disability in a full guardianship. (1) This section only applies to a guardian who is appointed by a court for an individual with a severe intellectual disability in a full guardianship. (2) (a) A guardian shall diligently and in good faith carry out the specific duties, powers, and rights that the guardian is granted under this section and in the order of appointment entered under Section 75-5-609. (b) A guardian is not liable to a third person for acts of the individual with a severe intellectual disability solely by reason of the guardian having the same powers, rights, and duties as a parent with respect to the parent's unemancipated minor child. (3) (a) In carrying out duties, powers, and rights that a guardian is granted, the guardian shall encourage the individual with a severe intellectual disability, to the extent practicable, to participate in decisions, exercise self-determination, act on the individual's own behalf, and develop the skills to manage the individual's personal affairs. (b) To the extent known, a guardian shall consider the expressed desires, preferences, and personal values of the individual with a severe intellectual disability when making decisions about the individual. (4) A guardian is entitled to custody of the individual with a severe intellectual disability to the extent that the custody is consistent with the terms of any order by a court relating to the detention and commitment of the individual. (5) If a guardian has custody of the individual with a severe intellectual disability under Subsection (4), the guardian: (a) may establish the individual's place of residence within, or outside of, this state; and (b) shall provide for the care, comfort, and maintenance of the individual and arrange for the individual's training and education whenever appropriate. (6) Without regard to the custodial rights of the individual with a severe intellectual disability, a guardian shall take reasonable care of the individual's clothing, furniture, vehicles, and other personal effects and commence protective proceedings if other property of the individual is in need of protection. (7) A guardian of the individual with a severe intellectual disability may: (a) give the consent or approval that may be necessary to enable the individual to receive medical or other professional care, counsel, treatment, or service; (b) restrict or prohibit the individual's association with relatives and acquaintances if the guardian deems that the association is harmful to the individual; and (c) restrict the individual from taking or consuming: (i) a drug, as defined in Section 58-17b-102, that has not been prescribed to the individual; (ii) a tobacco product, an electronic cigarette product, or a nicotine product, as those terms are defined in Section 76-9-1101; (iii) alcohol; (iv) pornography; or (v) a legal substance or activity that would be harmful to the health and wellbeing of the individual. (8) (a) A guardian of the individual with a severe intellectual disability shall: (i) notify any interested person named in the order of appointment under Subsection 75-5-609(4) of any significant health care or treatment received by the individual; (ii) immediately notify persons who request notification and are not restricted in associating with the individual of: (A) the individual's admission to a hospital for three or more days or to a hospice program; (B) the individual's death; or (C) the arrangements for the disposition of the individual's remains; (iii) immediately notify all interested persons if the guardian reasonably believes that the individual's death is likely to occur within the next 10 days, based on: (A) the guardian's own observations; or (B) information from the individual's physician or other medical care providers; and (iv) provide the court with a current address of an individual if the guardian moves the individual. (b) For purposes of this Subsection (8), an interested person is a person required to receive notice in guardianship proceedings as described in Section 75-5-605. (9) If a conservator has not been appointed for the estate of the individual with a severe intellectual disability, a guardian may: (a) institute proceedings to compel any person under a duty to support the individual or to pay sums for the welfare of the individual to perform that duty; (b) receive money and tangible property deliverable to the individual and apply the money and property for support, care, and education of the individual, except that: (i) the guardian may not use funds from the individual's estate for room and board that the guardian or the guardian's family member or relative has furnished unless a charge for the service is approved by order of the court made upon notice to at least one adult relative in the nearest degree of kinship to the individual in which there is an adult; and (ii) the guardian shall manage the individual's money and property in a prudential manner to ensure that the individual qualifies for disability benefits. (10) (a) If a conservator has not been appointed for the estate of the individual with a severe intellectual disability, and except as provided in Subsection (13)(b), a guardian shall: (i) send a report with a full account to the court on an annual basis if the individual's estate is in excess of $50,000 excluding the residence, if any, owned by the individual; or (ii) fill out an informal annual report and mail the report to the court if the individual's estate is less than $50,000 excluding the residence, if any, owned by the individual. (b) An accounting report under Subsection (10)(a) shall include a statement regarding: (i) all assets at the beginning and end of the reporting year; (ii) any income received during the year; (iii) any disbursements for the support of the individual with a severe intellectual disability; (iv) any investments or trusts that are held for the individual's benefit; (v) any expenditures or fees charged to the individual's estate; and (vi) any other expenses incurred by the individual's estate. (c) The court may require additional information in an accounting report under Subsection (10) (a). (d) The Judicial Council shall approve forms for the accounting reports described in Subsection (10)(a). (e) An annual accounting report under Subsection (10)(a) shall be examined and approved by the court. (f) If the income of the individual with a severe intellectual disability is limited to a federal or state program requiring an annual accounting report, a copy of that report may be submitted to the court in lieu of the required annual accounting report under Subsection (10)(a). (g) (i) A corporate fiduciary is not required to petition the court, but shall submit the corporate fiduciary's internal report annually to the court. (ii) The report under Subsection (10)(g)(i) shall be examined and approved by the court. (h) If a fee is paid for an accounting of the estate of the individual with a severe intellectual disability, a fee may not be charged for an accounting of the individual's status under Subsection (13). (11) If a conservator has been appointed for the estate of the individual with a severe intellectual disability, a guardian shall: (a) control the custody and care of the individual and is entitled to receive reasonable sums for services and for room and board furnished to the individual as agreed upon between the guardian and the conservator if the amounts agreed upon are reasonable under the circumstances; (b) pay all of the individual's estate received by the guardian in excess of those funds expended to meet current expenses for support, care, and education of the individual to the conservator for management of the individual's estate as provided in this chapter; and (c) account to the conservator for funds expended to meet current expenses for support, care, and education of the individual. (12) If a conservator has been appointed for the estate of the individual with a severe intellectual disability, a guardian may request the conservator to expend the individual's estate by payment to third persons or institutions for the individual's care and maintenance. (13) (a) Except as provided in Subsection (13)(b), the guardian shall provide an annual accounting of the individual's status, including a report of the physical and mental condition of the individual, the individual's estate that has been subject to the guardian's possession, and the individual's place of residence and others living in the same household, to the court in the petition or the annual report as required under Subsection (10). (b) The guardian is not required to provide an annual report or accounting described in Subsection (10)(a) or (13)(a) if the guardian is the parent, grandparent, or sibling of the individual with a severe intellectual disability. (14) (a) The court may impose a penalty in an amount not to exceed $5,000 if a guardian: (i) makes a substantial misstatement on filings of annual reports; (ii) is guilty of gross impropriety in handling the property of the individual with a severe intellectual disability; or (iii) willfully fails to file the report required by this section after receiving written notice from the court of the failure to file and after a grace period of two months has elapsed. (b) The court may order restitution of funds misappropriated from the estate of the individual with a severe intellectual disability. (c) A penalty under this Subsection (14) shall be paid by the guardian and may not be paid by the individual or the individual's estate. (15) A person who refuses to accept the authority of a guardian with authority over financial decisions to transact business with the assets of the individual with a severe intellectual disability after receiving a certified copy of letters of guardianship is liable for costs, expenses, attorney fees, and damages if the court determines that the person did not act in good faith in refusing to accept the authority of the guardian.
‹ Prev All Utah sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.