Notice: OCAP System maintenance will be performed beginning Saturday, November 23rd, 2024, from 1:30 a.m. to 11:30 p.m. MST

OCAP will be unavailable during this maintenance period.

Emergency Guardian

Under Utah Code Section 75-5-310, the court may appoint an emergency guardian if:

  • an emergency exists; and
  • the respondent's welfare requires immediate action; and
  • the respondent has no guardian or the guardian is not effectively performing their duties.

The appointment of an emergency guardian is not a determination of the respondent's incapacity. The appointment of an emergency guardian can be without notice to anyone. The order will designate a period of days (not to exceed 30 days) during which the emergency guardian has authority to make decisions on the respondent's behalf.

Upon request by an interested person after the appointment of an emergency guardian, the court shall hold a hearing within 14 days. For a description of the regular procedures for appointing a guardian, see the page on Procedure for Appointing a Guardian for An Adult.

Under Utah Code Section 75-5-310.5, the court may appoint a temporary guardian, convert an emergency guardian to a temporary guardian, or appoint a different person as temporary guardian to replace the emergency guardian. The temporary guardian is responsible for the protected person's care and custody and may not permit the protected person to be removed from Utah. The authority of any previously-appointed guardian is suspended so long as a temporary guardian has authority. A temporary guardian may be removed at any time and must obey all orders of the court. A temporary guardian has all the powers and duties under Utah Code Section 75-5-312.

Under Utah Code Section 75-5-408(3), the court may appoint a temporary conservator to serve until further order of the court.

 

There are no court forms for requesting an emergency or temporary guardian or temporary conservator. If you need help with an emergency guardianship, you can contact the Office of Public Guardian or see our page on finding legal help.

If there is a guardian or conservator who is not effectively performing their duties see our page with information and forms on Asking the Court to Review or Terminate (End) the Guardianship or Conservatorship or to Remove the Guardianship or Conservator.

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