Utah Code 75-5-301.5. Rights of a person alleged to be incapacitated — Rights of an incapacitated person
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(1) Except as otherwise provided by this chapter or any other law, a person alleged to be incapacitated has the right to:
Terms Used In Utah Code 75-5-301.5
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Conservator: means a person who is appointed by a court to manage the estate of a protected person. See Utah Code 75-1-201 v2
- Court: means any of the courts of record in this state having jurisdiction in matters relating to the affairs of decedents. See Utah Code 75-1-201 v2
- Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Utah Code 75-1-201 v2
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment, or by written instrument as provided in Section
Utah Code 75-1-201 v2 - Incapacitated: means a judicial determination after proof by clear and convincing evidence that an adult's ability to do the following is impaired to the extent that the individual lacks the ability, even with appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care:(24)(a) receive and evaluate information;(24)(b) make and communicate decisions; or(24)(c) provide for necessities such as food, shelter, clothing, health care, or safety. See Utah Code 75-1-201 v2
- Interested person: includes heirs, devisees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against a trust estate or the estate of a decedent, ward, or protected person. See Utah Code 75-1-201 v2
- Issue: means a descendant of an individual. See Utah Code 75-1-201 v2
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means an individual or an organization. See Utah Code 75-1-201 v2
- Proceeding: includes action at law and suit in equity. See Utah Code 75-1-201 v2
- Property: includes both real and personal property or any interest therein and means anything that may be the subject of ownership. See Utah Code 75-1-201 v2
(1)(a) be represented by counsel before a guardianship is imposed and have counsel represent the person during the guardianship proceeding;(1)(b) receive a copy of all documents filed in a guardianship proceeding;(1)(c) have a relative, physician, physician assistant, or any interested person speak about or raise any issue of concern on behalf of the person during the guardianship proceeding;(1)(d) receive information about guardianships from the court; and(1)(e) be treated with respect and dignity.
(2) Except as otherwise provided by this chapter or any other law, an incapacitated person for whom a guardian is appointed has right to:
(2)(a) have counsel represent the incapacitated person at any time after the guardian is appointed;
(2)(b) have a relative, physician, physician assistant, or any interested person speak about or raise any issue of concern on behalf of the person in any court hearing about the guardianship;
(2)(c) receive a copy of all documents filed in court regarding the guardianship;
(2)(d) receive information about guardianships from the court;
(2)(e) ask questions and express concerns or complaints about a guardian and the actions of a guardian to the court;
(2)(f) participate in developing an individualized plan for the incapacitated person’s care, including:
(2)(f)(i) managing the incapacitated person’s assets and property;
(2)(f)(ii) determining the incapacitated person’s residence; and
(2)(f)(iii) determining the services to be received by the incapacitated person;
(2)(g) be given consideration in regards to the incapacitated person’s current and previously stated desires, preferences for health care and medical treatment, and religious and moral beliefs;
(2)(h) remain as independent as possible, including giving deference to the incapacitated person’s preference for the incapacitated person’s residence and standard of living:
(2)(h)(i) as expressed or demonstrated before a determination of capacity was made; or
(2)(h)(ii) as currently expressed or demonstrated by the incapacitated person if the preference is reasonable under the circumstances;
(2)(i) be granted the greatest degree of freedom possible that is consistent with the reasons for the guardianship;
(2)(j) be able to exercise control over all aspects of the incapacitated person’s life that are not granted to the guardian in the order of appointment;
(2)(k) engage in any activity that the court has not expressly reserved for the guardian, including marriage or domestic partnership, traveling, working, or having a driver license;
(2)(l) be treated with respect and dignity;
(2)(m) be treated fairly by the incapacitated person’s guardian;
(2)(n) maintain privacy and confidentiality in personal matters;
(2)(o) receive telephone calls and personal mail and associate with relatives and acquaintances unless the guardian and the court determine that the association should be restricted or prohibited in accordance with Section 75-5-312.5 ;
(2)(p) receive timely, effective, and appropriate health care and medical treatment that does not violate the incapacitated person’s rights;
(2)(q) have all services provided by a guardian at a reasonable rate of compensation;
(2)(r) have a court review any request for payment by a guardian to avoid excessive or unnecessary fees or duplicative billing;
(2)(s) receive prudent financial management of the incapacitated person’s property;
(2)(t) subject to Subsections 75-5-312 (4)(h) and 75-5-417 (4), receive a copy of an accounting report regarding the incapacitated person’s estate that is submitted to the court by the guardian under Section 75-5-312 or the conservator under Section 75-5-417 if a conservator is appointed for the incapacitated person;
(2)(u) receive and control the incapacitated person’s salary;
(2)(v) maintain a bank account and manage the incapacitated person’s personal money; and
(2)(w) ask the court to:
(2)(w)(i) review the management activity of a guardian if a dispute cannot be resolved regarding the guardian’s management;
(2)(w)(ii) continue to review the need for a guardianship or to modify or terminate a guardianship; and
(2)(w)(iii) enter an order restoring the incapacitated person’s capacity at the earliest possible time.
(3) The rights of an incapacitated person under this section do not abrogate any remedy provided by law.
(4) Any right described in this section may be:
(4)(a) addressed in a guardianship proceeding; or
(4)(b) enforced through a private cause of action.