Utah Guardianship of a Minor Petition
Utah hears this as a Petition to Appoint a Guardian for a Minor Child in the district court of the county where the child resides or is present, for which Utah Courts publish an approved Form 1300GU; it caps a temporary guardian's authority at six months and lets the school district where the petitioner resides participate at the hearing.
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Introduction
A Utah guardianship of a minor is a Petition to Appoint a Guardian for a Minor Child, filed in the district court for the county where the child resides or is present, under Utah's Uniform Probate Code, Title 75, Chapter 5, Part 2. Utah Courts publish an approved Form 1300GU for this petition, with companion forms for parent consent and other steps in the case; the court's form controls, and this is a working draft to prepare for filing, not a substitute for it. This guardianship covers the child's person only; managing the child's property requires a separate conservatorship. For urgent situations, the court may appoint a temporary guardian, whose authority may not last longer than six months. The court may appoint a guardian only if each parent consents after acknowledging the legal effect of guardianship, or each parent is unwilling or unable to exercise parental rights. A guardian may also be appointed if all parental rights have been cut off. A minor 14 or older must be notified of the petition. This guardianship does not end a parent's legal rights to the child and is not adoption; anyone interested in the child's welfare, or the child if 14 or older, may later ask the court to end it based on the child's best interest. Attorney review is available before you file.
Key Things to Know
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File a Petition to Appoint a Guardian for a Minor Child in the district court for the county where the child resides or is present; Utah Courts publish an approved Form 1300GU for it. This covers the child's person only, and the court's form controls over any draft. Managing the child's property instead requires a separate conservatorship petition under Part 4.
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If necessary, the court may appoint a temporary guardian with the same status as an ordinary guardian, but that authority may not last longer than six months.
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Notice goes to the minor if 14 or older, whoever has had principal care and custody of the child during the 60 days before the petition, any living parent, any guardian named in the last parent's will or written instrument, and the school district where the petitioner resides. The court may appoint a guardian only if each parent consents after acknowledging the legal effect of guardianship, or each parent is unwilling or unable to exercise parental rights, or all parental rights have been cut off.
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Utah's minor-guardianship statute (Title 75, Chapter 5, Part 2) does not require a background or criminal-history check on the proposed guardian or a guardian training course. The court may appoint an attorney for the child only if it finds the child's interests may be inadequately represented, giving weight to the child's preference if 14 or older. No bond is required for a guardian of the child's person; a bond applies only if a separate conservator of the child's estate is appointed, and the court may waive that bond for good cause.
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The school district where the petitioner resides is notified in every case and may participate at the hearing. For a school-age child older than 11, the district can object if the guardianship's main purpose is avoiding nonresident tuition, and the court may deny the guardianship unless the child, not the adult guardian, has secured a police certificate stating that no criminal charges have been filed against the child and the child is not the subject of a criminal investigation, or has given the district a release to the child's out-of-state criminal records.
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This guardianship does not terminate a parent's legal rights to the child and is not adoption; a parent retains residual parental rights and duties, and anyone interested in the child's welfare, or the child if 14 or older, may later petition to end the guardianship based on the child's best interest.
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A parent or guardian who needs a lighter, private alternative can delegate caregiving powers to another adult by a power of attorney for up to six months under Utah Code section 75-5-103; this is a private document, not a court order, and is different from a court-appointed guardianship.
Key decisions before you file
Before you file a Guardianship of a Minor Petition in Utah, a few decisions shape the document: which option to choose and what each one means. The Guardianship of a Minor Petition guide walks through them.
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Utah Requirements for Guardianship of a Minor Petition
Petition Filed in the Child's County
A Utah guardianship of a minor is filed as a Petition to Appoint a Guardian for a Minor Child in the district court for the county where the child resides or is present (Utah Code section 75-5-205); Utah Courts publish an approved Form 1300GU for it.
Six-Month Cap on Temporary Guardianship
If the court appoints a temporary guardian, that guardian's authority may not last longer than six months, within the same appointment proceeding as a general guardian (Utah Code section 75-5-207(3)).
Notice to Parents, the Child at 14, and the School District
Notice of the petition goes to the child if 14 or older, whoever had principal care and custody during the 60 days before filing, any living parent, any will-nominated guardian, and the school district where the petitioner resides (Utah Code section 75-5-207(1)).
Parental Consent, Inability, or Rights Cut Off
The court may appoint a guardian only if each parent consents after acknowledging the legal effect of guardianship, or each parent is unwilling or unable to exercise parental rights, or all parental rights have been cut off (Utah Code section 75-5-204(1)).
No Background Check on the Guardian in Part 2
Part 2 of Utah's guardianship statute does not require a criminal-history or background check on the adult seeking to become guardian, and sets no mandatory guardian training course (Utah Code sections 75-5-206, 75-5-207).
School District May Object to Guard Against Tuition Evasion
For a school-age child older than 11, the school district where the petitioner resides may participate at the hearing and object if the guardianship's primary purpose is avoiding nonresident tuition, and the court may require the child to obtain a police certificate stating that no criminal charges have been filed against the child and the child is not the subject of a criminal investigation (Utah Code section 75-5-206(3)).
No Bond for a Guardian of the Person
No bond is required for a guardian of the child's person; a bond applies only if a separate conservator of the child's estate is appointed, and the court may waive that bond for good cause (Utah Code section 75-5-411).
Guardianship Does Not Terminate Parental Rights
A parent of a child with a guardian retains residual parental rights and duties; the guardianship is not adoption and may later be ended on petition of anyone interested in the child's welfare or the child if 14 or older (Utah Code sections 75-5-209(5), 75-5-212).
Power of Attorney Delegation Capped at Six Months
A parent or guardian may delegate caregiving powers to another adult by a power of attorney for a period not exceeding six months, without filing a court case, as a private alternative to court-ordered guardianship (Utah Code section 75-5-103).