How to File for Guardianship in Utah: Forms, Costs, and Court Steps

Before You File: Gather the Medical Evidence

No guardianship petition moves forward without a Report on Clinical Evaluation — Utah's version of a Certificate of Medical Examination (CME). A licensed physician or psychologist must evaluate your parent and document the specific diagnosis and functional limitations that prevent them from managing their own affairs. The evaluation must have been completed within the past six months.

This is the single document that makes or breaks your case. Without it, the court cannot determine that your parent lacks capacity. Schedule the evaluation before you start filling out court forms.

Step-by-Step Filing Process

1. Prepare your petition through OCAP or MyPaperwork. Utah's Online Court Assistance Program generates the correct court forms for your situation. You answer a series of questions, and the system produces a petition packet — including the Petition to Appoint a Guardian for an Adult and the Utah District Court Cover Sheet for Probate Actions. The OCAP preparation fee is $20.

2. File with the District Court. File in the county where your parent resides or is physically present. The standard probate filing fee is $375. If your household income qualifies, file a Motion to Waive Fees to eliminate or reduce this cost. For cases in Utah County, filings must go through the Provo Courthouse and can be submitted electronically to [email protected].

3. Request an attorney for your parent. Utah requires that the proposed ward have legal representation in guardianship proceedings — this is a constitutional protection, not optional. File a Request to Appoint an Attorney to Represent the Respondent if your parent does not already have counsel.

4. Serve all parties. Your parent must be served personally under Utah Rule of Civil Procedure 4 with copies of the petition and the Notice of Hearing, Rights, and Adverse Consequences. All interested persons — spouse, adult children, parents — must also be served. Those in Utah get personal service; others can receive standard paper service under Rule 5.

5. Complete the competency test. The proposed guardian must pass the online Petitioner Competency Test under Utah Rule of Judicial Administration 6-501. After passing, sign the Declaration of Completion of Testing and file it in the case record before the hearing date.

6. Secure a surety bond (if seeking conservatorship alongside guardianship). The bond must cover the total value of the parent's estate plus one year of estimated income, unless the judge waives it.

7. Attend the court hearing. If there are no objections, the judge signs the Order Appointing Guardian. You then obtain certified copies of the Letters of Guardianship — the document that proves your authority to banks, hospitals, and agencies.

Post-Appointment Requirements

The court does not simply hand over authority and walk away. Guardians have ongoing reporting obligations:

• 90 days after appointment: File an Inventory Report listing all of the protected person's assets.
• Annually (within 60 days of the appointment anniversary): File an Annual Status Report on the parent's health and living conditions. If the estate exceeds $50,000 (excluding the primary home), the conservator must also file a formal Annual Financial Accounting.

Missing these deadlines can trigger court sanctions or removal.

What the Whole Process Costs

At minimum, expect the $20 OCAP fee and $375 filing fee. If you hire an elder law attorney to handle the petition, flat-fee packages in Utah typically run $1,500 to $4,500 depending on complexity — contested cases with multiple objecting parties cost substantially more.

The financial argument for planning ahead is straightforward: a durable power of attorney and advance health care directive, executed while a parent still has capacity, eliminate the need for guardianship entirely. Those documents cost nothing to execute beyond a notary fee and require no court involvement.

The Utah Power of Attorney and Guardianship Kit covers both paths — proactive POA planning and the full guardianship filing process — so you can choose the right approach for where your family stands right now.

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