No. 29950 (New Rule): R549-1. Eligibility and Services Priority

DAR File No.: 29950
Filed: 05/15/2007, 04:55
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new rule is to provide procedures and standards for the determination of eligibility and establish services as required by Title 62A, Chapter 14, Part 1.

Summary of the rule or change:

This rule establishes eligibility and services priority criteria for the Office of Public Guardian.

State statutory or constitutional authorization for this rule:

Section 62A-14-101 et seq.

Anticipated cost or savings to:

the state budget:

None--The cost is covered by existing state and federal budget.

local governments:

None--The cost is covered by existing state and federal budget.

other persons:

None--The cost is covered by existing state and federal budget.

Compliance costs for affected persons:

None--There are no compliance costs associated.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no impact anticipated. Lisa-Michele Church, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Public Guardian (Office of)
120 N 200 W
SALT LAKE CITY UT 84103

Direct questions regarding this rule to:

Lori Bays at the above address, by phone at 801-538-4564, by FAX at 801-538-8243, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/02/2007

This rule may become effective on:

07/09/2007

Authorized by:

Lori Bays, Director

RULE TEXT

R549. Human Services, Office of Public Guardian.

R549-1. Eligibility and Services Priority.

R549-1-1. Purpose.

(1) The purpose of this rule is to provide:

(a) Procedures and standards for the determination of eligibility and establish services as required by Title 62A, Chapter 14, Part-1, Utah Code.

 

R549-1-2. Authority.

(1) This rule is authorized pursuant to UCA 62A-14-105(2).

 

R549-1-3. Definitions.

(1) Terms used in this rule are defined in Section 62A-14-102.

 

R549-1-4. Eligibility.

(1) Individuals who have been found or are likely to be found legally incapacitated and in need of guardianship and/or conservatorship, and who have no other responsible, willing and able person to serve as their guardian, may be eligible for the services provided by Human Services, Office of Public Guardian "Office".

 

R549-1-5. Priority.

(1) The Office will give priority to incapacitated individuals whose need for guardianship and/or conservatorship is more critical than other incapacitated individuals, as follows and in the following order:

(a) Individuals who are in life-threatening situations, where immediate guardianship assistance or intervention is necessary for the preservation of life or the prevention of serious harm or injury.

(b) Individuals who are experiencing abuse, neglect or self-neglect or financial exploitation.

(c) Individuals who are at significant risk of experiencing abuse, neglect or self-neglect or financial exploitation.

 

KEY: eligibility and priority, incapacitated, guardianship

Date of Enactment or Last Substantive Amendment: 2007

Authorizing, and Implemented or Interpreted Law: 62A-14-101 et seq.