75-5-316 - Expedited guardianship proceedings.
75-5-316. Expedited guardianship proceedings.
(1) (a) With regard to persons who are residents of the Utah State Developmental Center,the expedited process provided by this section may be applied to obtain a limited guardianship.
(b) For purposes of this section:
(i) "Limited guardianship" means a guardianship solely for the purpose of grantingconsent for medical care and for participation in approval of the ward's individualized programplan.
(ii) "Ward" means a resident of the Utah State Developmental Center who is the subjectof guardianship proceedings under this section.
(2) Any person interested in the incapacitated person's welfare may file a petition for afinding of incapacity and appointment of a guardian. That person may seek the limitedguardianship pro se, using the forms described in this section. Any fee for filing a petition for alimited guardianship shall be waived if the guardian is proceeding under this section.
(3) Upon filing a petition for limited guardianship under this section, the court shall set adate for hearing.
(4) The ward has the right to be present at the hearing and to see and hear all evidencerelating to his condition.
(5) At that hearing the court shall review the affidavit of the superintendent of the UtahState Developmental Center, described in Subsection (11), and determine whether notice hasbeen given to the appropriate persons described in Subsection (6).
(6) If the proposed guardian is not a parent or relative of the ward, personal notice shallbe given to the ward's spouse, parents, and any adult children of the ward. Personal notice shallalso be given to other persons as the court may direct.
(7) The court may, in its discretion, appoint a guardian ad litem to represent the ward inthe hearing, and may request independent evaluation by a physician appointed by the court. Thephysician shall submit his findings to the court in writing.
(8) The court may grant the petition for a limited guardianship and sign the Order ofAppointment if the court finds that:
(a) the appropriate parties have been given notice;
(b) the ward is incapacitated, based on the affidavit of the superintendent of the UtahState Developmental Center and any affidavit or testimony of persons entitled to receive noticeor requested to present evidence under this section; and
(c) it is necessary and desirable to establish the guardianship.
(9) Venue for these expedited guardianship proceedings shall be the same as thatdescribed in Section 75-5-302.
(10) A petition for a limited guardianship shall include the following information:
(a) the interest of the petitioner;
(b) the name, age, residence, and address of the ward;
(c) verification that the ward is a resident of the Utah State Developmental Center;
(d) the name and address of the nearest relative of the ward; and
(e) the reason for appointment of guardianship.
(11) The petitioner shall also provide the court with an affidavit of the superintendent ofthe Utah State Developmental Center that includes the following information:
(a) that the ward is a resident of the Utah State Developmental Center;
(b) the date the ward was originally admitted to the Utah State Developmental Center;
(c) the diagnosis of the ward, including a description of the ward's disabling condition,the level of retardation, and any medical or physical conditions;
(d) that the Utah State Developmental Center is certified as an Intermediate Care Facilityfor the Mentally Retarded under Title XIX of the Social Security Act;
(e) that because of that certification, the Utah State Developmental Center receivesfinancial participation from the United States Government for its operation and maintenancecosts; and
(f) that federal regulations under Title XIX require the ward to have a guardian appointedfor the sole purpose of giving consent for medical and dental care and of participation in andapproval of the ward's individual program plan.
(12) If the court finds that, under the requirements of this section the proposed limitedguardian should be appointed, it shall enter an order establishing that limited guardianship insubstantially the following form:
The court finds that:
(a) appointment of a limited guardianship for (named ward) is necessary and desirable asa means of providing continuing care and supervision and to ensure his welfare;
(b) the ward is incapacitated;
(c) (named guardian) is appointed as the limited guardian of (named ward); and
(d) the guardianship is a limited guardianship solely for the purpose of:
(i) granting permission for medical and dental care on behalf of the ward; and
(ii) participation in the development and approval of the ward's individual program plan.
(13) Appointment of guardianship under this section places no additional responsibilityor liability on the guardian with regard to the ward. The limited guardianship is solely forconsent for medical care and approval of the ward's individualized program plan, and shall not beconstrued to increase or create liability or responsibility for the guardian.
Amended by Chapter 73, 2001 General Session