Utah thinking about adult guardianship
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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?

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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 .


Utah thinking about adult guardianship

  • 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

  • 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

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

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


Conservatorship

Conservatorship

  • 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

  • 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

  • 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

  • Guardianship-Factsheet

    disabilitylawcenter.org

    801 363 1347


Guardian conservator companies

Guardian & Conservator Companies

  • 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

  • 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

  • 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

  • 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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