volunteer guardian training · why volunteer guardians? an immediate family member or close...
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VOLUNTEER GUARDIAN TRAININGArlington County Volunteer Guardian Program
TABLE OF CONTENTS
• Lesson 1: Overview
• Lesson 2: Duties of a Guardian
• Lesson 3: Duties of a Conservator
• Lesson 4: Other Miscellaneous Information
LESSON 1: OVERVIEW
WHAT IS GUARDIANSHIP?
Guardianship is a court ordered relationship.
It is a legal process that:
• Declares a person legally incapacitated
• Removes certain types of decision making authority from that person
• Appoints another person legally responsible for making decision for that person
Once enacted, guardianships and conservatorships can only be revoked by a court order or the death of the individual
ARE THERE ALTERNATIVES?
Because guardianship removes basic constitutional and legal rights - it is always considered a remedy of last resort
Other less restrictive options are available:
• Durable Power of Attorney for finances, health care or a living will
• Representative Payee, custodial account, joint accounts, revocable living trust
• Geriatric Care Manager
GOVERNING LAWS
Laws governing guardianship and conservatorship in the State of Virginia fall under the Code of Virginia §64.2-20 Guardianship and Conservatorship.
Article 1. covers the Appointment Process for guardians and conservators.
Article 2. details the Power, Duties and Liabilities of guardians and conservators.
The Volunteer Guardian Program in Arlington County follows these
statutes in the management of the Volunteer Guardian Program
WHO IS THE PERSON UNDER GUARDIANSHIP?
The person under guardianship (sometimes also
referred to as the ward) is a person who has lost the
ability to effectively manage his or her own affairs, or
to protect his or her own health, safety or welfare.
Poor judgement or bad decision making ALONE is not a basis for
guardianship
HOW DOES A PERSON BECOME INCAPACITATED?
Reasons a person may be incapacitated:
• Intellectual or developmental disability
• Age-related dementia or other cognitive impairment
• Traumatic brain injury
• Mental illness
WHAT KIND OF DECISIONS?
A guardian makes decisions about:
• Where the person will live
• What medical treatment/procedures a person should have
• What social/recreational activities a person can participate in
WHAT KIND OF DECISIONS?
If the person under guardianship has assets (money/property) or income, then a conservator may also be appointed to:
• Pay bills
• Buy/sell property
• Enter into contracts
• Manage income
GUARDIANSHIP DOES NOT?
Guardianship does NOT remove:
• Free will
• Personal opinions, desires, wishes, preferences, likes, dislikes, feelings
• Ability to make many types of decisions
WHAT RIGHTS REMAIN?
A person under guardianship retains the right to:
• Have a guardian who acts in the person’s best interest
• Dignity and respect
• Communicate privately and freely with others
• Express opinions about wants, needs, desires, wishes, etc.
• Be restored to capacity as quickly as possible
DECISION MAKING
Whenever possible, you should encourage the person under guardianship to participate in the decision making.
You should consider the express desires and personal values of the person under guardianship when making decisions on his or her behalf.
You are expected to act in the person under guardianship’s best interest and exercise reasonable care, diligence, and prudence.
WHY VOLUNTEER GUARDIANS?
An immediate family member or close relative is the preferred choice for a guardian or conservator.
In some cases:
• there is no family
• the family member lives too far away to be effective
• the family member is unwilling to serve
In these cases, a Volunteer Guardian is appointed
WHAT IS A VOLUNTEER GUARDIAN?
Volunteer guardians are:
• Residents of Virginia
• 21 year old or older
• Have no criminal record
• Have good credit standing
WHAT IS THE PROCESS
Volunteer Guardian Appointment
Circuit Court
Volunteer Guardian
Person in need of a guardian
Application
Vetting
Training
Petition
Hearing
Capacity Assessment
Request for Petition
LESSON 2: DUTIES OF A GUARDIAN
I’VE BEEN APPOINTEDNOW WHAT?
Maintain
contact with
any
applicable
providers
Gather pertinent
information
about
your
person
Attend care
plan meetings
(if applicable)
Provide a copy
of the court
order & your
contact info
to provider(s)
Meet with
your person
on a regular
basis
File your
Report of
Guardian on
time.
There is no specific requirement for visiting the person under guardianship. Code of Virginia §64.2-2019 states that a guardian should visit the person under guardianship “as often as necessary”.
You will need to maintain “sufficient” contact to ensure you know the person’s capabilities, limitations, needs, and wishes.
The Volunteer Guardian Program encourages visiting the person under
guardianship at least once a month if possible.
VISITING THE PERSON UNDER GUARDIANSHIP
GUARDIANSHIP PLAN
While not required, it is good practice to complete a Plan of Guardianship. This will help you get organized and may help to identify areas of immediate need.
To the extent possible, the person under guardianship, family members (if applicable), and the DHS Case Manager should participate in developing this plan.
GUARDIANSHIP PLAN
Living Arrangements
Medical CareMental Health
Care
Socialization Needs
Financial Needs
Other
GUARDIANSHIP PLAN
Living Arrangement
Where does the person
currently live?
