life that are not controlled by the guardianship 
  • ask the court to review your guardianship if your abilities have improved
  • have someone speak up for you about your concerns.

You have other protections. Read more on our page about the Protected Person's Rights.

Utah Code 75-5-301.5(1)(c) and (2)(h).

You can file a motion asking the court to review the guardianship or conservatorship. Follow the steps below to ask the court for help.
 

If your motion is about the protected person's ability to be independent (capacity), they can have a laywer at the hearing. The court will find a free lawyer if they cannot afford one. 

Utah Code 75-5-301.5 (2)(a) and 75-5-303 (2)(b).

There are optional extra papers you can file to ask for: a lawyer to represent the protected person, someone to investigate what is happening, and a doctor to examine the protected person.

Step 1 - fill out the papers and file them with the court
Fill out the following:

  • Motion to Review/Change - ADULT
  • Notice of Right to Object to Motion - PDF | Word
  • Order on Motion to Review/Change - ADULT

Forms to appoint an attorney to represent the protected person

  • Checklist - PDF | Word
  • 1215XX
  • 1216XX

Forms to assign a court visitor to investigate what is happening

  • 1217XX

Forms to appoint a doctor to examine the protected person and evaluate their capacity

  • Checklist - PDF | Word
  • 1218XX
  • 1219XX
  • 1208XX
    • Instructions to the Evaluator - PDF | Word

  • 1160XX
  • Forms for Guardianship and Conservatorship Pre-appointment Test
  • 1224XX - Order Appointing Conservator for an Adult
  • 1168XX - Acceptance of Appointment
  • 1227XX - Letter of Conservatorship
  • 1184XX - Private Information Record in Guardianship and Conservatorship cases


Then file your papers with the court. 

Step 2 - send copies of the papers
Send copies of the papers you file to all interested parties in the case. This includes the protected person, the guardian or conservator, and anyone else who has asked for notice.

Send the papers by following the instructions on our Serving Other Papers page.

Step 3 - go to the hearing
The court will schedule a hearing on the motion. Be sure to attend.

You might get a final decision from the judge on your motion. The court could send your case to mediation if someone disagrees with your request. See the Alternative Dispute Resolution in Probate Cases web page for more information. The court could also appoint a court visitor to investigate the issues. See the Court Visitor Program for more information.

Need more help with your motion?
Visit our page on Motions for detailed guidance. 

How old is the protected person?

You can file a motion asking the court to review the guardianship.

Are you the parent of the minor?
If your guardianship is in district court and your custody rights have not been taken away, you are entitled to parent-time. You can ask for parent-time in your motion.

Utah Code 80-1-102 (70)(a).

Follow the steps below to ask the court for help.

Step 1 - fill out the papers and file them with the court
Fill out the following:

  • Motion to Review/Change - minor
  • Notice of Right to Object to Motion - PDF | Word
  • Order on Motion to Review/Change - minor


Then file your papers with the court. 

Step 2 - send copies of the papers
Send copies of the papers you file to all interested parties in the case. This includes the protected person, the guardian or conservator, and anyone else who has asked for notice.

Send the papers by following the instructions on our Serving Other Papers page.

Step 3 - go to the hearing
The court will schedule a hearing on the motion. Be sure to attend.

You might get a final decision from the judge on your motion. The court could send your case to mediation if someone disagrees with your request. See the Alternative Dispute Resolution in Probate Cases web page for more information. The court could also appoint a court visitor to investigate the issues. See the Court Visitor Program for more information.

Need more help with your motion?
Visit our page on Motions for detailed guidance. 

The protected person is entitled to remain as inedpenent as possible, receive telephone calls and personal mail, and visit with friends and relatives.

Utah Code 75-5-301.5 (2)(b) and (2)(o). 

Follow the steps below to ask the court for help. 

Step 1 - fill out the papers and file them with the court
Fill out the following:

  • Motion to Review/Change - ADULT
  • Notice of Right to Object to Motion - PDF | Word
  • Order on Motion to Review/Change - ADULT

Forms to appoint an attorney to represent the protected person

  • Checklist - PDF | Word
  • 1215XX
  • 1216XX

Forms to assign a court visitor to investigate what is happening

  • 1217XX

Forms to appoint a doctor to examine the protected person and evaluate their capacity

  • Checklist - PDF | Word
  • 1218XX
  • 1219XX
  • 1208XX
    • Instructions to the Evaluator - PDF | Word

  • 1160XX
  • Forms for Guardianship and Conservatorship Pre-appointment Test
  • 1224XX - Order Appointing Conservator for an Adult
  • 1168XX - Acceptance of Appointment
  • 1227XX - Letter of Conservatorship
  • 1184XX - Private Information Record in Guardianship and Conservatorship cases


Then file your papers with the court. 

Step 2 - send copies of the papers
Send copies of the papers you file to all interested parties in the case. This includes the protected person, the guardian or conservator, and anyone else who has asked for notice.

Send the papers by following the instructions on our Serving Other Papers page.

Step 3 - go to the hearing
The court will schedule a hearing on the motion. Be sure to attend.

You might get a final decision from the judge on your motion. The court could send your case to mediation if someone disagrees with your request. See the Alternative Dispute Resolution in Probate Cases web page for more information. The court could also appoint a court visitor to investigate the issues. See the Court Visitor Program for more information.

Need more help with your motion?
Visit our page on Motions for detailed guidance. 


Not seeing what you are looking for? 

You can find other information about these topics on our Guardianship and Conservatorship page

If you have questions about any of this, please visit our page on Finding Legal Help.