Current through the 2024 Fourth Special Session
Section 26B-6-304 - 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; and(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.(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 26B-6-305;(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 26B-6-305(1);(d) solicit and receive private donations to provide guardian and conservator services under this part; 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 250, 2024 General Session ,§ 21, eff. 5/1/2024.Renumbered from § 62A-14-105 and amended by Chapter 308, 2023 General Session ,§ 156, eff. 5/3/2023.Amended by Chapter 441, 2022 General Session ,§ 1, eff. 5/4/2022.Amended by Chapter 75, 2009 General Session.