Trustworthy Utah Lawyer Helps Create Suitable Guardianships for Disabled Adults
Bountiful attorney uses court-sanctioned means to protect incapacitated adults
Not all adults have the ability to manage their own affairs. When they lack the capacity to do so, they may need a guardian to make important decisions for them. Bountiful attorney Victoria Cramer compassionately helps her clients protect their loved ones in this position, using her legal knowledge and skills in this worthy cause. She also understands the importance of making sure the guardianship is necessary and choosing the right person for this role.
When is a guardianship appropriate?
Guardianships are designed to protect incapacitated adults. Incapacity is defined as the inability to meet your essential requirements for financial protection, health, safety or self-care, even with the help of technology, due to the impairment of a person’s ability to do the following:
- Receive and evaluate information
- Make and communicate decisions
- Provide for the necessities of life
In Utah, a judge decides the issue of incapacity. A doctor’s opinion can be evidence, but it’s not decisive. Ms. Cramer understands the legal requirements and what evidence is needed. If you are worried that your adult loved one is unable to care for themselves, she can give you informed advice on whether they need a guardianship.
How do court guardianship proceedings go?
The legal process begins when you file a petition for guardianship. The person you wish to protect, known as the respondent, may have the right to their own attorney. The court will hold a hearing to determine if a guardianship is appropriate, and you have the burden of proving incapacity. If the respondent or any other person with an interest in the proceeding objects, the court may require the parties to mediate the dispute and take evidence from both sides. If the court is satisfied, it will appoint a guardian, who must be at least 18 years old. Whether Ms. Cramer is petitioning or opposing the creation of an adult guardianship, she tries to negotiate a workable solution and, in the meantime, meticulously builds and presents a strong case for her client’s position. She can also petition to terminate the guardianship if your loved one recovers or transfer the guardianship to another state if necessary.
What is the guardian’s role?
Utah courts determine the scope of the guardian’s authority, and they prefer to restrict this authority to what the protected person actually needs. Even when the guardian has full authority, they are expected to take their ward’s preferences into consideration. The guardian also must file reports with the court and keep the protected person’s family regularly informed. Ms. Cramer can explain these powers and obligations in depth.
Contact a trustworthy Utah attorney to schedule a consultation on your guardianship matter
Victoria Cramer is familiar with the laws involving adult guardianships and is a knowledgeable attorney who responds to emails the same day and to telephone messages within 24 hours. Please call (801) 872-8633 or contact her Bountiful office online to schedule a consultation.