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: nsc.publicguardian@Nebraska.gov