Choosing a Place for the Protected Person to Live

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Where Should the Protected Person Live?

Unless the court’s order says something different, a guardian may decide where the protected person will live, in or outside of Utah. However, the guardian must give deference to the protected person’s preference as to where they will live and their standard of living.

Utah Code 75-5-301.5

Options

For most of us, our daily routine consists of eating, dressing, bathing, and getting to and from home, work, or school, recreation when there is time and money, and caring for other personal needs. But what of the protected person who is unable to perform these activities to some extent or who depends totally on others? The following table is a brief guide to the residence options available. When making a decision about where the protected person will live, keep in mind

• where the protected person wants to live;
• what s/he can afford; and
• where s/he will be safe and receiving appropriate care and support.

Some residence options may not be available in all communities.

Staying at home

The house or apartment itself should be safe and habitable. If the protected person is renting, make sure the landlord makes any repairs required by law. If the protected person would be safe at home, but needs help, consider arranging for someone to perform those everyday tasks that the protected person cannot do for himself or herself.

Residential care

If the protected person does not want to live at home, is no longer safe at home or does not have the money or support to do so, it may be necessary to move to a more protected setting. Consult with the protected person's healthcare providers and other professionals for recommendations concerning placement in a facility that will best meet the protected person's needs. For a brief description of the options, see the table above.

A pet may be extremely important to the protected person, and the protected person may want to keep the pet or at least have regular visits. Some facilities allow residents to keep pets or to have visits by pets. If the pet cannot live with the protected person, arrange for shelter, food, water, exercise and medical care for the pet.

Following admission, try to visit the protected person regularly. Speak with the protected person privately so s/he can inform you of any problems with the living situation. Consult with staff to make sure that:

• the protected person's needs are met;
• s/he is eating well;
• s/he is getting the correct medicine and medical care; and
• if s/he wants, is participating in activities.

Residents of facilities have rights established by law. You can talk to the owner or the administrator of the care facility about your concerns or to the Long-Term Care Ombudsman. The ombudsman is a person who visits residents in residential care facilities, listens to their concerns and complaints and tries to solve the problems.

Simply keeping others involved in the protected person's life is a guard against abuse, neglect and financial exploitation. Isolation increases the risk of harm. Even if a facility is licensed and highly rated, it is still possible for the protected person to be abused, neglected or financially exploited. For more information about the warning signs of abuse, neglect — including self-neglect — and exploitation, see: https://www.helpguide.org/articles/abuse/elder-abuse-and-neglect.htm.

Call Adult Protective Services (APS) if you think the protected person has been abused, neglected or financially exploited. Call 911 if the circumstances are life-threatening.

Changing residence

You can move the protected person to another residence in Utah without the court's permission. However, you must:

• file with the court a notice of your intent to move at least 10 days before the move, and
• serve the notice on the interested persons within 10 days of the move

There are no forms to report the intent to move. A letter or email will do. Address your letter or email to the clerk of the court that appointed you. Be sure to include your case number and the person’s name.

Utah Code 75-5-312(3)(f)(iv).

You do need the court's permission to transfer the guardianship and conservatorship to another county within Utah or to another state. For more information, see our page on Moving a Guardianship or Conservatorship.

You must also notify the court if you move. Rule of Civil Procedure 76.

The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.