Utah Conservatorship vs Guardianship for an Elderly Parent
Two Distinct Legal Authorities
Utah law separates authority over a person into two roles, and mixing them up causes real problems during Medicaid planning.
A guardian has authority over personal and medical decisions — choosing where the protected person lives, consenting to medical treatments, and arranging care services. A conservator has authority over financial and property decisions — managing bank accounts, paying bills, filing tax returns, and executing asset transactions like spend-downs.
You can have one person serve both roles, or split them between different family members. If someone else must manage the parent's financial affairs for a Medicaid application, conservatorship authority may be needed because the process can require managing financial accounts, completing asset restructuring, and submitting applications through the DWS myCase portal — actions the guardian role alone doesn't cover.
When Court Appointment Is Unavoidable
If your parent still has mental capacity, they can sign a Durable Power of Attorney (POA) and an Advance Health Care Directive. Those documents accomplish most of what guardianship and conservatorship provide, without court involvement.
Court-appointed guardianship or conservatorship becomes necessary when the parent has already lost capacity and never executed a POA. By that point, no one may have financial authority under a POA — banks may not release account information, and DWS may not accept application signatures from a child without legal standing. An advance health care directive may still address medical decisions.
The court process in Utah involves filing a petition with the District Court, paying the applicable filing fee, serving notice to the proposed protected person and all interested parties (spouse, adult children, heirs), having the court appoint an investigator to interview the proposed protected person, attending a hearing where a judge reviews the evidence, and obtaining a formal order of appointment.
The process can take time. That delay matters when your parent is in a nursing home at $7,600 per month and financial steps are waiting on legal authority to access their finances.
Supported Decision-Making: The Alternative to Full Guardianship
Effective May 7, 2025, Utah formally recognizes Supported Decision-Making Agreements (SDMAs) under H.B. 334. An SDMA lets a person with a disability designate supporters who help them gather information and evaluate options — without giving up the right to make their own decisions.
An SDMA is appropriate when your parent has some cognitive limitations but can still understand and communicate their wishes with assistance. A supporter can attend medical appointments, help review financial statements, and participate in conversations with DWS caseworkers. But the supporter cannot sign documents, access accounts, or make decisions on the parent's behalf. For that, you still need a POA or court appointment.
SDMAs are signed before a notary or two witnesses and must be genuinely voluntary. Under Utah Code Section 75-5-709, healthcare providers and financial institutions that rely on an SDMA in good faith are protected from liability.
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Ongoing Court Obligations
Court-appointed guardians and conservators face significant reporting requirements that POA agents do not. A conservator must file an Initial Inventory Report (Form GC06) within 90 days listing all assets at their value on the appointment date. Annual Status Reports from the guardian are due within 60 days of each anniversary. Annual Financial Accountings (Form GC07) from the conservator are also due — and for estates over $50,000 (excluding the primary home), a Full Accounting with complete financial records is required.
Under H.B. 334, guardians must now also send copies of all status and financial reports directly to the protected person and notify interested persons within three days if the individual is hospitalized for three or more days or admitted to hospice.
These are court-required reports, so treat the filing deadlines as mandatory.
The Bottom Line for Medicaid Planning
If your parent still has capacity — even diminished capacity — get a Durable Power of Attorney and Health Care Directive now. These documents cost a fraction of what guardianship costs and can be executed in days rather than months.
If capacity is already gone, petition promptly for conservatorship (and guardianship if medical authority is also needed). The court process may delay the financial steps of the Medicaid application.
Our Utah Medicaid Long-Term Care & Asset Protection Guide walks through the legal authority requirements for each stage of the application process, so you know exactly which documents you need before you start.
Get Your Free Utah — Medicaid Long-Term Care Eligibility Checklist
Download the Utah — Medicaid Long-Term Care Eligibility Checklist — a printable guide with checklists, scripts, and action plans you can start using today.