ity, State, Zip 

 
Name 

ddress 

hone 

mail 

  A

  C

  P

  E

In the District Court of Utah 

__________ Judicial District ________________ County 

Court Address ______________________________________________________ 

In the Matter of Protection for 

___________________________________, 
Respondent 

_______________________________ 
Case Number 

Findings of Fact and Conclusions of 
Law on Petition to Appoint a 
Guardian 

_______________________________ 
Judge 

The matter before the court is a petition to appoint a guardian for the respondent named 
above. This matter is being resolved by: (Choose all that apply.) 

[  ]  The stipulation of the parties. 

[  ]  The pleadings and other papers of the parties. 

[  ]  A hearing held on _______________________ (date), notice of which was served 

on all parties. 

Petitioner 

[  ]  was present. 

[  ]  was not present. 

[  ]  was not represented. 

Approved Board of District Court Judges 
September 12, 2012 / Revised by Forms 
Committee April 11, 2022  
 

[  ]  was represented by ________________________________________ (name). 

Findings of Fact and Conclusions of Law on Petition to 
Appoint a Guardian 

Page 1 of 7 

Respondent 

[  ]  was present. 

[  ]  was excused from attending. 

1. 

2. 

3. 

4. 

5. 

6. 

[  ]  was represented by ________________________________________ (name). 

Having considered the documents filed with the court, the evidence and the arguments, 
and now being fully informed, 

The court finds: 

The court has jurisdiction under Utah Code 75-1-302. 

The court has venue because the respondent resides or is present in this county. 

Service on all interested persons of a copy of the petition and notice of the time 
and place of the hearing has been made as required by law. 

The respondent is an adult, or will be an adult within the next six months. 

________________________________________________________________ 
(name of guardian(s)) is a competent person or persons or suitable institution to be 
the respondent’s guardian. 

The guardian(s) receive priority for appointment because they: (Choose all that 
apply.) 

[  ]  have been nominated by the respondent (Choose one.) 

[  ]  in a signed writing substantially conforming to the requirements of Utah 

Code 75-5-311. 

[  ]  by some means other than a signed writing substantially conforming to 

the requirements of Utah Code 75-5-311. 

[  ]  are the respondent’s spouse. 

[  ]  are the respondent’s adult child. 

[  ]  are the respondent’s parent. 

[  ]  are nominated by will or other writing signed by the respondent’s deceased 

[  ]  are nominated by will or other writing signed by the respondent’s deceased 

spouse. 

parent. 

[  ]  are the respondent’s relative(s) with whom the respondent has resided for 

more than six months before the filing of the petition. 

Findings of Fact and Conclusions of Law on Petition to 
Appoint a Guardian 

Page 2 of 7 

Approved Board of District Court Judges 
September 12, 2012 / Revised by Forms 
Committee April 11, 2022  
 

[  ]  have been nominated by ____________________________________ 

(name) who is caring for the respondent or paying benefits to the respondent. 

[  ]    is a specialized care professional who does not profit financially or 

otherwise from or receive compensation for acting as guardian, except for 
the direct costs of providing guardianship services, and does not otherwise 
have a conflict of interest in providing those services. 

[  ]  had a court order granting sole legal decision making authority over the 

respondent when respondent turned 17 years and six months old, and this 
petition is being filed within 2 years after the day the respondent turns 18.  

[  ]  are the respondent’s parents, or two people who share joint legal decision-

making authority over the respondent.  

[  ]    are ____________________________________________________ 

(describe relationship to the respondent) 

7. 

The court should appoint the guardian because: (Choose one.) 

[  ]  

the guardian is highest in priority established by statute. 

[  ]  There is good cause not to follow the statutory priority because: 

         

8. 

There is clear and convincing evidence that the respondent’s ability to: 

[  ]   receive and evaluate information; or 
[  ]   make and communicate decisions; or 
[  ]   provide for necessities such as food, shelter, clothing, health care, or safety 

is impaired to the extent that s/he lacks the ability, even with appropriate 
technological assistance, to meet the essential requirements for financial 
protection or physical health, safety, or self-care. 

9. 

The respondent has the following functional limitations, and a guardian is 
necessary or desirable as a means of providing the respondent with continuing 
care and supervision: 

Findings of Fact and Conclusions of Law on Petition to 
Appoint a Guardian 

Page 3 of 7 

Approved Board of District Court Judges 
September 12, 2012 / Revised by Forms 
Committee April 11, 2022  
 

     

The respondent requires a guardian with limited authority to: (Choose all that 
apply.) 

