Guardianship and Conservatorship Resources Amendments

15
17-77-301
26B-1-244
26B-5-382
75A-9-108
0
Guardianship and Conservatorship Resources Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jennifer Dailey-Provost
Senate Sponsor:
LONG TITLE
General Description:
This bill addresses guardianship and conservatorship resources.
Highlighted Provisions:
This bill:
requires local mental health authorities, the state protection and advocacy agency, and
certain offices and divisions within the Department of Health and Human Services to
provide information and referrals to resources related to guardianship and
conservatorship to individuals that contact those entities;
permits the Office of Public Guardian to provide training and assistance related to
guardianship and conservatorship;
amends provisions related to an advance mental health care directive to include an
individual's preferences regarding a person to serve as guardian for the individual;
defines terms; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-77-301
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
26B-5-382
, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
75A-9-108
, as enacted by Laws of Utah 2025, Chapter 439
ENACTS:
26B-1-244
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
17-77-301
is amended to read:
17-77-301
. Local mental health authorities -- Responsibilities.
(1)
(a)
(i)
In each county other than a county described in Subsection
(1)(a)(ii)
or (iii),
the county legislative body is the local mental health authority.
(ii)
In each county operating under a county executive-council form of government
under Section
17-62-203
, the county legislative body is the local mental health
authority, except that the county executive administers any contract for plan
services.
(iii)
In each county operating under a council-manager form of government under
Section
17-62-204
, the county manager is the local mental health authority.
(b)
Within legislative appropriations and county matching funds required by this section,
under the direction of the division, each local mental health authority shall:
(i)
provide mental health services to individuals within the county; and
(ii)
cooperate with the division's efforts to promote integrated programs that address
an individual's substance use, mental health, and physical healthcare needs, as
described in Section
26B-5-102
.
(c)
Within legislative appropriations and county matching funds required by this section,
each local mental health authority shall cooperate with the department's efforts to
promote a system of care, as defined in Section
26B-5-101
, for minors with or at risk
for complex emotional and behavioral needs, as described in Section
26B-5-101
.
(2)
(a)
By executing an interlocal agreement under
Title 11, Chapter 13
, Interlocal
Cooperation Act, two or more counties may join to:
(i)
provide mental health prevention and treatment services; or
(ii)
create a united local health department that combines substance use treatment
services, mental health services, and local health department services in
accordance with Subsection
(3)
.
(b)
The legislative bodies of counties joining to provide services may establish
acceptable ways of apportioning the cost of mental health services.
(c)
Each agreement for joint mental health services shall:
(i)
(A)
designate the county treasurer of one of the participating counties or another
individual as the treasurer for the combined mental health authorities and as the
custodian of money available for the joint services; and
(B)
provide that the designated county treasurer, or other disbursing officer
authorized by the designated county treasurer, may make payments from the
money available for the joint services upon audit of the appropriate county
auditor representing the participating counties;
(ii)
provide for the appointment of an independent auditor or a county auditor of one
of the participating counties as the designated auditing officer for the combined
mental health authorities;
(iii)
(A)
provide for the appointment of the county attorney or district attorney of
one of the participating counties as the designated legal officer for the
combined mental health authorities; and
(B)
authorize the designated legal officer to request and receive the assistance of
the county or district attorneys of the other participating counties in defending
or prosecuting actions within their counties relating to the combined mental
health authorities; and
(iv)
provide for the adoption of management, clinical, financial, procurement,
personnel, and administrative policies as already established by one of the
participating counties or as approved by the legislative body of each participating
county or interlocal board.
(d)
An agreement for joint mental health services may provide for:
(i)
joint operation of services and facilities or for operation of services and facilities
under contract by one participating local mental health authority for other
participating local mental health authorities; and
(ii)
allocation of appointments of members of the mental health advisory council
between or among participating counties.
(3)
(a)
A county governing body may elect to combine the local mental health authority
with:
(i)
the local substance abuse authority created in
Part 2, Local Substance Abuse
Authorities
; or
(ii)
the local health department created in
Title 26A, Chapter 1, Part 1
, Local Health
Department Act.
(b)
A local mental health authority that joins with a united local health department shall
comply with this part.
(4)
(a)
Each local mental health authority is accountable to the department and the state
with regard to the use of state and federal funds received from the department for
mental health services, regardless of whether the services are provided by a private
contract provider.
