Adult Guardianship in Utah
Reviewed by DocDraft Legal Team - Utah - Last updated October 9, 2026
In Utah the district court appoints a guardian for an adult it finds "incapacitated" under the Utah Uniform Probate Code, Title 75, Chapter 5, Part 3. A guardian can be limited or full, and a separate conservator handles the property of a "protected person" under Part 4. The general petition is the court's Form 1206XX, Petition to Appoint a Guardian for an Adult (Utah Code 75-5-303), with Form 1501GU for severe intellectual disability and Form 1400GU for a parent petitioning for an adult child, and the court may appoint a guardian only if it finds incapacity and that the appointment is necessary or desirable, both by clear and convincing evidence (75-5-304(1)). Unless the person has a lawyer of their own choice, the court must appoint one, at the person's own expense unless the person and the person's parents are indigent (75-5-303(2)(b)), subject to a narrow exception in 75-5-303(6)(e). The person also has a statutory right to a jury trial.
Find out where you stand in Utah
What is happening with the adult you are concerned about?
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How does a court decide an adult needs a guardian in Utah?
Under Utah Code 75-5-304(1), the court must find, by clear and convincing evidence, incapacity and that appointment is necessary or desirable for continuing care and supervision. Incapacity (75-1-201(25)) means impaired ability to receive and evaluate information, make and communicate decisions, or provide for necessities, so that even with appropriate technological assistance the person cannot meet the essential requirements for financial protection or physical health, safety, or self-care.
Which court and which form start an adult guardianship in Utah?
A petition goes to the Utah district court in the county where the respondent lives or is present. The Utah Courts self-help page lists Form 1206XX, Petition to Appoint a Guardian for an Adult (Utah Code 75-5-303), revised July 7, 2025, with Form 1501GU for severe intellectual disability. Ask the court clerk, because the court's requirements control.
Does Utah require a doctor's report for an adult guardianship?
Utah Code 75-5-303(4) says the court may appoint a qualified health care provider to examine the person's functional capabilities and limitations. The appointment is discretionary, and the provider may not base the assessment solely or predominately on the proposed guardian's opinion. Petitioners often attach an evaluation by the person's own doctor on the court's Report on Clinical Evaluation form.
What rights does the person have in a Utah guardianship case?
Notice of hearing, with the petition and a rights list, is served personally on the person, spouse and parents if found in Utah. Unless the person has their own lawyer, the court appoints one, paid by the person unless the person and parents are indigent (narrow 75-5-303(6)(e) exception). The person may present evidence, cross-examine witnesses, and has a right to a jury.
Utah's functional incapacity test, mandatory lawyer, and jury right
Utah uses its own vocabulary. The adult is the "allegedly incapacitated person" or respondent, and once appointed is the ward; the district court appoints a guardian of an "incapacitated person" under Title 75, Chapter 5, Part 3, and a separate conservator manages the estate of a "protected person" under Part 4. "Incapacitated" is a functional test: an adult's ability to receive and evaluate information, make and communicate decisions, or provide for necessities is functionally impaired to the extent that the individual lacks the ability, even with appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care (75-1-201(25)). The court may appoint a guardian only if it finds, by clear and convincing evidence, that the person is incapacitated and that the appointment is necessary or desirable as a means of providing continuing care and supervision (75-5-304(1)). The court shall prefer a limited guardianship and may only grant a full guardianship if no other alternative exists, with a specific finding that nothing less than a full guardianship is adequate (75-5-304(2)(a)). The court may appoint a qualified health care provider to examine the person's functional capabilities and may appoint a court visitor. Unless the person has counsel of their own choice, the court shall appoint an attorney, and the cost is paid by the person unless the person and the person's parents are indigent (75-5-303(2)(b)); a narrow exception in 75-5-303(6)(e) applies only when every one of its conditions is met. The person must be present at the hearing, with a limited waiver, and has the right to trial by jury. Utah's Supported Decision-making Agreements part, effective May 7, 2025, lets a court consider informal supported decision-making as a less restrictive alternative.
Relevant Laws
Utah Code 75-1-201 and 75-5-304 (Incapacitated definition and appointment standard)
Defines "incapacitated" as a functional impairment test and sets the clear and convincing evidence findings required for appointment, including the preference for a limited guardianship.
Utah Code 75-5-303 (Petition and procedure for guardian of an incapacitated person)
Governs who may petition, the court-appointed attorney, health care provider and court visitor, and the hearing, including the right to trial by jury.
Utah Code 75-5-309 and 75-1-401 (Notice)
Requires personal service of notice on the allegedly incapacitated person and on the spouse and parents if they can be found in Utah, and notice to others at least 10 days before the hearing.
Utah Courts Guardianship of an Adult self-help page
Describes the procedure for appointing a guardian for an adult and lists the court forms, including Form 1206XX, Form 1501GU and the notice, attorney, visitor and evaluation forms.
Regional Variances
Utah adult guardianship requirements
Court
Utah district court, in the county where the respondent lives or is present (Utah Courts self-help page).
Terms used
Guardian of an "incapacitated person" (the respondent or ward), full or limited, under Title 75, Chapter 5, Part 3. A separate conservator manages the estate of a "protected person" under Part 4.
Petition form
Form 1206XX, Petition to Appoint a Guardian for an Adult (Utah Code 75-5-303), revised July 7, 2025. Form 1501GU for severe intellectual disability; Form 1400GU for a parent petitioning for an adult child. The court's requirements control, so ask the clerk.
