Section 105 – Powers and duties of the office.

• (1) The office shall:
  • (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
    • (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;
  • (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;
  • (f) report on the personal and financial status of a ward as required by a court in accordance with Title 75, Chapter 5, Protection of Persons Under Disability and Their Property;
  • (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;
  • (k) after termination as guardian or conservator, distribute a ward’s property in accordance with Title 75, Chapter 5, Protection of Persons Under Disability and Their Property; and
  • (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.

• (2) The office may:
  • (a) petition a court pursuant to Title 75, Chapter 5, Protection of Persons Under Disability and Their Property, to be appointed an incapacitated person’s guardian, conservator, or both after conducting a prepetition assessment under Section 62A-14-107;
  • (b) develop and operate a statewide program to recruit, train, supervise, and monitor volunteers to assist the office in providing guardian and conservator services;
  • (c) delegate one or more responsibilities for a ward to an employee, volunteer, or contract provider, except as provided in Subsection 62A-14-107(1);
  • (d) solicit and receive private donations to provide guardian and conservator services under this chapter; and
  • (e) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
    • (i) effectuate policy; and
    • (ii) carry out the office’s role as guardian and conservator of wards as provided in this chapter.

Amended by Chapter 441, 2022 General Session