62A-14-107 - Prepetition assessment and plan.
62A-14-107. Prepetition assessment and plan.
(1) Before the office may file a petition in court to be appointed guardian or conservatorof a person, the office shall:
(a) conduct a face-to-face needs assessment, by someone other than a volunteer, todetermine whether the person suffers from a mental or physical impairment that renders theperson substantially incapable of:
(i) caring for his personal safety;
(ii) managing his financial affairs; or
(iii) attending to and providing for such necessities as food, shelter, clothing, and medicalcare, to the extent that physical injury or illness may result;
(b) assess the financial resources of the person based on information supplied to the officeat the time of assessment;
(c) inquire and, if appropriate, search to determine whether any other person may bewilling and able to serve as the person's guardian or conservator; and
(d) determine the form of guardianship or conservatorship to request of a court, if any,giving preference to the least intensive form of guardianship or conservatorship, consistent withthe best interests of the person.
(2) The office shall prepare an individualized guardianship or conservator plan for eachward within 60 days of appointment.
Enacted by Chapter 69, 1999 General Session