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FREQUENTLY ASKED QUESTIONS
- What is Guardianship of Person?
In its most basic form, guardianship of person encompasses the job of making decisions for a person who has been legally declared incapacitated, incompetent or legally disabled. It is always a legal process and it is often adversarial in nature
- Who Needs a Guardian?
The primary test for determining the need for guardianship focuses on the individual's ability to make decisions, to understand the consequences of the decisions, and to communicate the decisions once made. The areas of decision-making on which most guardianships are focused include living environments and medical care. Other services such as vocational and educational training, engaging ancillary professional services and linking with community and private supports also fall within the scope of practice for the guardian.
- Who may be a Guardian?
A Guardian must be at least 18 years of age, have no felony convictions, and should not themsleves be disabled. In some states there is a statutory preference for appointing family members as guardians; in others it is at the discretion of the court. More states are requiring that individuals appointed as guardians have a minimum training experience - for example, to watch a video, read a book, or to attend a course on guardianship which may last anywhere from two hours up to 40 hours, or be certified as a Registered or Master Guardian through the National Guardianship Association.
- Why select a National Certified Guardian?
National Certified Guardians are professionals who elect to do this job and have been carefully trained and tested. National Certified Guardians adhere to the National Guardianship Association code of ethics and have continuing training requirements. National Certifiied Guardians are certified by the Center for Guardianship Certification.
- Does GCS work with physically disabled people?
No, but we can refer you to qualified providers, or you may want to research the possibilities through the National Guardianship Association's Web site at www.guardianship.org.
- Do you accept Conservatorship of Estates?
Yes, for more information about the services we can provide, please contact us at 801.281.1100.
- Do you handle any financial matters for your wards?
Yes, as Utah Probate Court appointed Conservator.
- What is Informed Consent?
This is a person's voluntary agreement to allow something to happen that is based on full disclosure of facts needed to make the best decision in the given situation. The guardian stands in the place of the protected person and must be afforded the same information and freedom of choice as the protected person would have received. Making an informed decision requires adequate information on the issue, and a lack of coercion so that the decision is voluntary. If any of these requirements are not met, an informed decision cannot be made. Informed consent is a key doctrine in guardianship.
- Can GCS also provide Care Management or Private In-home Non-medical Care Attendant services to the protected person?
No, however, these services can be contracted through Age Connections Inc., a private consultation, care management and in-home non-medical care attendant service. Please feel free to visit their website at www.ageconnections.com.
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