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Utah Guardianship Signature Program

What the Guardianship Signature Program Is

The Guardianship Signature Program (GSP) is operated by the Utah District Courts to connect unrepresented respondents in guardianship proceedings with volunteer attorneys. For families of young adults with disabilities who can't afford the $2,500-$5,000 that an uncontested guardianship petition typically costs with a private attorney, the GSP can connect the respondent with volunteer legal representation at no charge.

The program specifically serves respondents — the individuals who would be placed under guardianship — rather than the petitioners (usually parents). The attorney's role is to represent the respondent's interests in the proceeding, not to act as the petitioner's lawyer or provide the family with ongoing legal advice.

How It Works

When a guardianship petition is filed in Utah District Court and the respondent doesn't have an attorney, the court can refer the case to the GSP. A volunteer attorney is assigned to represent the respondent's interests. The attorney reviews the petition, meets with the respondent, and participates in the hearing.

The GSP is particularly relevant for families pursuing guardianship of an adult child with a disability during the transition years. Under Utah Code Section 75-5-317, parents can file a guardianship petition when their child reaches age 17 and six months, requesting that the guardianship order take effect on the child's 18th birthday. This prevents any gap in legal decision-making authority.

For young adults with severe intellectual disabilities, Senate Bill 199 (enacted in the 2025 legislative session) created a distinct, streamlined court pathway under Utah Code Sections 75-5-601 to 75-5-613. This pathway applies when the intellectual disability has existed since childhood and is documented by a licensed physician or psychologist. Under this statute, courts are directed to prefer full guardianship for this specific population.

What the Program Doesn't Cover

The GSP provides legal representation for the respondent in the guardianship hearing itself. It doesn't typically cover:

  • Drafting the guardianship petition (the petitioner — usually the parent — is responsible for filing)
  • Ongoing legal work after the guardianship is established
  • Annual reporting compliance
  • Modification or termination of the guardianship later

For the petition itself, the Utah Courts' Self-Help Center and OCAP (Online Court Assistance Program) provide fillable forms and instructions for families who are filing without their own attorney. The filing fee for guardianship of an adult disabled child is $35 under Subsection (1)(b)(vii) of the Utah court fee schedule — substantially lower than the standard probate filing fee.

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When to Consider Guardianship — and When Not To

Before pursuing guardianship, consider whether a less restrictive alternative would meet your young adult's needs. Utah law requires courts to prefer limited guardianship over full guardianship, preserving the individual's autonomy in every area where they can exercise their own judgment.

Supported Decision-Making Agreements, formally recognized under H.B. 334 (Utah Code §§ 75-5-701 to 75-5-709), allow the young adult to retain all decision-making authority while designating trusted supporters to help them understand information and communicate choices. A Power of Attorney can delegate specific authority for financial or medical decisions without court involvement. Representative payee arrangements through SSA handle benefit management.

Guardianship is appropriate when none of these alternatives adequately protects the individual — when the disability is severe enough that the person cannot make or communicate decisions even with support, and when critical health, safety, or financial decisions must be made on their behalf.

The Utah IEP Transition to Adulthood Guide includes a decision-making options worksheet that walks families through this analysis — comparing SDM, POA, representative payee, limited guardianship, and full guardianship side by side — before committing to a legal pathway that significantly changes your young adult's rights.

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