Incapacity standard and proof
"Incapacitated" means an adult's ability to receive and evaluate information, make and communicate decisions, or provide for necessities is functionally impaired to the extent that the individual lacks the ability, even with appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care (75-1-201(25)). The court must find incapacity and that the appointment is necessary or desirable as a means of providing continuing care and supervision, by clear and convincing evidence (75-5-304(1)).
Medical or evaluator report
The court may appoint a qualified health care provider to examine functional capabilities, and may appoint a court visitor; both are discretionary. The provider may not base the assessment solely or predominately on the proposed guardian's opinion (75-5-303(4)-(5)). Petitioners often attach the person's own doctor's Report on Clinical Evaluation.
Notice and service
Notice of hearing is served personally on the allegedly incapacitated person and on the spouse and parents if they can be found in Utah (75-5-309). Others are notified by mail or personal delivery at least 10 days before the hearing (75-1-401). A waiver of notice by the person is ineffective unless the person attends or the waiver is confirmed in a visitor interview.
Right to counsel
Unless the person has counsel of their own choice, the court shall appoint an attorney, paid by the person unless the person and the person's parents are indigent (75-5-303(2)(b)). A narrow exception (75-5-303(6)(e)) applies only if the respondent is the petitioner's child, the estate is not over $20,000, the respondent appears in court, no volunteer-list attorney is available within 60 days, the court is satisfied counsel is unnecessary, and a court visitor reports.
Less restrictive alternatives
The court shall prefer a limited guardianship and may only grant a full guardianship if no other alternative exists (75-5-304(2)(a)). A court may consider informal supported decision-making as a less restrictive alternative (75-5-708).
Emergency guardian
Without notice, if the person has no guardian and an emergency exists, or an appointed guardian is not effectively performing duties and the welfare of the person requires immediate action: not to exceed 30 days pending notice and hearing, with a hearing within 14 days on an interested person's request (75-5-310).
Bond and reports
Conservator: bond with sureties unless the court dispenses with it for good cause (75-5-411); inventory within 90 days after appointment (75-5-418). Guardian: annual report; with no conservator, an estate over $50,000 excluding the residence requires a full accounting annually (75-5-312). The guardian's annual-report provisions and penalties do not apply if the guardian is the ward's parent (75-5-312(7)(d)).
Suggested Compliance Checklist
Weigh less restrictive alternatives
Before filing days after startingAsk whether a durable power of attorney, healthcare power of attorney, informal supported decision-making or a limited guardianship would meet the need. The court shall prefer a limited guardianship and may only grant a full guardianship if no other alternative exists.
Gather the evaluation evidence
Before or at filing days after startingAsk the person's doctor to complete the court's Report on Clinical Evaluation, or ask the court for an order to examine the respondent. The court may appoint a qualified health care provider, and that provider may not base the assessment solely or predominately on the proposed guardian's opinion.
File the right petition with the district court
At filing days after startingFile Form 1206XX, Petition to Appoint a Guardian for an Adult, or Form 1501GU (severe intellectual disability) or Form 1400GU (a parent petitioning for an adult child), with the companion forms the Utah Courts self-help page lists, in the district court of the county where the respondent lives or is present. Ask the clerk about filing fees and local requirements.
Serve notice and prepare for the hearing
After filing, before the hearing days after startingServe the notice of hearing personally on the person and on the spouse and parents if they can be found in Utah; notify others by mail or personal delivery at least 10 days before the hearing. Unless the person has counsel of their own choice, the court shall appoint an attorney, paid by the person unless the person and the person's parents are indigent, except in the narrow 75-5-303(6)(e) case where all of its conditions are met.
Calendar the annual report, inventory and bond
After appointment days after startingA guardian files an annual report on the ward's condition, residence and household, and the estate. With no conservator, an estate over $50,000 excluding the residence needs a full accounting annually. These report provisions do not apply if the guardian is the ward's parent. A conservator files an inventory within 90 days after appointment and generally furnishes a bond unless the court dispenses with it for good cause.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Weigh less restrictive alternatives | Ask whether a durable power of attorney, healthcare power of attorney, informal supported decision-making or a limited guardianship would meet the need. The court shall prefer a limited guardianship and may only grant a full guardianship if no other alternative exists. | durable-power-of-attorney | Before filing |
| Gather the evaluation evidence | Ask the person's doctor to complete the court's Report on Clinical Evaluation, or ask the court for an order to examine the respondent. The court may appoint a qualified health care provider, and that provider may not base the assessment solely or predominately on the proposed guardian's opinion. | - | Before or at filing |
| File the right petition with the district court | File Form 1206XX, Petition to Appoint a Guardian for an Adult, or Form 1501GU (severe intellectual disability) or Form 1400GU (a parent petitioning for an adult child), with the companion forms the Utah Courts self-help page lists, in the district court of the county where the respondent lives or is present. Ask the clerk about filing fees and local requirements. | - | At filing |
| Serve notice and prepare for the hearing | Serve the notice of hearing personally on the person and on the spouse and parents if they can be found in Utah; notify others by mail or personal delivery at least 10 days before the hearing. Unless the person has counsel of their own choice, the court shall appoint an attorney, paid by the person unless the person and the person's parents are indigent, except in the narrow 75-5-303(6)(e) case where all of its conditions are met. | - | After filing, before the hearing |
| Calendar the annual report, inventory and bond | A guardian files an annual report on the ward's condition, residence and household, and the estate. With no conservator, an estate over $50,000 excluding the residence needs a full accounting annually. These report provisions do not apply if the guardian is the ward's parent. A conservator files an inventory within 90 days after appointment and generally furnishes a bond unless the court dispenses with it for good cause. | - | After appointment |
Frequently Asked Questions
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