Guardianship is designed for individuals who are incapacitated. Incapacity is determined by a judge and is based on a person’s ability to function. According to Utah Code Section 75-1-201, an incapacitated person is someone who cannot:

• Receive and evaluate information
• Make or communicate decisions
• Provide for basic needs like food, shelter, clothing, healthcare, or safety

Determining Guardianship or Alternatives

Before deciding on guardianship, consider whether alternatives such as supported decision-making or power of attorney in specific areas may be a better fit. Ask yourself the following questions:

• Does the individual have the skills and support to work or attend school?
• Can they handle emergencies at home? Can they call 911, communicate their needs, and leave the home independently if needed? Can they do this with support?
• Can they make daily decisions for basic needs like getting dressed, eating, personal hygiene, and laundry? Can they do this with support?
• Can the individual drive or use public transportation? Are there others who can assist with transportation?
• Do they know which bills to pay, how much, and when? Can they manage money, resist fraud, and handle contracts? Can they do this with support?
• Can they communicate their needs in public or medical appointments? Can they do this with support?
• Do they know which medicines to take and when? Can they attend and manage doctor’s appointments? Can they do this with support?
• Can they recognize dangerous or vulnerable situations and know how to respond?

Is Guardianship the Right Decision?

In Utah, individuals become legal adults at 18, even if they have impairments or disabilities that affect their ability to make responsible decisions. This includes decisions about healthcare, education, and finances.

Many individuals with disabilities can make decisions with support, but others may struggle to manage basic needs like medical care, safety, or housing. For those who lack the ability to communicate or make responsible decisions, guardianship may be necessary. Guardianship can also be adjusted if the individual gains more independence over time.

Key Concepts to Consider

When determining whether guardianship is right for your family, remember these important principles:

• Duty of Care: The moral or legal responsibility to ensure the safety and well-being of others.
• Dignity of Risk: A person’s right to make their own decisions, even if it involves some risk.

Creative solutions, adaptive technology, assistive devices, and careful monitoring can allow individuals with disabilities to maintain independence while managing potential risks.

Legal Requirements for Guardianship

Guardianship is only granted by a judge after it has been proven by clear and convincing evidence that an adult is incapacitated to the point that they cannot meet their basic needs for financial protection, physical health, safety, or self-care, even with assistance.

Alternatives to Guardianship

If you feel guardianship is not the best option for your family, explore alternatives. For more information, check out the “Red Section” of the Choices book or visit the Alternatives to Guardianship section on our website.

Take time to consider what’s best for your young adult and your family. This is a serious decision that impacts basic human rights. For questions or support, reach out to the Utah Parent Center at 801-272-1051.