What About a Guardian for our Minor Child?

I presented a seminar at the Orem Public Library last night. The topic was wills, trusts, and other documents that make up a good estate plan. It was
not well attended, but the couple that did show up were interested in hearing what I had to say, so I was off and running with the presentation I had prepared.

I did a decent job. I say decent because I had worked through the presentation a number of times in my mind, and it went sooo much better there. In other words, my tongue got time one or more times. But all in all, I think it went well. I presented, they asked good questions, and I answered them. Then I presented some more. Finally, we arrived at the end, and I asked once more, “Any questions?”

And they asked the question that was really on their minds: “How do we appoint a guardian for their 2-year old son in case we both die?”

I was embarrassed that I hadn’t asked them at the beginning of the presentation, “What questions do you hope to get answered tonight?” I won’t make that mistake again.

That said, I think I answered their question satisfactorily. The next morning I followed up by e-mailing them a link to Utah Court’s website that discusses guardianship in detail, and I attached a good questionnaire they could use to assess who might work best as a guardian for their child.

In case you’re wondering, here’s the link to the Court’s site. If you’d like to have a copy of the questionnaire, e-mail me, and I’ll send you one.

For those wondering how to establish a guardianship for a minor, here’s what the Utah Court’s site says:

There are several ways to establish guardianship of a minor under Utah law. These include:

• Acceptance by the guardian of a testamentary appointment. The child’s parents can nominate a guardian in their will or other written document. The guardian must submit written acceptance with the probate court and provide notice to interested persons according to law.
• Appointment by a local school board.
• Appointment of a guardian in a child welfare proceeding in juvenile court.
• District court appointment. This is the most common court proceeding to obtain a guardianship of a minor. The laws governing guardians of minors in the district court are Utah Code sections 75-5-201 through 212.