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Category Archives: Guardianship/Conservatorship

Disability and right to counsel

In Summer of 2017 the ACLU of Utah filed a case asking the court to issue a ruling that anyone who is a respondent to legal guardianship proceedings should be entitled to representation.  The lawsuit challenged the 2016 Utah law eliminating the need for counsel under some circumstances.  The case is ongoing and I will… Read More »

Guardianship/Conservatorship

The guardianship section needs to talk about guardianships for adults and guardianship for minor children. These are two different processes in Utah. The drafters need to review and describe procedures set in Utah Code Ann. §75-5-303 (as amended) specifically, provisions when an attorney or a court visitor needs to be appointed for an incapacitated person;… Read More »