Guardianships

South Jordan Guardianships Attorney

There are times when an adult becomes unable to manage their affairs. Or there are cases when children who have a mental or physical disability need continued assistance even after they reach the age of adulthood. The help people in these situations need requires legal authority to execute. That authority can come in the form of guardianships.

RCG Law Group gives all our clients personalized attention and understands that every family faces its own unique set of legal concerns.

Our South Jordan guardianship lawyer has been practicing family law for over 13 years. Call us today at (801) 396-9656 or reach out here online to set up a free consultation. RCG Law Group also serves clients throughout West Jordan, Draper, Sandy, and surrounding areas.

Meet Ryan Gregerson
Learn More
Book A Consultation
Click Here

How Guardianships Work

A guardianship essentially authorizes the guardian to act as though they are the person whose care has been entrusted to them. A prime example comes in the management of financial affairs. The person legally authorized as the guardian is able to write checks, withdraw funds, and execute stock transactions in someone else’s name. The guardian may have authority over medical decisions, including end-of-life issues.

Different people require different levels of care. The state of Utah recognizes this by having two separate means of guardianship. In the case of full guardianship, the designated guardian has broad authority to act in most any area on behalf of the person they are caring for. There are also limited guardianships, which tighten the scope of authority.

An example of how the two types of guardianship might illustrated by looking at one case that involves an Alzheimer’s patient, and other who is dealing with a serious, long-term physical disability. The Alzheimer’s patient quite likely requires full guardianship.

The person with the physical disability may need someone to execute their financial affairs for them, as this might involve taking in-person trips to banks and other financial institutions. But this person is fully capable of making their own medical decisions. A limited guardianship can address this situation. This may also be referred to as a conservatorship, which, by its nature, is more limited than the broad powers granted to a guardian, and focuses on financial authority.

It is important to note that the legal powers entrusted to a guardian are essentially the same as those given to a power of attorney. It’s possible that a person may ,while in full possession of their mental faculties, have already made a decision on who they want to have authority in legal, medical, and financial matters if necessary. In these cases, who becomes the guardian has been settled in advance.

Put Attorney Ryan Gregerson and his 13-plus years of experience in your corner by calling (801) 396-9656 or by filling out our online contact form today.

Continue Reading Read Less

Awards & Associations

The Process of Becoming a Guardian

In order to gain guardianship authority, a petition must be brought before a judge by our South Jordan guardianships attorney. This process will be necessary even if power of attorney decisions have already been made. The reason is that it still must be determined if the adult whose care is being discusses has truly reached the level of incapacitation. Establishing this requires bringing a doctor’s evaluation into court. If one is seeking guardianship authority over a minor about to turn 18, the written evaluation may need to come from a school psychologist, physician, or other professional who can credibly assess the child’s needs going forward.

Petitioners should be aware that the process of gaining court approval can take at least 3 months, so acting sooner rather than later can be beneficial. Above all, though, petitioners must know that the authority they seek comes with serious legal responsibilities. Guardians have a fiduciary duty to act in the best interests of the person they represent. If an outside party—for example, a sibling who may disagree with how a parent is being cared for—believes this duty is not being met, the guardian can be held liable in civil court.

Leadership & Counsel From a South Jordan Guardianships Attorney

RCG Law Group knows that the situations which trigger guardianship discussions are sensitive, and can be difficult to talk about. Attorney Ryan Gregerson also knows that what people need from their lawyer is compassionate leadership. They need to know that their lawyer has a deep understanding of the law, procedure, and understands how to work a petition through the court system. Clients find what they are looking for at RCG Law Group.

Call today at (801) 396-9656 or contact us online to set up a free consultation.

Free Consultations Available

Contact Us Today

Whether you have questions or you’re ready to get started, our legal team is ready to help. Complete our form below or call us at (801) 396-9656.

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Type of Case
Please make a selection.
Full Name of Opposing Party
Please enter your Full Name of Opposing Party.
Are you a new client?
Please make a selection.
How May We Be Of Service
Please enter a message.