26B-6-305. Prepetition assessment and plan.
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Effective 5/3/2023
26B-6-305. Prepetition assessment and plan.
(1)Before the office may file a petition in court to be appointed guardian or conservator of a person, the office shall:
(a)conduct a face-to-face needs assessment, by someone other than a volunteer, to determine whether the person suffers from a mental or physical impairment that renders the person 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 medical care, to the extent that physical injury or illness may result;
(b)assess the financial resources of the person based on information supplied to the office at the time of assessment;
(c)inquire and, if appropriate, search to determine whether any other person may be willing 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 with the best interests of the person.
(2)The office shall prepare an individualized guardianship or conservator plan for each ward within 60 days of appointment.
Renumbered and Amended by Chapter 308 , 2023 General Session