State Codes and Statutes
Statutes > Utah > Title-62a > Chapter-14 > 62a-14-10562A-14-105. Powers and duties of the office.
(1) The office shall:
(a) before January 1, 2000, develop and operate a statewide program to:
(i) educate the public about the role and function of guardians and conservators; and
(ii) serve as a guardian, conservator, or both for a ward upon appointment by a courtwhen no other person is able and willing to do so and the office petitioned for or agreed inadvance to the appointment;
(b) possess and exercise all the powers and duties specifically given to the office byvirtue of being appointed as guardian or conservator of a ward, including the power to access award's records;
(c) review and monitor the personal and, if appropriate, financial status of each ward forwhom the office has been appointed to serve as guardian or conservator;
(d) train and monitor each employee and volunteer, and monitor each contract providerto 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 inaccordance 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 behalfof wards;
(i) maintain accurate records concerning each ward, the ward's property, and officeservices provided to the ward;
(j) make reasonable and continuous efforts to find a family member, friend, or otherperson to serve as a ward's guardian or conservator;
(k) after termination as guardian or conservator, distribute a ward's property inaccordance with Title 75, Chapter 5, Protection of Persons Under Disability and Their Property;
(l) submit recommendations for changes in state law and funding to the governor and theLegislature and report to the governor and Legislature, upon request; and
(m) establish, implement, and enforce rules.
(2) The office may:
(a) petition a court pursuant to Title 75, Chapter 5, Protection of Persons UnderDisability and Their Property, to be appointed an incapacitated person's guardian, conservator, orboth after conducting a prepetition assessment under Section 62A-14-107;
(b) develop and operate a statewide program to recruit, train, supervise, and monitorvolunteers to assist the office in providing guardian and conservator services;
(c) delegate one or more responsibilities for a ward to an employee, volunteer, orcontract provider, except as provided in Subsection 62A-14-107(1);
(d) solicit and receive private donations to provide guardian and conservator servicesunder this chapter; and
(e) adopt rules, in accordance with Title 63G, Chapter 3, Utah AdministrativeRulemaking Act, to:
(i) effectuate policy; and
(ii) carry out the office's role as guardian and conservator of wards as provided in thischapter.
Amended by Chapter 75, 2009 General Session
