An evaluation of activities of daily living is an evaluation of activities people perform daily including activities such as feeding oneself, bathing, dressing, grooming, work, homemaking, and leisure. A person’s ability to perform these activities appropriately and without assistance is a primary consideration in Guardianship cases when deciding whether or not someone is able to handle their financial or health affairs. A Utah City guardianship lawyer can advise you on the role of the daily living evaluation.
The Utah law on Guardianships provides definitions for “activities of daily living” as well as other important considerations in a Guardianship case such as “functional limitations” and “least restrictive form of intervention”. In other parts, the statute provides that in connection with determining whether a person is incapacitated, the Court should consider a person’s functional level and limitations and that this determination should include an assessment of a person’s ability to manage his activities of daily living.
The law establishes a procedure for the appointment of a Guardian. Although a Court may determine that a person is incapacitated, the Court generally will appoint a Guardian with powers that are the least restrictive to assist a person with their needs and allow them to maintain the greatest amount of independence. Activities of daily living evaluation is essential.
A Guardianship proceeding may be initiated in instances where a person, due to illness or accident, is unable to perform activities of daily living and the incapacity results in possible risk to the person’s welfare. Sometimes, a Guardianship may be needed when a person who is suffering from a diminished capacity is acting irresponsibly by failing to pay his bills such as rent or mortgage payments or utility bills. This conduct puts the person at risk.
An evaluation of activities of daily living provides a Court with a guideline in making determinations in Guardianship matters.
Guardianship cases involve a presentation of clear and convincing evidence that a person is incapacitated and will suffer harm if a Guardian is not appointed. In many instances the proof regarding incapacity is not clear. For example, a Guardian will not be appointed solely because a person adopts a lifestyle that may seem odd. If a person decides to live in his car or acts immaturely or is unsuccessful in business ventures such conduct will not, by itself, demonstrate the need for a Guardian. As a result, each Guardianship case must be reviewed by the Court very carefully to ascertain the circumstances and need for intervention before an alleged incapacitated person’s rights are limited by a Court mandated Guardianship.
A Guardianship Attorney needs to be familiar with the provisions of the law. Each case has different facts and circumstances. All factors must be analyzed thoroughly so that the presentation of the Guardianship case to the Court will allow the Judge to make a clear determination as to incapacity. A complete presentation of facts also provides a Court with the information needed to provide the Guardianship control and power that will be best suited for the person who is incapacitated.
Free Initial Consultation with a Guardianship Lawyer
When you need help with a guardianship in Utah, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506