(b)
(i)
Each local mental health authority shall comply, and require compliance by the
local mental health authority's contract provider, with all directives issued by the
department regarding the use and expenditure of state and federal funds received
from the department for the purpose of providing mental health programs and
services.
(ii)
The department shall:
(A)
ensure that directives issued by the department described in Subsection
(4)(b)(i)
are not duplicative or conflicting; and
(B)
consult and coordinate with local mental health authorities with regard to
programs and services.
(5)
(a)
Each local mental health authority shall:
(i)
review and evaluate mental health needs and services, including mental health
needs and services for:
(A)
an individual incarcerated in a county jail or other county correctional facility;
and
(B)
an individual who is a resident of the county and who is court ordered to
receive assisted outpatient treatment under Section
26B-5-351
;
(ii)
in accordance with Subsections
(5)(b)
and
(c)
, annually prepare and submit to the
division a plan approved by the county legislative body for mental health funding
and service delivery, either directly by the local mental health authority or by
contract;
(iii)
establish and maintain, either directly or by contract, programs licensed under
Title
26B, Chapter 2, Part 1
, Human Services Programs and Facilities;
(iv)
appoint, directly or by contract, a full-time or part-time director for mental health
programs and prescribe the director's duties;
(v)
provide input and comment on new and revised rules established by the division;
(vi)
establish and require contract providers to establish administrative, clinical,
personnel, financial, procurement, and management policies regarding mental
health services and facilities, in accordance with the rules of the division, and state
and federal law;
(vii)
establish mechanisms allowing for direct citizen input;
(viii)
annually contract with the division to provide mental health programs and
services in accordance with the provisions of
Title 26B, Chapter 5
, Health Care -
Substance Use and Mental Health;
(ix)
comply with all applicable state and federal:
(A)
statutes;
(B)
policies;
(C)
audit requirements;
(D)
contract requirements; and
(E)
any
directives resulting from those audits and contract requirements;
(x)
provide funding equal to at least 20% of the state funds that it receives to fund
services described in the plan;
(xi)
comply with the requirements and procedures of:
(A)
Title 11, Chapter 13, Interlocal Cooperation Act
;
(B)
Title 17B, Chapter 1, Part 6, Fiscal Procedures for Special Districts
; and
(C)
Title 51, Chapter 2a, Accounting Reports from Political Subdivisions
,
Interlocal Organizations, and Other Local Entities Act;
(xii)
take and retain physical custody of minors committed to the physical custody of
local mental health authorities by a judicial proceeding under
Title 26B, Chapter
5, Part 4, Commitment of Persons Under Age 18
; and
(xiii)
cooperate with the Department of Corrections to complete the requirements
described in Section
64-14-204
.
(b)
Each plan under Subsection
(5)(a)(ii)
shall include services for adults, youth, and
children, which shall include:
(i)
inpatient care and services;
(ii)
residential care and services;
(iii)
outpatient care and services;
(iv)
24-hour crisis care and services;
(v)
psychotropic medication management;
(vi)
psychosocial rehabilitation, including vocational training and skills development;
(vii)
case management;
(viii)
community supports, including:
(A)
in-home services;
(B)
housing;
(C)
family support services; and
(D)
respite services;
(ix)
consultation and education services, including:
(A)
case consultation; and
(B)
collaboration with other county service agencies, public education, and public
information;
(x)
services to an individual incarcerated in a county jail or other county correctional
facility; and
(xi)
services to an individual described in Subsection
64-14-204(8)(a)
.
(c)
Each plan under Subsection
(5)(a)(ii)
shall include, in a form and format usable by a
first responder, an inclusive list of providers of mental health services for individuals
within the local mental health authority's jurisdiction.
(6)
(a)
If a local mental health authority provides for a local mental health crisis line
under the plan for 24-hour crisis care and services described in Subsection
(5)(b)(iv)
,
the local mental health authority shall:
(i)
collaborate with the statewide mental health crisis line described in Section
26B-5-610
;
(ii)
ensure that each individual who answers calls to the local mental health crisis line:
(A)
is a mental health therapist or a crisis worker; and
(B)
meets the standards of care and practice established by the Division of
Integrated Healthcare, in accordance with Section
26B-5-610
; and
(iii)
ensure that when necessary, based on the local mental health crisis line's
capacity, calls are immediately routed to the statewide mental health crisis line to
ensure that when an individual calls the local mental health crisis line, regardless
of the time, date, or number of individuals trying to simultaneously access the
local mental health crisis line, a mental health therapist or a crisis worker answers
the call without the caller first:
(A)
waiting on hold; or
(B)
being screened by an individual other than a mental health therapist or crisis
worker.
