UT risk area
Guardianship risk in Utah
How courts appoint guardians for minors when no plan is in place.
Utah allows parents to appoint a guardian by will or written instrument, with the last parent to die's appointment having priority.
What happens to minor children immediately after a death?How does the court choose a guardian?How long can the guardianship process take?
At a glance
Key takeaways
- A parent may appoint a guardian of an unemancipated minor by will or written instrument.
- An appointment becomes effective upon filing acceptance if both parents are dead or the surviving parent is adjudged incapacitated.
- If both parents are dead, the appointment by the parent who died later has priority.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
Questions to consider
Questions this risk area helps you evaluate in Utah
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
Utah allows parents to appoint a guardian by will or written instrument, with the last parent to die's appointment having priority.
- A parent may appoint a guardian of an unemancipated minor by will or written instrument.
- An appointment becomes effective upon filing acceptance if both parents are dead or the surviving parent is adjudged incapacitated.
- If both parents are dead, the appointment by the parent who died later has priority.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
Sources
Risk sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in Utah.