Office of Public GuardianImplementation
State Unit on Aging Presentation
Michelle Chaffee, JD
Public Guardian, Director of the Office of Public Guardian
June 23, 2015
Legislative Finding and IntentLB 920(2014)
Current practice of volunteers inadequate when no willing or qualified individual is available
Office of Public Guardian established to provide services when no private individual is available, priority to serve the needs of ward
Alternatives to full guardianship should always be explored
Public guardian or conservator only to those who can not be served through less intrusive means of intervention
Public Guardianship ActNeb. Rev. Stat. §§30-4101 to 30-4118
1. Creation of the Office of Public Guardian
In the Administrative Office of the Courts
2. Court Administrator shall appoint a Public Guardian
3. Public Guardian- Twelve Associate Public Guardians, average 40 protected persons/wards
4. Appointment of the Advisory Council on Public Guardianship
Appointed by the Court Administrator
5. Promote public awareness of guardians and conservator
6. Create a yearly report to the Legislature
On or before January 1
Duties of the Office of Public GuardianNeb. Rev. Stat. §30-4105,§30-4109,§§30-4114 to 30-4116
1. Act as guardianship/conservatorship of last resort2. Safeguard the rights of individuals by supporting least restrictive manner3. Model the highest standard of practice for guardians/conservators to improve performance of all guardians/conservators in state4. Develop a uniform system of reporting and collecting statistical data regarding guardianship/conservatorship5. Act as resource to guardians/conservators for information, and support to enhance [guardian/conservator] success6. Maintain training programs statewide to offer training curricula 7. Recruit member of public and family to serve as guardians or conservators, make reasonable effort to locate a successor guardian/conservator
Office of Public Guardian Staffing
Director of the Office of Public Guardian, Michelle Chaffee
The Public Guardian
Deputy Director, Marla Fischer-Lempke
Deputy Public Guardian
Education & Outreach Coordinator, Linda Kallhoff
Finance Manager, Peggy Graham
Support staff
Administrative Assistant, Kristin Williams
Administrative Assistant – Intake, Toshiko Nanez
Twelve Associate Public Guardians, now hiring
5B EastCentral,
Lincoln
5A EastCentral,
Lincoln
Court Administrator shall appoint the Public Guardian and Advisory Council
Corey Steel, State Court Administrator
Appointed the Advisory Council on January 2, 2015
County Judge Judge Susan Bazis, Omaha
Attorneys Lisa Line, Omaha
John McHenry, Lincoln
Mike McCarthy, North Platte
Ann Mangiameli, Omaha
Social Worker Julie Sebastian, Omaha
Mental Health Dr. Dennis McNeilly, Omaha
Aging Expert Patricia Cottingham, Lincoln
Developmental Disability Expert Bruce Cudly, Lincoln
At Large Russ Leavitt, Parent/Guardian, Omaha
Darla Schiefelbein, Columbus
Advisory Council on Public Guardianship
The Council Shall:
Advise the Public Guardian on the administration of public guardianships and conservatorships
Council shall act as consultant with Supreme Court as Supreme Court promulgate rules to carry out the Public Guardianship Act Public Guardian
Meet at least 4 times per year
Has 4 times since February, are planning to meet monthly initially
Next meeting scheduled for July 17, 2015
Office of Public Guardian Data and Reporting Requirements
Develop a uniform system of reporting and collecting statistical data regarding guardianships/conservatorship (§30-4109)(1)
Report to State Court Administrator, Chief Justice, and Legislature on the implementation of the Act on or before January 1 each year (§30-4111)
Number and types of guardianships/conservatorships has been appointed
Types: full, limited, temporary
Disposition of appointments
Fees charged and collected
Status of waiting list for services
File an aggregate report, June 30th and January 1 each year, with the State Court Administrator describing efforts to locate successor guardian/conservator (§30-4114)
Court rules and procedureCriteria for Appointment
Supreme Court, upon recommendation by the Public Guardian, in consultation with council, shall promulgate rules to carry out Act (§30-4110)
Office of Public Guardian may provide necessary services (§31-4102)(2)(e))
No one suitable or available
Unwilling, unable, or inappropriate guardians/conservators
Present guardian and conservator does not provide protection or abuses or neglects individual
Alternatives to full guardianship and less intrusive means of intervention explored
Public guardian/conservator only when needs cannot be met through less intrusive means
Court Process of Appointment of Office of Public Guardian
Court may order appointment of Public Guardian (§30-4112)
Only after notice to Public Guardian and determination that the appointment is necessary (§30-4112) and
Will not result in the Public Guardian having more appointments than permitted (average 40 per Associate) (§30-4112)(§30-4115)
Upon reaching the maximum the Public Guardian shall not accept appointments and
Shall notify the State Court Administrator that the maximum has been reached (§30-4115)
Determination of necessary may require the court to ascertain whether there is any other alternative to public guardianship/conservatorship (§30-4112)
“Least restrictive” protection protocol (§30-4102)(1), (§30-4105)(7), (§30-4112)
Charge to Office of Public Guardian:“Model Practice”, “Last Resort”, “Least Restrictive”, “Determination of Necessary”, ”Reports and Data”
Proposal: Court Visitor and/or Guardian ad Litem as Independent Investigator required when Office of Public Guardian is proposed Guardian/Conservator
“
National Probate Code Standard 3.3.4 Court Visitor
Nebraska Statute allows for Guardian ad litem; Visitor for additional information
Visitor would allow for independent investigation to whether any other potential guardian/conservators are available
Determination of necessary standard may require the court to ascertain whether there is any other alternative to public guardianship-
Guardian ad Litem/Visitor provides a process to gain information
Visitor standard report would provide concrete data for reporting
Quantifiable means to provide compliance data and structure to OPG utilization and waiting list process
“Court visitors serve as the eyes and ears of probate courts, making an independent assessment of the need for guardianship/conservatorship” National Probate Code Standard 3.3.4 Court Visitor, Commentary
Office of Public Guardian Volunteer Court Visitor Program
Education and Outreach Coordinator and Associate Public Guardians facilitation Community providers, stakeholders and advocates of adults with incapacity due to: cognitive
impairment, mental health issues, developmental disabilities, medical issues, and substance abuse. OPG Service Areas Model programs and Resources from Visitor programs in other states Court Visitor -expertise and experience with population; Protocols- duties, qualifications, selections, training, confidentiality, competency, suitability, liability,
ethics, OPG identified as potential guardian/conservator:
Standard Court Visitor report and guardian/conservator case screening process, Forms to maximize standardization of data collection, Independent information, Ability to query for reports, Protocols for compliance with statutes and OPG appointment, Equitable, fair resource utilization for appointments and waiting lists, Enhanced information to court regarding case and persons;
Volunteer Court Visitor list for courts (§30-2624 “The court shall maintain a current list of persons trained in or having demonstrated expertise in the areas of mental health intellectual disability, drug abuse, alcoholism, gerontology, nursing, and social work, for the purpose of appointing a suitable visitor.”)
