UTAH: Thinking About Adult Guardianship?

1. UTAH: Thinking About Adult Guardianship? Presentation by Donna L. Russell, MS SSW NMG Salt Lake Community College Center for Innovation July 21, 2014

2. Welcome & Introduction • Our Starting Point • Common Decision Mileposts • Adult Guardianship & Conservatorship • Key Resources

3. Our Starting Point • Wading Into the Process • Terms • Misconceptions • Benefits • Family guardians • Professional guardians • There are helpful resources

4. First Steps – Least to Most • Plan Ahead Now – You and I Our family members Talk Learn about pre-guardianship & conservatorship options

5. 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

6. Less Restrictive Options • A pre-arranged plan • Supportive services • Representative Payee • Durable Power of Attorney • Trust • Advance Health Care Directive

7. 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)

8. 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 .

9. 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)

10. 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)

11. 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.

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

13. 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)

14. 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

15. 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.

16. Disability Law Center of Utah • Guardianship-Factsheet disabilitylawcenter.org 801 363 1347

17. 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

18. 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.

19. 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

20. 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!