How to File for Guardianship of a Minor in Utah

A Power of Attorney worked for the first few months, but now the parent isn't cooperating with renewals, the child needs mental health treatment that providers won't authorize under a POA, or you simply need permanent legal authority that doesn't expire every six months. Court guardianship is the next step — and in Utah, you can file without an attorney.

Here's how the process works, start to finish.

What Court Guardianship Gives You

A court-ordered guardianship under Utah Code Title 75, Chapter 5, Part 2 makes you the child's legal guardian. A judge signs the order, and every institution — schools, hospitals, insurance companies, government agencies — recognizes your authority. Unlike a POA, guardianship:

• Has no six-month expiration (lasts until the child turns 18 or the court modifies it)
• Covers all medical decisions, including mental health treatment and inpatient psychiatric care
• Allows you to enroll the child on your health insurance
• Cannot be revoked by the parent unilaterally (only the court can modify it)
• Gives you standing to make educational decisions, apply for benefits, and handle legal matters on the child's behalf

Guardianship does not terminate the parent's parental rights. The parent retains the right to petition the court to modify or end the guardianship. But day-to-day decision-making authority rests with you.

Step 1: Generate the Petition Through OCAP

Utah's Online Court Assistance Program (OCAP) is a free automated tool that generates the guardianship petition based on your answers to a series of questions. Go to ocap.utcourts.gov and select the guardianship pathway.

OCAP produces Form 1300GU — the Petition to Appoint a Guardian for a Minor Child. You'll be asked to provide:

• Your full legal name, address, and relationship to the child
• The child's full name, date of birth, and current living situation
• The names and last known addresses of both biological parents
• The reason guardianship is in the child's best interest
• Whether any other guardianship or custody proceedings are pending

OCAP generates the complete petition packet, including the petition itself, the proposed order, the notice of hearing, and the acceptance of appointment form. Print everything.

Step 2: File the Petition

Take the printed OCAP packet to the clerk's office at the Utah District Court in the county where the child currently lives (not where the parent lives, if different). The filing fee is approximately $360. If you cannot afford the fee, you can request a fee waiver by filing a Motion to Waive Fees (OCAP can generate this too) — the court grants waivers for petitioners whose income falls below 150% of the federal poverty level.

The clerk stamps your petition, assigns a case number, and schedules a hearing date. Hearings are typically set four to eight weeks after filing.

Step 3: Serve Notice on the Parents

Utah law requires that both biological parents receive formal notice of the guardianship petition. This is a due process requirement — parents have a constitutional right to know someone is asking a court to appoint a guardian for their child.

If you know where the parent lives: Personal service through a process server or the county sheriff's office. The server delivers the petition and notice of hearing directly to the parent. Cost is typically $30-$75.

If the parent cannot be located: After documenting your search efforts (checking last known addresses, contacting known family members, searching public records), you can ask the court for permission to serve by publication. This means publishing a notice in a newspaper in the last known area where the parent lived. If the parent doesn't respond within the court's deadline, the case proceeds without them.

If the parent is incarcerated: Service is made to the parent at their correctional facility through certified mail or through the facility's process service procedures.

Step 4: The Court Hearing

Guardianship hearings for minors are held in District Court before a judge (not a jury). If neither parent objects, the hearing is relatively brief — often 15 to 30 minutes. You'll be asked to:

• Confirm the facts in your petition
• Explain why guardianship serves the child's best interest
• Answer the judge's questions about the living arrangement, the child's needs, and your ability to provide care

If a parent objects, the hearing becomes contested. The judge hears both sides and may appoint a guardian ad litem (an attorney representing the child's interests) before making a decision. Contested hearings can take multiple court dates.

Can you do this without an attorney? Yes. Utah courts are set up to handle pro se (self-represented) guardianship petitions. OCAP generates the forms, the Self-Help Center answers procedural questions, and the judge is accustomed to hearing from non-lawyers in guardianship cases. That said, if the parent is actively contesting the petition or the case involves complex custody history, having an attorney significantly improves your chances.

Step 5: The Guardian's Appointment

If the court grants the petition, the judge signs an Order Appointing Guardian. You may also need to sign an Acceptance of Appointment, which is included in the OCAP packet. The signed order is your legal authority — get certified copies from the clerk (a few dollars per copy) to provide to:

• The child's school for enrollment and records access
• Healthcare providers for medical consent
• Insurance companies for dependent enrollment
• Government agencies for benefits applications

Costs Summary

Total for an uncontested pro se filing: roughly $400-$450.

Free Legal Help

If you qualify for income-based legal aid, Utah Legal Services (1-800-662-4245) handles kinship guardianship cases and can represent you at no cost. The Utah Courts Self-Help Center (801-578-3658) can answer procedural questions even if you don't qualify for full representation.

Before You File

Make sure court guardianship is actually what you need. If the parent is cooperative and the child's needs are limited to school and routine medical care, a Power of Attorney under § 75-5-103 may be sufficient and far simpler. Our Utah guardianship vs power of attorney comparison breaks down when each instrument fits.

For the full picture of consent authority — POA, school district designations, medical consent tiers, and when court guardianship becomes necessary — our School and Medical Consent guide for Utah covers every pathway in one place.

See more Utah guides →