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UTAH: Thinking About Adult Guardianship?. Presentation by Donna L. Russell, MS SSW NMG Salt Lake Community College Center for Innovation July 21, 2014. Welcome & Introduction. Our Starting Point Common Decision Mileposts Adult Guardianship & Conservatorship Key Resources.

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Utah thinking about adult guardianship

UTAH: Thinking About Adult Guardianship?

Presentation by

Donna L. Russell, MS SSW NMG

Salt Lake Community College

Center for Innovation

July 21, 2014


Welcome introduction
Welcome & Introduction

  • Our Starting Point

  • Common Decision Mileposts

  • Adult Guardianship & Conservatorship

  • Key Resources


Our starting point
Our Starting Point

  • Wading Into the Process

    • Terms

    • Misconceptions

    • Benefits

    • Family guardians

    • Professional guardians

    • There are helpful resources


First steps least to most
First Steps – Least to Most

  • Plan Ahead

    Now – You and I

    Our family members

    Talk

    Learn about pre-guardianship & conservatorship options


Decision mileposts
Decision Mileposts

  • When is it time to step in?

  • Who steps in?

  • How?

  • Less restrictive options to guardianship:

    • A pre-arranged plan

    • Supportive services

    • Durable Power of Attorney

    • Trust

    • Advance Health Care Directive


Less restrictive options
Less Restrictive Options

  • A pre-arranged plan

  • Supportive services

  • Representative Payee

  • Durable Power of Attorney

  • Trust

  • Advance Health Care Directive


Legal guardianship
Legal Guardianship

  • Of the options described, only the appointment of a guardian or conservator necessarily requires a judge's approval. This option is listed last because the appointment of a guardian or conservator removes the right of a person to make his or her own decisions. It should be pursued only after considering other, less restrictive options. (Utah Courts Self Help Website)


A protected person
A Protected Person

  • To appoint a guardian, the protected person must be incapacitated. "Incapacity" means that an adult's ability to:

  • receive and evaluate information;

  • make and communicate decisions; or

  • provide for necessities such as food, shelter, clothing, health care, or safety.

  • so impaired that the person lacks the ability, even with appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care. Incapacity is a judicial determination, and is measured by the person's functional limitations. Utah Code Section 75-1-201 .


  • Is so impaired that the person lacks the ability, even with appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care. Incapacity is a judicial determination, and is measured by the person's functional limitations. Utah Code Section 75-1-201 . (Utah Courts)


Role of guardian
Role of Guardian appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care. Incapacity is a judicial determination, and is measured by the person's functional limitations. Utah Code 

  • A guardian is a person or institution appointed by a court to make decisions about the personal well-being — residence, health care, nutrition, education, personal care, etc. — of an incapacitated adult, who is called a "protected person." A conservatoris a person or institution appointed by the court to make decisions about a protected person's estate.

    (UT Courts Web Site)


Some misconceptions
Some Misconceptions appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care. Incapacity is a judicial determination, and is measured by the person's functional limitations. Utah Code 

A Guardian/Conservator:

Does not become responsible for their Ward’s debts;

Is not held responsible for their Ward’s criminal behaviors unless the Guardian/Conservator is found negligent in a court of law;

Has to have the Ward live in their home;

Is able to use the Ward’s income/assets for the benefit of other.

A Guardian/Conservator’s authority ends on the date of the Ward’s death.


Family guardian
Family Guardian appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care. Incapacity is a judicial determination, and is measured by the person's functional limitations. Utah Code 

  • The majority of guardian’s in Utah are family members of protected person.


Conservatorship
Conservatorship appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care. Incapacity is a judicial determination, and is measured by the person's functional limitations. Utah Code 

  • A person does not have to be incapacitated to appoint a conservator. A conservator may be appointed if a person is unable to manage his or her property effectively and a conservator is needed:

  • to prevent the protected person's property from being harmed; or

  • to obtain or provide funds for the support of the protected person or the protected person's dependents. Utah Code Section 75-5-401 . (Utah Courts)


On going responsibilities
On-going Responsibilities appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care. Incapacity is a judicial determination, and is measured by the person's functional limitations. Utah Code 

  • Responsibilities of Guardian & Conservator

    • Submission of Annual Report to Court

    • Make decisions in best interest or with substituted judgment for protected person

    • Be the decision maker and advocate


Resource information
Resource Information appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care. Incapacity is a judicial determination, and is measured by the person's functional limitations. Utah Code 

  • Utah Courts Self Help Center

    • utcourts.gov/howto/family/gc/

    • Video: Guardianship of an Adult

    • Topics include who can be a guardian, why you might want a guardianship, the difference between a guardianship and conservatorship, the rights and responsibilities of a guardian, how to request a guardianship appointment, and how to terminate a guardianship appointment.

  • This is available on Utah State Courts' YouTube channel and DVD.


Disability law center of utah
Disability Law Center of Utah appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care. Incapacity is a judicial determination, and is measured by the person's functional limitations. Utah Code 

  • Guardianship-Factsheet

    disabilitylawcenter.org

    801 363 1347


Guardian conservator companies
Guardian & Conservator Companies appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care. Incapacity is a judicial determination, and is measured by the person's functional limitations. Utah Code 

  • Private guardian and conservator companies operate in Utah and other states and provide services to those who can pay.

  • IMPORTANT – National Guardian Certification

    www.guardianship.org

    National Guardianship Association


Office of public guardian
Office of Public Guardian appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care. Incapacity is a judicial determination, and is measured by the person's functional limitations. Utah Code 

  • Department of Human Services

    Office of Public Guardian

    801 538 8255

    opg.utah.gov

    Provides Information and Referral, pre-guardianship assessment, court appointed on-going guardianship and conservatorship case management when no other appropriate family or adult available.


Adult protective services
Adult Protective Services appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care. Incapacity is a judicial determination, and is measured by the person's functional limitations. Utah Code 

  • To Report possible Abuse, Neglect, Exploitation

    Adult Protective Services

    801 538 3567 – Salt Lake County Area

    800 371 7897 – All other areas of State

    Make report via confidential email:

    daas.utah.gov/adult-protective-services/aps-form

    Or, Call your Local Law Enforcement


Wrap up
Wrap-Up appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care. Incapacity is a judicial determination, and is measured by the person's functional limitations. Utah Code 

  • Complex and complicated as each adult!

  • Challenging, interesting and rewarding profession

  • Office of Public Guardian staff available to talk about particular situations.

  • THANK YOU for your interest!


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