Older person signing document

Conservatorship Attorney

Is your loved one unable to take care of themselves? A trusted family member or other adult can be put in charge of their assets. 

Our conservatorship attorneys can help you gain the authority to manage your incapacitated loved one’s property and finances.

Let Froerer & Miles in Ogden, UT, help you protect the assets your loved one worked so hard to secure.

What Is Conservatorship?

Younger woman hugging older woman

In the state of Utah, conservatorship is a legal arrangement in which a judge appoints a responsible adult to care for another adult who cannot fully manage their affairs and finances. Some legal terms you should know pertaining to conservatorship are:

Power of attorney: Power of attorney can be appointed by the individual to another loved one to assist in their physical welfare and financial matters.

Conservatorship: A legal status designating someone, typically a family member, to manage the financial affairs of an incapacitated individual. This position is court-appointed in a full, limited, or temporary capacity.

Guardianship: A legal status designating someone to manage the everyday decisions and care, in addition to financial affairs, of an adult or minor. 

While an able individual can grant a trusted loved one power of attorney, it may be impossible for some individuals to make that choice. If your loved one is unable to manage his or her own best interests, and you want to become legally responsible for these matters, an attorney can help you become a conservator or guardian instead.

Before turning to conservatorship or guardianship, there are less restrictive ways to assist those who may need help managing their affairs, like wills, trusts, and other estate planning services. Our lawyers can help you determine which course of action is best for your situation.

The Basics of Conservatorship

Conservatorship can be appointed when a person is unable to manage his or her affairs properly due to factors like:

  • Mental illness
  • Physical illness
  • Disability
  • Old age
  • Confinement
  • Chronic use of drugs

When an individual becomes incapacitated, conservatorship can be appointed to a trusted loved one to help them manage assets like:

  • Bank accounts
  • Investments
  • Real estate and land
  • Livestock
  • Businesses
  • Vehicles

The Duties of a Conservator

Being a conservator may require a significant amount of time, sensitivity, and patience when making difficult decisions on behalf of an individual. Because you are responsible for another person's assets and potentially their well-being, you must:

  • Understand the powers specified in the court order
  • Keep accurate records of all financial transactions 
  • Understand the wishes, preferences, and abilities of the conservatee
  • Provide the medical, environmental, and personal needs the conservatee requires
  • Follow all court orders, update the court annually on the decisions being made, and notify the court of any change of residence
Younger man helping older man with paperwork

Protect Your Loved One's Best Interests Contact Our Attorneys to File for Conservatorship

Don't let someone take advantage of everything your loved one has worked for—put yourself in a place where you can protect it. The conservatorship attorneys at Froerer & Miles can help you:

  • Determine if guardianship or conservatorship is needed
  • Determine which decisions you should make for your loved one
  • Navigate the legal process of becoming a guardian or conservator

The conservatorship attorneys at our Ogden, UT, law firm are standing by to help you get the process started. Reach out to us today.

(801) 621-2690

Ogden Residents Trust Us With Their Probate Cases

"Just want to throw a big thanks to Bryce and Matthew for all their hard work and time they took during a probate case a year ago. As everyone knows probate cases are very emotional at least it was for me, they not only responded so quick every time I reached out and when I mean quick I’m talking about same day response, I’m which helped me feel more better about the case process. They have a high professionalism in what they do." Josh Shaw

Becoming a Conservator How the Process Works in Utah

The process of becoming a conservator can vary from court to court and case by case. However, this charge requires considerable compassion and competence, resulting in a relatively stringent application process that may involve:
Froerer & Miles will support you throughout the process. Our attorneys are dedicated to improving the lives of our clients and the community in which we live and work.
Froerer & Miles will support you throughout the process. Our attorneys are dedicated to improving the lives of our clients and the community in which we live and work.

Filing Paperwork

You must first file a conservatorship petition and present a list of reasons why a conservator is necessary for your loved one. Evidence supporting conservatorship, such as a medical diagnosis, is also necessary. Any adult interested in the affairs of the incapacitated adult can file and become their conservator. They can also file for someone else to become the conservator.

Notifying the Respondent

You must serve notice of the hearing to the respondent and the respondent's spouse. If they have no spouse, you must serve their parents. You must also serve all interested parties. Proof of service must then be filed with the probate court.

Attending a Hearing

Once your petition has been filed with the probate court in the county where your loved one resides, a hearing will be set before the judge to review your petition. If no one objects to your conservatorship and the loved one is deemed incapacitated, you can be granted a letter of conservatorship. If someone objects, mediation may be required before the hearing.

Completing a Pre-Appointment Test

Anyone who is not a professional guardian or a parent appointed as guardian of their adult child must complete a pre-appointment test about their responsibilities and authority. The certificate of completion must then be filed with the probate court. 

Becoming a conservator isn't easy, but Froerer & Miles can tell you what to expect and help you navigate the process. Before anything else, get one of our Ogden, UT, lawyers on your side.

Our Ogden, UT, Lawyers Earn High Praise

"When Judge Hall recommended that we seek legal representation for my mother's estate; we started our search to find an attorney to represent us (my brother and I). We worked with Matt and Kelly Miles to resolve issues with my mother's estate, trusts', etc. Matt and Kelly were up front on what the laws were, what could happen, etc. They listened to what we had to say, what our concerns were, they reviewed documents that we had, they did research, getting us thru several mediation sessions. We got things resolved." Julie Hoffman
froerer and miles logo

Froerer & Miles

The attorneys at Froerer & Miles have successfully represented clients in a wide range of practice areas since 1959. Our team of attorneys can protect your best interests in matters related to:

  • Family Law
  • Estate law
  • Real Estate Disputes
  • Business Law
  • Personal Injury
  • Litigation

We offer free consultations and provide honest feedback to potential clients regarding their cases. To request your free consultation, contact us online or call us at (801) 621-2690.

Contact Us Today

Rate, Review & Explore

Social Accounts Sprite