(b)
If a local mental health authority does not provide for a local mental health crisis line
under the plan for 24-hour crisis care and services described in Subsection
(5)(b)(iv)
,
the local mental health authority shall use the statewide mental health crisis line as a
local crisis line resource.
(7)
Before disbursing any public funds, each local mental health authority shall require that
each entity that receives any public funds from a local mental health authority agrees in
writing that:
(a)
the entity's financial records and other records relevant to the entity's performance of
the services provided to the mental health authority shall be subject to examination
by:
(i)
the division;
(ii)
the local mental health authority director;
(iii)
(A)
the county treasurer and county or district attorney; or
(B)
if two or more counties jointly provide mental health services under an
agreement under Subsection
(2)
, the designated treasurer and the designated
legal officer;
(iv)
the county legislative body; and
(v)
in a county with a county executive that is separate from the county legislative
body, the county executive;
(b)
the county auditor may examine and audit the entity's financial and other records
relevant to the entity's performance of the services provided to the local mental health
authority; and
(c)
the entity will comply with the provisions of Subsection
(4)(b)
.
(8)
(a)
A local mental health authority may receive for mental health services:
(i)
property;
(ii)
grants;
(iii)
gifts;
(iv)
supplies;
(v)
materials;
(vi)
contributions; and
(vii)
any benefit derived from the items described in Subsections
(8)(a)(i)
through
(vi)
.
(b)
If the items described in Subsections
(8)(a)(i)
through (vi) are conditioned upon their
use for a specified service or program, they shall be so used.
(9)
Public funds received for the provision of services in accordance with the local mental
health plan may not be used for any other purpose except those authorized in the
contract between the local mental health authority and the provider for the provision of
plan services.
(10)
A local mental health authority shall:
(a)
provide assisted outpatient treatment services to a resident of the county who has
been ordered under Section
26B-5-351
to receive assisted outpatient treatment; and
(b)
to the extent feasible, coordinate with the Department of Corrections to ensure the
continuity of mental health services for county residents who are on probation or
parole.
(11)
(a)
A local mental health authority shall provide to an individual that contacts the
local mental health authority information and referrals to resources regarding
guardianship and conservatorship, including about:
(i)
alternatives to guardianship or conservatorship;
(ii)
the Office of Public Guardian and other guardianship or conservatorship agencies;
(iii)
family support organizations and agencies;
(iv)
how to apply for guardianship or conservatorship;
(v)
training on:
(A)
alternatives to guardianship;
(B)
court processes and procedures; and
(C)
serving as a guardian or conservator;
(vi)
mental health resources, including resources provided by:
(A)
the local mental health authority;
(B)
the department; and
(C)
local and national private organizations;
(vii)
how to find a guardianship-specific attorney, including information about how
to access the Utah State Bar attorney directory or other attorney directories;
(viii)
free legal resources, including:
(A)
the Utah State Law Library's self-help center established in accordance with
Section
9-7-313
;
(B)
legal clinics; and
(C)
other agencies and organizations providing free legal assistance;
(ix)
court resources; and
(x)
regulations and standards related to guardianship and conservatorship.
(b)
The local mental health authority shall provide information and referrals described in
Subsection
(11)(a)
to each individual that contacts the local mental health authority,
regardless of the method of contact, including:
(i)
by phone;
(ii)
by email;
(iii)
through the local mental health authority's website; or
(iv)
any other method of contact.
Section 2. Section
26B-1-244
is enacted to read:
26B-1-244
. Guardianship and conservatorship public education and resources --
Training and assistance provided by the Office of Public Guardian.
(1)
As used in this section, "covered entity" means:
(a)
the Office of Substance Use and Mental Health created in Section
26B-5-102
;
(b)
the Division of Aging and Adult Services created in Section
26B-6-102
;
(c)
the Office of Public Guardian created in Section
26B-6-302
;
(d)
the Division of Services for People with Disabilities created in Section
26B-6-402
;
and
(e)
the entity designated by the governor as the protection and advocacy agency for
disabled individuals in the state.
