Utah § 26B-6-305 Prepetition assessment and plan.

Utah Statutes

§ 26B-6-305 — Prepetition assessment and plan.

Utah § 26B-6-305

Title 26BUtah Health and Human Services Code

Ch. 26B-6Long Term Services and Supports, Aging, and Disabilities

Part 26B-6-3Office of Public Guardian

This text of Utah § 26B-6-305 (Prepetition assessment and plan.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 26B-6-305 (2026).

Text

(1)Before the office may file a petition in court to be appointed guardian or conservator of a person, the office shall:

(1)(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:

(1)(a)(i) caring for his personal safety;

(1)(a)(ii) managing his financial affairs; or

(1)(a)(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;

(1)(b) assess the financial resources of the person based on information supplied to the office at the time of assessment;

(1)(c) inquire and, if appropriate, search to determine whether any other person may be wi

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(1) Before the office may file a petition in court to be appointed guardian or conservator of a person, the office shall:

(1)(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:
(1)(a)(i) caring for his personal safety;
(1)(a)(ii) managing his financial affairs; or
(1)(a)(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;
(1)(b) assess the financial resources of the person based on information supplied to the office at the time of assessment;
(1)(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
(1)(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.