[  ]  make decisions about the respondent’s custody and residence; 

[  ]   make decisions about the respondent’s training and education; 

[  ]    provide for the respondent’s care, comfort, and maintenance; 

[  ]    take reasonable care of the respondent’s clothing, furniture, vehicles, 

and other personal effects; 

[  ]    commence protective proceedings if the respondent’s property needs 

protection; 

[  ]    give consent necessary to enable the respondent to receive medical or 

other professional care, counsel, treatment, or service, 

 

__________________________________ (name) 

 
should be notified if the respondent receives significant health care 
or treatment; 

[  ]    institute proceedings to compel a person to perform their duty to 

support the respondent; 

[  ]    receive money and tangible property deliverable to the respondent and 

apply the money and property for the respondent’s support, care, and 
education;  

[  ]    other (Describe additional authority that the guardian should have.) 

         

11. 

[  ]    Full guardianship.    __________________________________ (name) 
should be notified if the respondent receives significant health care or 
treatment; 

Approved Board of District Court Judges 
September 12, 2012 / Revised by Forms 
Committee April 11, 2022  
 

Findings of Fact and Conclusions of Law on Petition to 
Appoint a Guardian 

Page 4 of 7 

Choose paragraph 10 or 11, but not both. 

10. 

[  ]    Limited guardianship.  

     

The respondent requires a guardian with plenary or full authority because 
no alternative exists and nothing less than a full guardianship is adequate to 
provide the respondent with continuing care and supervision. 

12. 

[  ]    The report about the respondent written by a physician or psychologist 

satisfies the requirements of Utah Code 75-5-317.  

he court concludes: 

The respondent is an incapacitated person and a guardianship is necessary or 
desirable as a means of providing the respondent with continuing care and 
supervision. 

14. 

The respondent requires a guardian: (Choose one.) 

[  ]  with limited authority as provided in paragraph 10. 

[  ]  with plenary or full authority.  

15. 

________________________________________________________________ 
(name of guardian(s)) is a competent person or suitable institution to be the 
respondent’s guardian. 

16. 

[  ]  This order should be immediately effective upon the respondent's 18th  

 

birthday, which is ________________________ (date). 

udge’s signature may instead appear at the top of the first page of this document. 

Signature ► 

 

 

Judge 

  T

13. 

 

    J

           

 
Date 

Approved Board of District Court Judges 
September 12, 2012 / Revised by Forms 
Committee April 11, 2022  
 

Findings of Fact and Conclusions of Law on Petition to 
Appoint a Guardian 

Page 5 of 7 

Approved Board of District Court Judges 
September 12, 2012 / Revised by Forms 
Committee April 11, 2022  
 

Findings of Fact and Conclusions of Law on Petition to 
Appoint a Guardian 

Page 6 of 7 

Signature ► 

 

Petitioner or Attorney 

Signature ► 

Respondent or Attorney 

 

 

 

Approved as to form. 

Date 

 

 
Date 

 

     

 

 

 

Certificate of Service 

I certify that I filed with the court and am serving a copy of this Findings of Fact and Conclusions of Law 
on Petition to Appoint a Guardian on the following people. 

Person’s Name 

Service Method 

Service Address 

Service 
Date 

[  ]  Mail 
[  ]  Hand Delivery 
[  ]  E-filed 
[  ]  Email 
[  ]  Left at business (With person in charge 

or in receptacle for deliveries.) 

[  ]  Left at home (With person of suitable 

age and discretion residing there.) 

[  ]  Mail 
[  ]  Hand Delivery 
[  ]  E-filed 
[  ]  Email 
[  ]  Left at business (With person in charge 

or in receptacle for deliveries.) 

[  ]  Left at home (With person of suitable 

age and discretion residing there.) 

[  ]  Mail 
[  ]  Hand Delivery 
[  ]  E-filed 
[  ]  Email  
[  ]  Left at business (With person in charge 

or in receptacle for deliveries.) 

[  ]  Left at home (With person of suitable 

age and discretion residing there.) 

 

 

 

Signature ► 

Printed Name 

 

 

(Petitioner or Attorney) 

(Respondent or 
Attorney) 

 

 

 
Date 

   

Approved Board of District Court Judges 
September 12, 2012 / Revised by Forms 
Committee April 11, 2022  
 

Findings of Fact and Conclusions of Law on Petition to 
Appoint a Guardian 

Page 7 of 7