Guardianship Appeals

When a guardianship decision affects your family or loved ones, and you believe the ruling was unjust or legally flawed, you have the right to appeal. Guardianship appeals are a way to request a higher court to review and potentially overturn a lower court’s decision. At Christensen Law, our experienced Utah attorneys are here to help you fight for the outcome you believe is right. 

What is a Guardianship Appeal?  

A guardianship appeal is a legal process where you challenge a court’s decision to grant, deny, or modify a guardianship. Appeals focus on factual errors regarding evidence at trial or misapplications of the law made by the lower court, rather than introducing new evidence. 

In Utah, these appeals can involve a variety of guardianship issues, such as: 

  • Denial of guardianship petitions. 
  • Decisions about who should be appointed as a guardian. 
  • Modifications to existing guardianship orders. 

 

Common Reasons for Guardianship Appeals  

You may have grounds to appeal a guardianship decision if: 

  • Improper Application of the Law: The court failed to follow Utah’s guardianship laws, such as evaluating the best interests of the protected person or properly considering all evidence. 
  • Improper Exclusion or Inclusion of Evidence: Relevant evidence, such as medical records or witness testimony, was improperly excluded or improper evidence was considered. 
  • Insufficient Evidence or Findings: The court’s decision was not supported by sufficient evidence or does not make sense given the facts. 
  • Conflicts of Interest: A guardian was appointed despite a conflict of interest that could harm the protected person.  

 

Contact Us for a Consultation 

If you believe a guardianship decision was unfair or legally flawed, don’t wait to act. Contact us today for a free consultation to discuss your case. Together, we can help you take the next step toward a resolution that protects the rights and well-being of those you care about. 

 

Resources

Utah State Courts: Guardianship and Conservatorship 

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