Transcript 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
Our Starting Point
Common Decision Mileposts
Adult Guardianship & Conservatorship
Key Resources
Our Starting Point
Wading Into the Process
Terms
Misconceptions
Benefits
Family guardians
Professional guardians
There are helpful resources
First Steps – Least to Most
Plan Ahead
Now – You and I
Our family members
Talk
Learn about pre-guardianship &
conservatorship options
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
A pre-arranged plan
Supportive services
Representative Payee
Durable Power of Attorney
Trust
Advance Health Care Directive
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
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.
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
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
conservator is a person or institution
appointed by the court to make decisions
about a protected person's estate.
(UT Courts Web Site)
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
The majority of guardian’s in Utah are
family members of protected person.
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
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
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
Guardianship-Factsheet
disabilitylawcenter.org
801 363 1347
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
Department of Human Services
Office of Public Guardian
801 538 8255
opg.utah.gov
Provides Information and Referral, preguardianship assessment, court appointed
on-going guardianship and conservatorship
case management when no other appropriate
family or adult available.
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
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!