| (1) |
The office shall:
Terms Used In Utah Code 26B-6-304- Conservator: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
- Contract: A legal written agreement that becomes binding when signed.
- Court: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
- Incapacitated: means a person who has been determined by a court, pursuant to Section 75-5-303, to be incapacitated, as defined in Section 75-1-201, after the office has determined that the person is 18 years of age or older and suffers from a mental or physical impairment as part of the prepetition assessment in Section 26B-6-305. See Utah Code 26B-6-301
- Office: means the Office of Public Guardian. See Utah Code 26B-6-301
- Person: means :Utah Code 68-3-12.5
- Property: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
- Ward: means an incapacitated person for whom the office has been appointed as guardian or conservator. See Utah Code 26B-6-301
| (a) |
develop and operate a statewide program to:
| (i) |
educate the public about the role and function of guardians and conservators; |
| (ii) |
educate guardians and conservators on:
| (A) |
the duties of a guardian and a conservator; and |
| (B) |
standards set by the National Guardianship Association for guardians and conservators; and |
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| (iii) |
serve as a guardian, conservator, or both for a ward upon appointment by a court when no other person is able and willing to do so and the office petitioned for or agreed in advance to the appointment; |
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| (b) |
possess and exercise all the powers and duties specifically given to the office by virtue of being appointed as guardian or conservator of a ward, including the power to access a ward’s records; |
| (c) |
review and monitor the personal and, if appropriate, financial status of each ward for whom the office has been appointed to serve as guardian or conservator; |
| (d) |
train and monitor each employee and volunteer, and monitor each contract provider to whom the office has delegated a responsibility for a ward; |
| (e) |
retain all court-delegated powers and duties for a ward; |
| (g) |
handle a ward’s funds in accordance with the department’s trust account system; |
| (h) |
request that the department’s audit plan, established pursuant to Section 63I-5-401, include the requirement of an annual audit of all funds and property held by the office on behalf of wards; |
| (i) |
maintain accurate records concerning each ward, the ward’s property, and office services provided to the ward; |
| (j) |
make reasonable and continuous efforts to find a family member, friend, or other person to serve as a ward’s guardian or conservator; |
| (l) |
submit recommendations for changes in state law and funding to the governor and the Legislature and report to the governor and Legislature, upon request. |
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