Family Evicted From Homes After Guardianship Petition Raises Concerns in Utah
A Utah family is grappling with the fallout of a guardianship arrangement that led to their eviction from properties owned by a family patriarch, raising questions about the balance between protecting vulnerable adults and respecting family rights. The case, centered in Price and Helper, Utah, highlights a growing concern over the potential for abuse within the guardianship system.
Rhett Rhodes discovered an eviction notice on his grandfather’s home in February. Rhodes, his wife, and their two children had been residing at the property since 2022, while his grandfather, James Myers, received treatment for chronic obstructive pulmonary disease (COPD) at a rehabilitation center. A similar fate befell Rhodes’ aunt and her family, who were evicted from a separate home in Helper also owned by Myers.
The evictions were carried out by Kristin Katie Woods, owner of Owl Guardianship and Elder Care Services, LLC. Prior to the notices, Owl had petitioned a court to become Myers’ legal guardian. While guardianships are intended to safeguard individuals in need, the case has sparked outrage among family members who allege a lack of transparency and control over the process.
“It wasn’t until not too long ago that I found out that they took complete… control, custody of my father,” explained Sherry Jackman, Myers’ daughter, who initially believed Owl would only manage her father’s finances. She was unaware the guardianship would extend to medical decisions and the sale of real estate.
Understanding Guardianship and Its Implications
According to Nate Crippes of the Disability Law Center, who has advocated for reforms to Utah’s guardianship laws, “Guardianship, I think, stems from the idea that when people become incapacitated they need somebody to, essentially, make decisions for them.” However, Crippes cautioned that “a full guardianship means you have control over everything in a person’s life.”
The situation unfolded after Owl secured guardianship over Myers. Woods testified in a September court hearing that the evictions were necessary to settle a $343,320 lien filed by the rehabilitation center. She stated that an attorney was instructed to evict family members to facilitate the sale of the properties, with the proceeds earmarked to cover the debt.
Rhodes and Jackman claim they were never consulted about alternative solutions. “I would have worked with Owl someway, yes, yes, I would have,” Jackman stated, “if they would have gave us that opportunity.” Both homes have since been sold, with workers observed remodeling the property in Price.
The Voice of the Vulnerable Adult
What did James Myers, the 79-year-old homeowner, want? When asked directly, Myers unequivocally stated, “No, no,” when questioned about whether he desired the evictions. He recounted being informed by Owl that the sale of his homes was unavoidable due to the substantial debt.
Utah law enshrines the rights of individuals under guardianship, granting them the right to “participate in developing an individualized plan,” including decisions regarding their “assets and property.” While the guardian ultimately holds the decision-making power, Crippes emphasized the importance of collaboration: “you should work with the individual.”
Despite the upheaval, Myers described the guardianship as “pretty well” for him personally, but acknowledged the devastating impact on his family. Eight people were displaced by the evictions, and Myers expressed concern about his future living situation should his health improve. “I mean, if I ever were to get good, (I) don’t even have a place to go live,” he said. Rhodes is currently living in a camper on his father’s property.
Owl Guardianship Responds
After initially agreeing to an interview, Woods declined to speak with FOX 13 News. However, she provided an audio recording from a court hearing in St. George where 5th District Judge Jay Winward praised her work, stating, “There’s some companies up north that are not… ethical as you are, and (I) appreciate your work.”
In a written statement, Owl Guardianship and Elder Care Services, LLC, described itself as a “family-owned business” that intervenes on behalf of “disabled adults in distress.” The statement affirmed the company’s commitment to compliance with legal and ethical standards, acknowledging that prioritizing the “care and safety of the vulnerable adult” can sometimes conflict with the wishes of family members. All legal processes, the statement concluded, are handled through the court system.
The case raises critical questions about the oversight and accountability within the guardianship system, and the need to ensure the voices of both vulnerable adults and their families are heard. Further details regarding the outstanding debt owed by Myers and the distribution of funds are expected to be revealed in upcoming court filings.
