Latest Case: In re G.J.P. (Family Law)

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In re G.J.P.

Citation: 2020 UT 4

Opinion Date: February 5, 2020

Judge: Pearce

Areas of Law: Family Law

The Supreme Court granted the Office of Public Guardian's (OPG) petition for extraordinary relief after the juvenile court appointed OPG as guardian ad litem for Mother in a parental rights proceeding, holding that the juvenile court went beyond the bounds of its discretion by appointing OPG in this matter. Before appointing OPG as Mother's guardian ad litem, the juvenile court noted that, under its reading of the Utah Code, OPG could petition or agree to represent Mother in termination proceedings. The juvenile court then ordered OPG to "represent" mother in the proceedings. OPG petitioned for extraordinary relief. The Supreme Court granted relief, holding (1) OPG can seek extraordinary relief because it lacked a plain, speedy, and adequate remedy to address its appointment; (2) the juvenile court has inherent authority to appoint a guardian ad litem for an adult; but (3) the juvenile court exceeded its discretion by appointing the OPG as guardian ad litem in this case.