(2)
A covered entity shall provide to an individual that contacts the covered entity
information and referrals to resources regarding guardianship and conservatorship,
including about:
(a)
alternatives to guardianship or conservatorship;
(b)
the Office of Public Guardian and other guardianship or conservatorship agencies;
(c)
family support organizations and agencies;
(d)
how to apply for guardianship or conservatorship;
(e)
training on:
(i)
alternatives to guardianship;
(ii)
court processes and procedures; and
(iii)
serving as a guardian or conservator;
(f)
mental health resources, including resources provided by:
(i)
local mental health authorities;
(ii)
the department; and
(iii)
local and national private organizations;
(g)
how to find a guardianship-specific attorney, including information about how to
access the Utah State Bar attorney directory or other attorney directories;
(h)
free legal resources, including:
(i)
the Utah State Law Library's self-help center established in accordance with
Section
9-7-313
;
(ii)
legal clinics; and
(iii)
other agencies and organizations providing free legal assistance;
(i)
court resources; and
(j)
regulations and standards related to guardianship and conservatorship.
(3)
A covered entity shall provide information and referrals described in Subsection
(2)
to
each individual that contacts the covered entity, regardless of the method of contact,
including:
(a)
by phone;
(b)
by email;
(c)
through the covered entity's website; or
(d)
any other method of contact.
(4)
(a)
The Office of Public Guardian may provide training or assistance to the public
related to guardianship and conservatorship including:
(i)
training on alternatives to guardianship;
(ii)
training on and assistance with navigating court processes and procedures; and
(iii)
training serving as a guardian or conservator.
(b)
An employee or volunteer of the Office of Public Guardian that provides the training
or assistance described in Subsection
(4)(a)
may not represent parties or give legal
advice.
Section 3. Section
26B-5-382
is amended to read:
26B-5-382
. HOME Court Pilot Program -- Requirements -- Funding --
Reporting.
(1)
As used in this section, "pilot program" means the HOME Court Pilot Program
established in Subsection
(2)
.
(2)
Subject to appropriations from the Legislature and the assignment of a judge to preside
over the proceedings, the Third Judicial District Court of Salt Lake County shall
establish and administer a HOME Court Pilot Program beginning October 1, 2024, and
ending June 30, 2029, that provides for comprehensive and individualized,
court-supervised treatment and services to individuals with mental illness.
(3)
The pilot program shall:
(a)
allow a person to petition the court for an order requiring an individual's participation
in the pilot program;
(b)
require the court to substitute the local mental health authority as the petitioner if the
initial petitioner is not the local mental health authority;
(c)
provide an opportunity for the parties to enter into an agreement regarding an
individual's participation in the pilot program, including a treatment plan, prior to a
court order under Subsection
(3)(e)
;
(d)
provide for a hearing at which information is presented to determine whether an
individual qualifies for court-ordered participation in the pilot program as provided in
Subsection
(3)(e)
;
(e)
require the court to order an individual to participate in the pilot program if, upon
completion of the hearing described in Subsection
(3)(d)
, the court finds by clear and
convincing evidence that:
(i)
the individual resides or may be presently found within Salt Lake County;
(ii)
the individual has a mental illness;
(iii)
because of the individual's mental illness, the individual:
(A)
is unlikely to survive or remain safe without supervision, assistance, or
services; or
(B)
meets the criteria described in Subsection
26B-5-351(14)(c)(i)
or (ii);
(iv)
there is no appropriate less-restrictive alternative to a court order for participation
in the pilot program;
(v)
the individual is likely to benefit from participation in the pilot program; and
(vi)
there is adequate capacity within the pilot program to meet the individual's need
for services described in Subsection
(3)(f)
;
(f)
upon the court's order for an individual to participate in the pilot program, require the
local mental health authority to prepare a comprehensive and individualized
treatment plan, for approval by the court, that includes the following components for
the individual to successfully achieve the purposes of the pilot program:
(i)
mental health services;
(ii)
housing resources;
(iii)
social services;
(iv)
case management;
(v)
peer support;
(vi)
exit or transition services; and
(vii)
individualized goals for the successful completion of the pilot program;
(g)
upon the court's approval of a treatment plan prepared by the local mental health
authority:
(i)
require the local mental health authority to coordinate services required for
participation in the pilot program; and
(ii)
require the court to conduct regular review hearings as deemed necessary to
evaluate the individual's progress in completing the treatment plan; and
(h)
operate in a manner that is consistent with the procedures for ordering assisted
outpatient treatment under Section
26B-5-351
.
