It can be one of the most difficult events in one’s life; having to tell your elderly mom, dad, or other close loved one that they need more help and care. It isn’t just hard for the elder who can no longer manage their finances or physical care by themselves – it can be even harder on the caretaker who is accepting this huge responsibility.
Guardianship's are typically set up when an adult is considered “incapacitated” in some manner. Persons are deemed incapacitated when they have trouble making decisions related to their everyday well-being. Under Utah Code Section 75-1-201 this means that the adult cannot process information correctly, cannot communicate his or her needs and is unable to fulfill basic necessities. If the inability to act significantly affects a person’s safety or health, the court may decide to appoint a guardian.
In general, many parents face similar situations in life. One of these situations involves having to leave a child at home unattended. At some point, parents become overwhelmed with work, school or everyday errands. The hectic schedules in most households make it difficult to have an adult at home every second of the day.
As we age, we experience a decline in our cognitive functions. For some, this can result in a significantly decreased ability to manage one's own personal affairs. Clearly, as a society, we want our elderly population to remain protected and cared for. This is why the law allows for conservatorships. This legal relationship plays an important role in the area of end of life law. See why it may be necessary to consider a conservatorship for one of your family members in their time of need.
If your loved one is an adult, or soon to become an adult, but your loved one cannot make decisions or care for themselves, they may benefit from your court-appointed guardianship or conservatorship in Utah. When you are appointed as a guardian for your loved one, you may act in their best interests and/or as a conservator for their estate.
Divorce is often difficult for spouses, children, and extended family members. Custody concerns are often paramount. Getting answers to questions like "Who will have custody of our children?" can be difficult for parents. In Utah, there aren't laws or rules about which parent gets child custody.