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Kim Allshouse MSW MA Private Guardianship for Adults with Developmental Disability Who might need a guardian A guardian can be appointed for a person 18 years or older with a diagnosed developmental disability ID: 300609

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Slide1

Prepared byKim Allshouse, MSW, MA

Private Guardianship for Adults with Developmental DisabilitySlide2

Who might need a guardian?A guardian can be appointed for a person 18 years or older with a diagnosed developmental disability

Not every person with a developmental disability is in need of guardianshipA guardian should be considered if:The person is unable to make his or her own decisionsThe person is able to make his or her own decisions, but consistently

makes decisions that put himself/herself in situations that are dangerous or where there is substantial risk of exploitationSlide3

Guardianship

Who needs a guardian?

Alternatives to guardianship

Petition process

Evaluation Process

Duties of a guardian

Rights of a person with a guardianSlide4

Probate and Family CourtProbate court judges decide in cases where a family member, friend, or other private citizen has petitioned for guardianship (14 V.S.A. Section 3060)

Family court judges decide in cases where there is a petition for a public guardian assigned through the Office of Public Guardian Slide5

14 V.S.A. Section 3060

“Guardianship for mentally disabled persons shall be utilized only as necessary to promote the well-being of the individual and to protect the individual from violations of his human and civil rights. It shall be designed to encourage the development and maintenance of maximum self-reliance and independence in the individual and shall be ordered only to the extent required by the individual’s actual mental and adaptive limitations.”Slide6

14 V.S.A. Section 3061A person is in need of guardianship if:

The person is mentally disabledThe person is at least eighteen years of ageThe person is unable to meet his/her needs for medical care, nutrition, clothing, shelter, hygiene or safety so that physical injury, illness or disease has occurred or is likely to occur in the near future The person is unable to manage his or her financial affairs as evidenced by gross mismanagement of income and resources which is likely in the near future to lead to financial vulnerability Slide7

Alternatives to Guardianship

Guardianship involves the removal of rights. Alternatives to guardianship should be considered if the individual is able to voice his/her own needs and dreams and has a person who is able to support him/her by:Listening to the individual’s voice

Honestly assessing the individual’s ability

Respecting the individual’s dream

Being available in times of crisis

Being willing to do needed paperwork

Being a creative advocate

Keeping the person informed about what he/she is doingSlide8

Other Alternatives to GuardianshipRepresentative Payee

Joint Checking AccountDirect DepositPower of AttorneySpecial Needs TrustHealth Care Agent (Advance Directives)Slide9

Guardianship Process (Probate Court)

Interested party files petition in county where person livesIn many counties, the person for whom the petition is made (respondent) must be no less than three months from reaching the age of 18

Petition must be accompanied with the Statement of the Proposed Ward’s Assets and Income (Form 73) and by the List of Interested Persons for a Guardianship (Form 75)

Petitioner is asked to supply the name of an independent evaluator to evaluate respondent’s need for guardianship supports

A filing fee is charged

The petitioner may be asked to pay legal fees for legal representation appointed to respondentSlide10

Guardianship Process (Probate Court)

After Petition is filed:

Court appoints attorney for respondent

Evaluation is ordered

Evaluation completed and returned to court

Guardian ad

litem

may be appointed

Hearing is held

Judge makes decision (usually takes 45 – 60 days from time of filing to obtain court order)

Guardian posts bond Slide11

Powers of Guardians – 14 V.S.A. Section 3069

General SupervisionPower to choose or change residence, care, education, employment, supportive services

Contracts

Power to approve or withhold approval of any contract

Property

Power to approve or withhold approval of the individual’s request to sell or encumber property

Financial

Power to exercise supervision over the individual’s income and resources

Medical

Power to consent to surgery or other medical procedures

Judicial

Power to receive, sue for, and recover debts and demands due to the individual, to maintain and defend actions or suits, settle accounts….Slide12

The Evaluation Process - Interviews

Interview petitioner either by phone or in person

Ask for information regarding respondent’s abilities in each of the powers of guardianship

Arrange appointment to interview individual for whom petition has been filed

Based on the abilities of the respondent, interview him/her in a semi-structured format which queries his/her skills and knowledge in six areas of guardianship.

Interview other interested parties (case manager, school services, etc.)Slide13

The Good Guardian

A good guardian helps ensure that the person is: SafeLives in a safe homeLives with people who treat him/her right

Has appropriate clothing

Has a good support system, if needed

Source: DDMHS/DS, How to be a good guardianSlide14

The Good Guardian

A good guardian helps ensure that the person is: HealthyMake good food choices

Provide equipments, glasses, adaptive technology, etc.

Choose good doctors

Regular check ups

No unnecessary medications

Appropriate, quality hospital care

Help make choices about medical treatmentSlide15

The Good Guardian

Not cheatedMoney is not stolen

Charges are fair (purchases, rental agreements)

Loans are repaid

Deposit is returned when moving

People do not take belongings without compensation

Work is paid

A good guardian helps ensure that the person is:Slide16

The Good Guardian

Get and Keep Rights

Find a good lawyer, if needed

Receive mail, use the phone and see family as desired

Listen to the person at all meetings

Have choices and help to make own decisions

Get services and benefits to which the person is entitled

Vote

Have Privacy

The good guardian supports the person to:Slide17

The good guardian supports the person to:

Make his/her own decisions

Help the person follow his/her dreams

Be more independent

Find people to listen to desires

Find people to help take the necessary steps to support dreams and desires

Believe in the person’s gifts and talents

Support efforts to learn to make choices and decisions independently

Make sure the person knows how to appeal if dissatisfied with the guardian

The Good GuardianSlide18

A Guardian Should

Call and visit oftenReturn callsVisit often if hospitalizedListen to the person’s thoughts and desiresHelp make decisions

Treat the person with respect, as an adult

Attend important meetings

Respect his/her privacy Slide19

A Guardian Should NOT

Have a conflict of interestMake decisions without consulting the personBe disrespectfulMake decisions where the Court has not given powerTreat the person as a childSlide20

Rights of a Person with a GuardianAsk court for a different guardian

Ask to have guardianship order modified Appeal a decision of the guardianAsk court to terminate guardianship (Vermont Legal Aid)Slide21

Other Duties of A Guardian (Probate Court)Annual Personal Status Report

(Probate Court Form No. 93)Annual Financial accounting (Probate Court Form No. 89A)Notify court of change of addressObtain court approval for move to more restrictive settingObtain court approval for certain medical decisionsSlide22

For More Information

Probate Court website

vermontjudiciary.org

Forms

Probate Forms

Guardianship Involuntary

Guardianship Petition

DAIL website

http://dail.vermont.gov

Division of Disability and Aging Services

Office of Public Guardian

How to petition for guardianship

Private guardianship for mentally disabled adults