How Do I Name a Guardian for My Minor Children in Utah?

See how a parent names a guardian for their minor children in Utah, what weight the court gives your choice, and your options for temporary care.

Frequently Asked Questions

In Utah, a parent names a guardian for a minor child in a will or a separate signed writing (Utah Code §§ 75-5-202, 75-5-202.5, 75-5-203, 75-5-204). It needs your signature. You can record it alongside the rest of your estate plan when you create a revocable living trust.

When a parent has named a guardian, the court appoints the guardian the parent named unless it finds that person unsuitable (Utah Code §§ 75-5-202, 75-5-202.5, 75-5-203, 75-5-204).

Yes. Utah recognizes a separate signed declaration naming a guardian, so you do not need a full will. A will remains the standard place to do it.

Yes. Utah allows a Delegation of Powers by Parent (Power of Attorney) (Utah Code § 75-5-103): any adult can be authorized for a limited time (up to 6 months) without transferring custody.

In Utah, a child 14 or older may choose their guardian, subject to the court's approval (Utah Code § 75-5-206(2)).

Utah uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (Utah Code §§ 75-5-203, 75-5-206(1))

Utah Estate Planning Resources

In-depth guides covering Utah probate laws, trust requirements, and estate planning strategies.