Guardianship & Trusts
Public and Private agencies that assist with guardianship and conservator ships
The Disability Law Center has provided the names of these attorneys and agencies as a courtesy.
We do not know if any of these attorneys or agencies will accept your case and we cannot guarantee the quality of their work.
Contact the Disability Law Center (DLC) toll-free at 1-800-662-9080 (Voice) or (800) 550-4182 (TTY), or visit the DLC at www.disabilitylawcenter.org.
Age Connections Inc.
13997 S. Minuteman Drive, Suite 210
Draper, Utah 84020
(801) 231-2081
Fax (801) 523-9339
Email: marygy@ageconnections.com
Services: Consultation, private care management, in- residence non-medical care providers, court visitor and expert witness services, mediation for the elderly, and individuals with disabilities
Eligibility: adults living along the Wasatch Front of Utah
Fee: call for more information
Brian G. Cannell
Hillyard, Anderson & Olsen, P.C.
175 East 100 North
Logan, Utah 84321
435-752-2601
Eldercare Consult Inc.
545 East 4500 South, Ste E155
Salt Lake City, Utah 84107
(801) 288-4004
Website: www.eldercareconsult.com
Services: Private guardianships and conservatorships, private consultation and care management, capacity evaluation
Eligibility; Incapacitated adults and older adults
Fee: fee for services
Guardianship Associates of Utah, Inc.
320 West 200 South #140B
Salt Lake City, Utah 84101
(801) 533-0206
Services: case management of guardianship cases, information, presentations, Assisted Family Guardianship Program that assists family members in gaining guardianship of adult children with disabilities.
Guardian and Conservator Services, LLC
13997 S. minuteman Drive, suite 210
Draper, Utah 84020
(801) 523-0060
Fax: (801) 523-9339
Email: rhuntercpa@attglobal.net
Services: Private guardian, conservator and trust services; V A fiduciary, social security payee, personal representative, state management and liquidation; meditation for the elderly and individuals with disabilities
Eligibility: Individuals with disabilities living in Utah
Fee: Call for more information
Legal Aid Society of Salt Lake
205 North 400 West
Salt Lake City, Utah 84103
Services: Legal Aid Society of Salt Lake provides legal services to low income persons in family law, including guardianship. Representation of proposed wards wanting to contest proposed guardianships. Representation of wards wanting to contest existing guardianships.
Eligibility: statewide but primarily limited to persons living in Salt Lake County and persons whom the office of public guardian is seeking to establish or maintain guardianship or conservatorship
Fee: There is no fee; however, individual must meet income eligibility standards in order to qualify for services.
Mahoney, Holly J. LLC
8232 South Kirkwood Place
Sandy, Utah 84094
(801) 205-0969
Santana, Maria Christina
44 West Broadway, Suite 304
Salt Lake City, Utah 84101
(801) 363-5803
Stagg Elder Care Services
Adivision of KHSA & co.
111 East Broadway, Suite 250
Salt Lake City, Utah 84111
(801) 322-2113
Website: www.khsa.biz
Services: Private Guardianships and conservator ships
Eligibility: Incapacitated and older adults
Fee: fee for services. Call for more information
Utah SNAP Fund
13997 South Minuteman Drive, Suite210
Draper, Utah 84020
(801) 231-2018
Fax: (801) 523-9339
Email: margy@ageconnections.com
Services: Utah special needs assistance program fund, providing a pooled income alternative fro individuals with disabilities living in Utah.
Eligibility: Individuals with disabilities living in Utah Parent Center
Fee: Call for more information
Basic Information on Guardianship
Guardianship
Same powers, rights, and duties that a parent has for an un-emancipated minor (a child under 18 and not married), except that a guardian is not liable to a third person for acts of the ward (incapacitated person) solely by reason of the parental relationship.
Limited Guardianship
Limited Guardianships is providing care or supervision in the least restrictive form, by individualizing Guardianships so a person under the Guardianship keeps as many rights as possible. For example: Guardianship may be over custody (where the person lives), consent to treatment (medical & mental health), receive money & oversee finances or property for the individual.
Guardianship or Limited Guardianship is a court decision requiring a hearing.
Who may be a Guardian?
Any competent adult or suitable institution is eligible to be a guardian. A person nominated by an incapacitated person, nominated prior the person’s incapacity. (Specific Form) The nomination may be disqualified with good cause by the court.
What is “thing” called guardianship?
Guardianship is about who can legally make decisions for someone else. It has to do with the fact that when someone turns 18 he becomes a legally competent adult with full adult right and legally has the ability to make his own decisions. This fact applies equally to all and there are no distinctions that might be made because someone has a disability. People with cognitive disabilities who turn 18 may lack the functionality ability to make their own decisions in some areas of their lives. People like this might benefit by having some type of assistance with decision making. Options for a person who is relatively capable in decision making mighty include teaching, training, and advocacy. Stronger interventions which give someone else power to make decisions in the disabled persons behalf include power of attorney or other types of advanced directives, bill paying services, or guardianship. Guardianship is the most restrictive of theses measures and should be used only when there is no other way to support someone in decision making.
Guardianship is a court process. It requires filing of a petition, a court hearing and two attorneys - one for each side as in other court processes. The “sides” are the petitioner (the person who wants to become guardian) and the protected person or ward (the person going under guardianship). This type of guardianship allows the parents to continue to perform in the parental role by making decisions in the areas where it might be difficult for their disabled adult child to do so. Theses areas might include medical decision making support.
Guardianship is not something that should be taken lightly. It is a court process that awards some rights held by on person to someone else. It requires honesty, integrity and objectivity on the part of the guardian to support the ward in his wishes while t the same time acting in his best interest. A guardian is under jurisdiction of the court and may act in only the areas the court has defined.
Guardianship is not needed by everyone who is disabled and turns 18. Many individuals are capable of making appropriate decisions with little or no assistance. Careful consideration needs to be given to the needs of every disabled person before leaping into guardianship.
What are the different types of guardianship available?
This varies from state to state but generally:
Person- makes decisions about person, programs, medical care, residence, release of confidential information.
Estate- manages and makes decisions about financial matters, benefits, real estate and other property often referred to as conservator.
Plenary- means total and can be attached to guardianship of person or estate or both.
In most states there are exclusions to plenary guardianship, which may be residential placement, certain medical procedures, and sale or transfer of property. The guidelines again are in the state laws regulating guardianship.
Limited- means that the guardian has only the authority specifically given by court order. The ward keeps all other decision- making rights not specifically outlined by the court order. In most states the appointment of a limited guardian does not equal a finding of legal incompetence.
Successor- the court appoints another guardian when the original guardian dies, resigns or is removed. Usually the successor has the same powers as the original guardian
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