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. 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 Section

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 (Utah Courts)Section

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 (Utah Courts)Section

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.YouTube channelDVD

Disability Law Center of Utah Guardianship-Factsheet disabilitylawcenter.org

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 National Guardianship Association

Office of Public Guardian Department of Human Services Office of Public Guardian 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 To Report possible Abuse, Neglect, Exploitation Adult Protective Services – Salt Lake County Area – All other areas of State Make report via confidential 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!