Utah Guardianship Filing Fee and Cost Breakdown

One of the first questions Utah families ask when considering guardianship for their adult child is how much it will cost. The answer ranges from under $100 to over $5,000, depending almost entirely on whether you hire an attorney or file on your own. Here's what each piece actually costs.

Court Filing Fees

Utah has a specific fee exception for parents that many families don't know about. Under Utah Code § 78A-2-301(1)(b)(vii), the filing fee for a petition to appoint a guardian for an adult child with a disability is $35 — but only if the petitioner is the biological or adoptive parent.

Compare that to the standard civil petition fee of $375. This reduced fee exists because the legislature recognized that parent-guardianship petitions are fundamentally different from adversarial legal proceedings. If you're not the parent filing, or if you're petitioning for guardianship of an unrelated adult, the standard fee applies.

In addition to the court filing fee, the Online Court Assistance Program (OCAP) charges a $20 document preparation fee at the time of filing. OCAP generates all the required court documents — the petition, acceptance of appointment, notice of hearing — formatted to comply with Utah court rules.

Fee Waivers

If your household income falls below state-designated limits, you can file a Motion to Waive Fees along with a detailed financial declaration. If the judge approves, the waiver can cover the filing fee, sheriff service fees, and court administrative costs. The motion form is available through the Utah Courts website or through OCAP.

Pro Se vs. Attorney Filing

Filing pro se (self-represented) is realistic for uncontested guardianship petitions, especially under the Adult Child Pathway. OCAP was specifically designed to help self-represented litigants prepare legally compliant documents. Combined with the $35 parent filing fee, the total out-of-pocket cost for a pro se filing is around $55-75 (filing fee + OCAP fee + process server costs for serving notice on the respondent).

You'll also need a clinical evaluation — a report from a licensed physician or clinical psychologist. If your child has a current psychoeducational evaluation through the school district, that can supplement a briefer medical letter. Some families obtain the doctor's letter through their child's existing provider, which may be covered by insurance; others pay out of pocket, typically $200-500 for a standalone evaluation.

Hiring an attorney typically involves a retainer of $1,500 to $5,000, depending on the complexity of the case and whether the petition is contested. For uncontested petitions with a cooperative family and clear clinical evidence, costs trend toward the lower end. Contested cases — where the young adult, another parent, or a relative objects — can run significantly higher.

The Guardianship Signature Program offers volunteer attorneys for respondents (the young adult) who cannot afford representation. But this program serves the respondent, not the petitioner. If no volunteer attorney is available within 60 days, the court can appoint a court visitor instead.

Ongoing Costs

After appointment, the ongoing financial burden depends on who is serving as guardian:

Parent-guardians benefit from significant reporting exemptions under UCJA Rule 6-501(2)(B). No initial inventory, no annual status reports, no annual financial accountings, and no final accounting. This effectively eliminates the ongoing administrative cost of the guardianship.

Non-parent guardians must file an initial inventory within 90 days and annual reports and accountings within 60 days of each anniversary. These reports can be prepared without an attorney, but families sometimes hire one for the annual accounting — an additional annual expense.

If a conservatorship is also established, the conservator may need to post a fiduciary bond, averaging about $50 per year for every $8,000 in managed assets.

Total Cost Summary

For a typical Utah parent filing an uncontested guardianship petition for their adult child:

• OCAP document preparation: $20
• Court filing fee (parent rate): $35
• Process server: $20-50
• Clinical evaluation: $0-500 (depending on insurance and existing records)
• Total estimate: $75-605

For families considering whether guardianship is the right path — or whether a Supported Decision-Making Agreement or power of attorney could meet their needs without any court costs — the Utah Adult Guardianship & Alternatives Guide walks through the cost comparison alongside the capability assessment.

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