Implementation OPG, National Guardianship Association:
Ethics & standards of practice: mission, vision, purpose, etc.
Operating Standards
Governing Authority: statutes, AOC
Advisory Council
Judicial branch & interaction with other 2 branches & federal government
Personnel Standards
Employing competent staff to provide quality service
Recruiting, training, & retaining personnel
Program Staff
Hiring Practices
Orientation Training
Continuing Education,
Administrative & Support Staff Training
Job Descriptions
Annual Reviews
Use of Volunteers (visitors & guardians/conservators)
Job Descriptions
Training
Certification requirements for program staff
Fiscal Standards
Fee structure
Fiscal controls
Agency financial records
Client financial records
Required reports
Program Services Standards
Persons served (clientele)
Intake/referral process
Forms and Objections process
Waiting list
Case assignment & weighting procedure
Guardianship/conservatorship plan procedure
Guardianship supervision/support
Documentation, confidentiality, and record retention
Emergency coverage procedure
Client funds management
Required reports
Quality Improvement and Grievance Procedure
Agency Standards, NGA Model Practice, Standard of Ethics
Office of Public Guardian Financial Protocols and Controls
Organizational Collective Account “Office of Public Guardian for Protected Persons, Social Security and VA Beneficiaries”
480 protected persons accounts under the Office of Public Guardian
Compliance with Social Security, VA and governmental and financial protocols
EMS and Bank import/export; Financial reports and OPG fiscal controls
Purchase Card Create purchase card payment options for
protected person spending and tracking of accounts
Purchase Card minimize costs and provides fiscal control
Key Features Flexible authorization system and cardholder
spending oversight Wide card acceptance- retail, groceries, stores,
etc. Access Online web-enabled reporting Supplier management and enablement solutions Real-time authorization system Increase Purchase Program Controls Velocity monitoring Cardholder single-purchase limit and cycle
spending limit options
Case Management and Fiscal Oversight: Enrollment Management System (EMS Software)
Retain personal information for Wards and Estates
Ward's residential details such as address or Institutional Information
Important numbers and dates (Case, SSN, Tax id, Medicare, Medicaid, VA, birth, majority, acquired, death, closed, letters)
Guardian Status (Guardian, Conservator, Personal Representative,…customizable)
Ward Status (disabled, incapacitated, decedent, minor,…also customizable)
Funeral arrangements and Last Will and Testament Insurance Information (for any type of insurance) Store residence history Information on Support organizations or resources
(Attorney, Case Worker, Doctor,…customizable, too)
Photographs of the ward and their inventory Medical Diagnosis, meds, Manage financial information Checking, Savings, Annuity and Trust accounts Bank reconciliation - Manually or Automatically with
a file downloaded from the bank Handle multiple ward accounts independently Maintain separate financial records for each ward
using pooled accounts
Reporting Reports that contain needed detail
clearly laid out for viewing Initial and amended inventory Annual settlements and Annual Status
Reports (many styles) Categorized receipts and
disbursements Annual Settlement review for month
and day Informational data records and notes Reminders of upcoming events Notification of annual settlement not
balancing Inventory tracking Check writing features Ward filtering by case manager Calculation of automatic transactions
including automatic check printing Guardian expenses per ward and
expenses for office Guardian budget vs actual expenses Import transactions from MS Money Medicaid warning when bank balance
exceeds a specified dollar amount
Responsibilities to Private Guardians by Office of Public Guardian
The Office of Public Guardian provides:
Education
To all guardians and conservators
Court visitor training
About rights within the process
Information
About the Office of Public Guardian
About guardianship, conservatorship, and alternatives
Support
To all guardians and conservators
Recruitment
Successor guardians and conservators
Court visitors
Promote Public Awareness of Guardian and Conservatorships
Maintain training programs for private guardians, successor guardians and interested parties to include:
Guardian understand ward disabilities and Conservators to understand fiduciary duties
Help guardian encourage independence of ward as appropriate
Help guardian with plans and reports and conservator accountings
Advise on ways to secure rights, benefits and services for ward and protected persons
Office of Public Guardian will promote:
The awareness of guardianship and conservatorships
The responsibility attached
The need for volunteers to serve as private guardians and conservators
The Office of Public Guardian Contact Information
Office of Public Guardian
Nebraska Supreme Court
PO Box 98910
Lincoln, NE 68509
Phone: 402-471-2862
Fax: 402-471-2197
Email: [email protected]