Utah Admin. Code 510-302-4

Current through Bulletin 2024-24, December 15, 2024

Section R510-302-4 - Definitions

(1) Definitions found in Section 26B-6-201.

(2) "Activities of daily living" (ADL's) means the ability to:

(a) take a full body bath or shower, including transfer in and out of the bath or shower;

(b) tend to personal hygiene needs, including care of teeth, dentures, shaving, and hair care;

(c) put on, fasten and take off clothing, and select appropriate attire;

(d) walk without supervision or cues, including using a walker or cane;

(e) use steps or ramps;

(f) use toilet or commode, including transferring on and off toilet, cleansing self, changing pads, and caring for colostomy or catheter in appropriate manner;

(g) transfer without supervision or devices in and out of a bed or chair; and

(h) the ability to feed oneself, prepare food, drink or use necessary adaptive devices.

(3) "Instrumental activities of daily living" (IADL's) means the core life activities of independent living, including using the telephone, managing money, preparing meals, doing housework, remembering to take medications, providing for one's necessities, and obtaining services.

(4) "Durable" with respect to a power of attorney, means not terminated by the principals incapacity.

(5) "Conservator" means an individual or agency appointed by a court in accordance with Section 75-5-401.

(6) "Guardian" means an individual or agency appointed by a court in accordance with Section 75-5-303.

(7) "Incapacitated person" is as defined in Subsection 75-1-201(22).

(8) "Intentionally" is as defined in Subsection 76-2-103(1).

(9) "Knowingly" is as defined in Subsection 76-2-103(2).

(10) "Lifestyle choice" means a knowing and voluntary choice to live a certain way, including a non-conventional way, by a person who has capacity to make that choice.

(11) "Limited capacity" means that an adult person's ability to understand, communicate, make decisions regarding the nature and consequences the person's life or property is limited in one or more, but not all, functional areas, or during identified times of day, due to a mental illness, developmental disability, organic brain disorder, physical illness or disability, chronic use of drugs, chronic intoxication, short-term memory loss, or other cause.

(12) "Long-term care facility" is as defined in Section 26B-2-301.

(13) "Power of attorney" means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.

(14) "Protective intervention funding" means payments made to the vulnerable adult, family, or caregiver or other provider that will alleviate or resolve a protective need.

(15) "Protective needs" means factors identified by the APS protective needs assessment that pose significant risk for, or are the result of abuse, neglect or exploitation of a vulnerable adult.

(16) "Protective needs assessment" means an assessment of a vulnerable adult's impairments and alleged risk factors for abuse, neglect or exploitation that are found to be present in that APS case investigation.

(17) "Protective services" means services to protect a vulnerable adult from abuse, neglect, or exploitation.

(18) "Protective supervision" means an APS service offered to reduce or resolve a vulnerable adult's protective need.

(19) "Recklessly" is as defined in Subsection 76-2-103(3).

(20) "Respite care" means a time-limited period of relief from care giving responsibilities paid to a respite care provider or individual from protective intervention funds.

(21) "Service plan" means a document created by the APS caseworker for an approved short term service case that includes a goal, objectives, methods, and progress reviews to resolve the protective needs identified in an APS investigation, and that implements recommendations of the case review committee.

(22) "Short term services" include: crisis intervention, emergency shelter, protective supervision, respite care, supported living services, or short term intervention funding.

(23) "Short term intervention funding" means short term payments made to the vulnerable adult, family, or caregiver or other provider, during a short term service case for goods or services other than for respite care or supported living, that will alleviate or resolve a protective need.

(24) "Supported living" means short term payments made to individuals or providers that enable the vulnerable adult to remain in their own home or in the home of a relative.

Utah Admin. Code R510-302-4

Amended by Utah State Bulletin Number 2017-17, effective 8/7/2017

Amended by Utah State Bulletin Number 2021-02, effective 1/4/2021

Amended by Utah State Bulletin Number 2024-05, effective 2/22/2024