Abstract
Guardianship is a legal -relationship in which guardians become substitute decisionmakers for wards who are unable to care for themselves. Although the state has a significant interest in protecting its incapacitated citizens, imposition of a guardianship directly limits the ward's basic rights of liberty and autonomy. Thus, the power to impose guardianships must be employed cautiously, and proceedings for determining whether an individual requires a guardian must conform with due process requirements. The Utah Supreme Court, in the recent case of In re Boyer, construed Utah's adult guardianship statute in a manner that significantly enhances the statute's due process protections and limits the circumstances in which guardianships may be imposed. Under the standards announced in Boyer, guardianships may be imposed only when it is shown by clear and convincing evidence that the proposed ward's health or safety is endangered. Furthermore, the guardian's powers must be limited to those necessary to protect the ward's health and safety.
Recommended Citation
Ratclif, Anita Friend
(1982)
"In re Boyer: Guardianship of Incapacitated Adults
in Utah,"
Utah Law Review: Vol. 1982:
No.
2, Article 7.
Available at:
https://dc.law.utah.edu/ulr/vol1982/iss2/7