Utah Conservatorship Process: How to File and What It Costs

What a Conservator Actually Controls

A conservator in Utah manages the parent's estate and financial assets — bank accounts, real property, investments, retirement distributions, and tax filings. The conservator has a fiduciary duty to preserve, invest, and use the estate for the parent's ongoing care and support.

This is different from guardianship, which controls the parent's person — medical decisions, living arrangements, and daily care. Many families petition for both simultaneously, but they are legally separate appointments with different ongoing requirements.

The Filing Process

Conservatorship follows the same court framework as guardianship. File the Petition to Appoint a Conservator for an Adult and the District Court Cover Sheet for Probate Actions in the District Court of the county where the parent resides. The $375 filing fee applies. OCAP generates the correct forms for $20.

The same service requirements apply: personal service on the parent under Rule 4, service on all interested persons, and mandatory legal representation for the respondent.

The proposed conservator must pass the Rule 6-501 competency test before the hearing — this is the same online test required for guardian applicants.

The Surety Bond Requirement

Here is where conservatorship adds a cost that guardianship alone does not. The court typically requires a fiduciary surety bond covering the total value of the parent's estate plus one year of estimated income. The bond protects the parent's assets against mismanagement or theft.

Bond premiums vary by the estate's size and the conservator's credit; ask the surety provider for a quote based on the bond amount.

The judge can waive the bond requirement in limited circumstances, but waiver is not automatic and requires a specific showing that the bond is unnecessary.

Post-Appointment Reporting

90-day Inventory Report: Within 90 days of appointment, file a detailed inventory of every asset the parent owns — bank balances, brokerage accounts, real property, vehicles, personal property of significant value.

Annual Financial Accounting: If the estate exceeds $50,000 (excluding the primary residence), the conservator must file a formal annual accounting showing all income received, expenses paid, and distributions made. This is a detailed financial report, not a summary — courts expect line-item documentation.

Annual Status Report: Filed jointly with the guardianship status report if both appointments were granted.

Missing these deadlines is not a minor oversight. The court can remove a conservator who fails to file, and the surety on the bond may be called upon to make the protected person whole if assets are mismanaged during a lapse in oversight.

When a Financial POA Is the Better Path

Conservatorship exists for situations where a parent has lost capacity and never executed a durable financial power of attorney. If your parent can still understand that they are appointing you to manage their finances, a financial POA under Title 75A, Chapter 2 accomplishes the same practical result — access to bank accounts, authority to pay bills, ability to apply for benefits — without court involvement, bonding costs, or annual reporting obligations.

The Utah Power of Attorney and Guardianship Kit walks through both approaches, including the specific "hot powers" your parent should initial on the statutory form to give you authority over trust creation, asset transfers, and beneficiary changes — the provisions most critical for Medicaid planning.

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