(4)
(a)
(i)
If a individual participating in the pilot program has an outstanding warrant
or pending criminal matter in another Utah court, the Third Judicial District Court
of Salt Lake County may notify the other court in which the individual has an
outstanding warrant or pending criminal matter regarding the individual's
participation in the pilot program.
(ii)
Upon receiving notice of an individual's participation in the pilot program under
Subsection
(4)(a)(i)
, the other court may, if deemed appropriate, recall the warrant
or stay the case in which the individual is involved unless the warrant or case
involves a felony charge.
(iii)
In determining whether to recall a warrant or stay a case under Subsection
(4)(a)(ii)
, the other court shall consider the likelihood of the individual's
successful completion of the pilot program, the severity of the pending charges,
the impact on victims' rights, and the impact on the government's ability and right
to prosecute the case.
(b)
(i)
If an individual described in Subsection
(4)(a)(i)
successfully completes the
pilot program, the Third Judicial District Court of Salt Lake County may notify
the other court in which the individual has an outstanding warrant or pending
criminal matter regarding the individual's successful completion of the pilot
program.
(ii)
Upon receiving notice of an individual's successful completion of the pilot
program under Subsection
(4)(b)(i)
, the other court shall consider the effect of the
individual's completion of the pilot program on the case pending before that court,
including the dismissal of criminal charges if deemed appropriate.
(5)
(a)
Costs of all services provided under the pilot program, including the costs
incurred by the multidisciplinary team described in Subsection
(5)(b)(ii)(B)
, shall be
paid by Salt Lake County.
(b)
If the Legislature appropriates money to the division for implementation of the pilot
program, the division shall:
(i)
require the local mental health authority, as part of the plan required under
Subsection
17-77-301(5)
, to submit to the division a proposal for implementation
of the pilot program on or before May 15 of each year;
(ii)
review the proposal described in Subsection
(5)(b)(i)
to ensure that the proposal:
(A)
meets the requirements of this section; and
(B)
establishes a multidisciplinary team, with a sufficient number of stakeholders,
to adequately address the provision of treatment and services under the pilot
program;
(iii)
upon approval of the proposal described in Subsection
(5)(b)(i)
, contract funds
appropriated for the pilot program with the local mental health authority; and
(iv)
conduct an annual audit and review of the local mental health authority, and any
contracted provider, regarding the use of funds appropriated for the pilot program.
(c)
The matching requirement in Subsection
17-77-301(6)(a)(x)
17-77-301(5)(a)(x)

does not apply to funds appropriated by the Legislature for the pilot program.
(d)
Subject to appropriation by the Legislature, Salt Lake County may:
(i)
apply to the division to receive funds to cover the county's costs under the pilot
program; and
(ii)
pay county contributions to the nonfederal share of Medicaid expenditures with
funds appropriated for the pilot program.
(6)
The department shall:
(a)
establish and evaluate metrics for the success of the pilot program with input from
the local mental health authority, the Utah Homeless Services Board created in
Section
35A-16-204
, and the Judicial Council; and
(b)
in collaboration with the local mental health authority, submit to the Health and
Human Services Interim Committee a report on or before June 30 of each year,
beginning in calendar year 2025, regarding the outcomes of the pilot program.
Section 4. Section
75A-9-108
is amended to read:
75A-9-108
. Advance mental health care directive.
(1)
(a)
An individual may create an advance health care directive that addresses only
mental health care for the individual.
(b)
The directive may include a health care instruction, a power of attorney for health
care, or both.
(2)
A health care instruction under this section may include the individual's:
(a)
general philosophy and objectives regarding mental health care; or
(b)
specific goals, preferences, and wishes regarding the provision, withholding, or
withdrawal of a form of mental health care, including:
(i)
preferences regarding professionals, programs, and facilities;
(ii)
admission to a mental-health facility, including duration of admission;
(iii)
preferences regarding medications;
(iv)
refusal to accept a specific type of mental health care, including a medication;
and
(v)
preferences regarding crisis intervention
.
; and
(vi)
preferences regarding a person to serve as guardian for the individual if one is
appointed, including an emergency guardian appointed in accordance with Section
75-5-310
.
(3)
A power of attorney for health care under this section may appoint an agent to make
decisions only for mental health care.
Section 5.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-17-26 10:23 AM