Finding Legal Help
You are not required to hire an attorney, but legal matters can be complicated. Consider talking to an attorney to go over your options. See the Finding Legal Help page for information about free and low cost ways to get legal help.
Como encontrar ayuda legal
Usted no está obligado a contratar un abogado, pero los asuntos legales pueden ser complicados. Considere la posibilidad de hablar con un abogado para hablar de sus opciones. Para información sobre cómo obtener ayuda legal vea nuestra página Como encontrar ayuda legal.
Choosing a Place for the Protected Person to Live
Guardianship and Conservatorship Home Page
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.
Residence
Level of Assistance Needed
Possible Funding Sources
Residence
Independent Living
Lives in own home or rental unit or subsidized housing.; Lives alone or with spouse, adult children, others.
Level of Assistance Needed
May require in-home services such as assistance with activities of daily living, home health care, care management, specialized transportation, home delivered meals, etc.
Possible Funding Sources
- Area Agency on Aging
- Medicaid
- Private pay
- Programs for individuals with disabilities
- Housing may be subsidized by HUD
- VA
Residence
Residential Home
Residential facility designed to serve adults with chronic disabilities. These homes usually have six or fewer occupants and are staffed 24-hours a day by trained caregivers.
Level of Assistance Needed
Continual assistance with activities of daily living and supervision. May require management if behavior is dangerous to self or others, such as aggression or tendency to run away.
Possible Funding Sources
- Medicaid
- Mental health funding
- Private pay
- Programs for individuals with disabilities
- VA
Residence
Assisted Living
Residential facility designed to serve adults who need 24-hour supervision, but not the 24-hour medical care provided by a nursing home. Range in size from small residential house to large facility.
Level of Assistance Needed
Supervision or assistance with activities of daily living.; Coordination of services.; Medication management by trained staff.
Possible Funding Sources
- Medicaid
- Private pay
- VA
Residence
Skilled Nursing Facility
Residential facility designed to serve adults who are chronically ill or recuperating, need continuous nursing care and other health services, but not hospitalization.
Level of Assistance Needed
Person needs trained staff for help with activities of daily living, medication management, or supervision and nursing care.
Possible Funding Sources
- Medicaid
- Medicare (limited to short-term rehabilitative services)
- Private pay
- VA
Residence
Rehabilitation Center
Often a part of a Skilled Nursing Facility. Short-term residence.
Level of Assistance Needed
Physical therapy and other care during transition to another residential setting.
Possible Funding Sources
- Medicaid
- Medicare (limited to short-term rehabilitative services)
- Private pay
- VA
Residence
Intermediate Care Facility for Intellectual Disabilities
Institution for the treatment, rehabilitation, supervision of people with intellectual disabilities.
Level of Assistance Needed
A protected residential setting with supervision, rehabilitation, evaluation, or care planning
Possible Funding Sources
- Medicaid
- Private pay
- Programs for individuals with disabilities
Residence
Hospital
Provides medical care for people who are ill or injured.
Level of Assistance Needed
Individual requires 24-hour care for a physical illness or injury
Possible Funding Sources
- Insurance
- Private pay
- Medicare
- Medicaid
- other public programs
- VA
Residence
Mental Health Institution
Hospitals specializing in treatment of serious mental illness.
Level of Assistance Needed
Individual needs psychiatric treatment and therapy. While patients may be admitted on a voluntary basis, involuntary commitment is required when a person poses a danger to themselves or others.
Possible Funding Sources
- Insurance
- Private pay
- Medicaid
- VA
Return to TopStaying 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 do not need the court's permission to move the protected person to another residence within Utah, but you must notify the court that you are doing so and provide the court with the protected person's new address. You must also notify the other interested persons. Utah Code Section 75-5-312. There are no forms to report a change in residence; a letter or email will do. Address it to the clerk of the court that appointed you. Be sure to identify the case number and the protected person's name. Send a copy to the interested persons.
You must also notify the court if you move. Rule of Civil Procedure 76 .
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.
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.
