Motion to Review, Terminate, or Remove Guardian or Conservator

Anyone interested in the welfare of the protected person, including a family member, a guardian or conservator of the protected person, or the protected person themself (if they are 14 years of age or older) can ask the court to:

• review how the guardian or conservator is managing their responsibilities
• terminate (end) the guardianship or conservatorship,
• remove the guardian or conservator (without ending the guardianship or conservatorship).

Forms are in the forms section below.

Utah Code 75-5-301.5(w); 75-5-306, 75-5-307; 75-2-210; 75-4-430; 75-5-209, 75-5-210, 75-5-212; 75-5-415

Examples of when you can use this motion

Here are some examples of when you might file this motion:

• You are under a guardianship or conservatorship (you are sometimes called a "ward" or "protected person") and:
  • You want the court to review guardian or conservator's decisions
  • You are no longer incapacitated
  • The guardian or conservator is no longer able to serve in their role
  • You think the guardian or conservator is not performing their duties or is not able to perform their duties
• You are someone who is worried about the protected person and how they are being treated by the guardian, or how the conservator is managing the protected person's money
• You are the guardian or conservator and:
  • You want to end the guardianship or conservatorship
  • The protected person is a minor and has married, been emancipated, or been adopted

How to ask the court to consider your request

Asking the court to review, terminate, or remove the guardian or conservator involves three steps.

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

Fill out the Motion to Review, Terminate, or Remove Guardian or Conservator. Also fill out the Notice of Right to Object to Motion to Review, Terminate, or Remove Guardian or Conservator. File them with the court.

If you are the guardian or conservator (and are asking that the guardianship or conservatorship be ended or to resign), you have to file your Final Accounting with the motion.

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 - attend the hearing

The court will schedule a hearing on the motion. Be sure to attend.

If you are the guardian or conservator and oppose the motion

If you are the guardian or conservator and oppose the motion, you can file an opposition to the motion and explain why. The court will also schedule a hearing - be sure to attend if you want the court to hear your side.

What will happen at the hearing?

You might get a final decision from the judge on your motion. The court could send your case to mediation. 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.

Forms

Forms to ask the court to review, terminate, or remove the guardian or conservator

• Motion to Review, Terminate, or Remove Guardian or Conservator - PDF | Word
• Notice of Right to Object to Motion to Review, Terminate, or Remove Guardian or Conservator - PDF | Word
• Final Accounting (/howto/family/gc/reports.html#finalaccounting)
  (if you are the guardian or conservator and are asking that the guardianship or conservatorship be ended or that you can resign)
• Findings of Fact, Conclusions of Law and Order on Motion to Review, Terminate, or Remove Guardian or Conservator - PDF | Word

Forms to oppose the motion

• 1104GE