26B-6-305. Prepetition assessment and plan.
| (1) |
Before the office may file a petition in court to be appointed guardian or conservator of a person, the office shall:
Terms Used In Utah Code 26B-6-305
| (a) |
conduct a face-to-face needs assessment, by someone other than a volunteer, to determine whether the person suffers from a mental or physical impairment that renders the person substantially incapable of:
| (i) |
caring for his personal safety; |
| (ii) |
managing his financial affairs; or |
| (iii) |
attending to and providing for such necessities as food, shelter, clothing, and medical care, to the extent that physical injury or illness may result; |
|
| (b) |
assess the financial resources of the person based on information supplied to the office at the time of assessment; |
| (c) |
inquire and, if appropriate, search to determine whether any other person may be willing and able to serve as the person’s guardian or conservator; and |
| (d) |
determine the form of guardianship or conservatorship to request of a court, if any, giving preference to the least intensive form of guardianship or conservatorship, consistent with the best interests of the person. |
|
| (2) |
The office shall prepare an individualized guardianship or conservator plan for each ward within 60 days of appointment. |
Renumbered and Amended by Chapter 308, 2023 General Session