Does this meet the person’s needs?
Is the person safe in this
environment?
Do I need to consider an alternative
placement?
GUARDIANSHIP PLAN
Medical Care
What doctor(s) does the person see? Does the person see a
dentist? podiatrist?
What medications
does the person currently take?
Does the person have a living
will? Advanced medical
directive?
What are your person’s wishes
for medical treatment?
GUARDIANSHIP PLAN
Mental Health Care
Does the person have a mental
health diagnosis?
What medications does the person take?
GUARDIANSHIP PLAN
Socialization/Recreation
What are the persons current social activities?
Is the person employed? Seeking
job training?
GUARDIANSHIP PLAN
Financial Needs
Do you have control over the persons
assets or funds?
What are the person’s sources of income?
What insurance does the person have?
What benefits does the person
receive?
GUARDIANSHIP PLAN
Other
Who are the next of kin?
Does the person have a
will?
Does the person have a prepaid burial
or funeral plan?
REPORTING REQUIREMENT
The initial Report of Guardianship is due six months from your appointment date and should cover the first four months of your guardianship.
Report Coverage Period 9/1-12/30
Court Date9/1
Report Coverage Period 1/1-12/30
REPORTING REQUIREMENT
Subsequent reports are due every 12 months thereafter
REPORT OF GUARDIANhttp://www.courts.state.va.us/forms/circuit/cc1644.pdf
REPORTING REQUIREMENT
Mail the report to:
Department of Human Services, Aging and Disability Services Division2100 Washington Blvd, 4th FloorArlington, VA 22204Attn: Guardianship Program
Include a check for $5.00 made out to Treasurer Arlington County to cover the court filing fee.
LESSON 3: DUTIES OF A CONSERVATOR
DUTIES OF A CONSERVATOR
The role of a Conservator is to take care of and preserve the estate of the incapacitated adult and manage it to the best advantage of the incapacitated adult.
A person’s estate includes both personal property (bank accounts, investments, etc) and real property (house, etc).
POWERS OF A CONSERVATOR
The Powers of a Conservator are listed in the Code of Virginia §64.2-105 and §64.2-2022.
I’VE BEEN APPOINTED. WHERE DO I START?
Identify Assets
Accounts
Investments
Property/Real Estate
Jewelry
Furniture
Vehicles
Notify of Appointment
Banks
Brokerages
Insurance Companies
Transfer Assets to Conservatorship
Name
“{your name}, Conservator for
{person’s name}”
REPORTING REQUIREMENT
The Inventory for the Estate is due within four months of your appointment date.
Court Date9/1
INVENTORY FOR INCAPACITATED ADULThttp://www.courts.state.va.us/forms/circuit/cc1671.pdf
REPORTING REQUIREMENT
The initial Account for the Incapacitated Person is due six months from your appointment date and should cover the first four months of your conservatorship.
Report Coverage Period 9/1-12/30
Court Date9/1
Report Coverage Period 1/1-12/30
REPORTING REQUIREMENT
Subsequent reports are due every 12 months thereafter
ANNUAL ACCOUNTING REPORT
http://www.courts.state.va.us/forms/circuit/cc1682.pdf
CONSERVATORSHIP REPORTING
All Conservatorship Reports are filed in duplicate with the appropriate filing fee. The Clerk provides the filing fee schedule at the time of qualification.
Mail the report to:OFFICE OF THE COMMISSIONER OF ACCOUNTSCourthouse, Suite 65001425 N. Courthouse RoadArlington, Virginia 22201
A Final Accounting report is filed upon the death of the incapacitated adult or upon entry of a Court Order restoring the incapacitated adult's competency.
LESSON 4: OTHER MISCELLANEOUS INFORMATION
FREQUENTLY ASKED QUESTIONS
My person under guardianship needs to move to a
higher level of care. How do I identify appropriate
locations and secure a placement for my person?
If a DHS Case Manager is still involved, start talking to
him or her about the need. If you don’t have a case
manager, or are uncertain if you do, contact the
Volunteer Specialist. He/she will connect you to the
appropriate person.
FREQUENTLY ASKED QUESTIONS
What do I do if the placement is outside of Arlington
County? Am I still the guardian?
Yes, you are still the guardian, even if the person
resides in another county. Notify the guardianship
program of the change of address. You may be
provided a new address to submit future Report of
Guardians.
FREQUENTLY ASKED QUESTIONS
Are there any end-of-life tasks I can complete now?
Yes! Investigate if the person under guardianship has
documented any end-of-life wishes. Also, determine if
the person has a pre-paid funeral or burial plan.
Contact the Volunteer Specialist for information on
local providers if you need to establish a plan.
FREQUENTLY ASKED QUESTIONS
What do I do if I can no longer serve as a volunteer
guardian?
Contact the Volunteer Program Specialist. He/she will
work to identify a new guardian to take your place.
Please remember you remain responsible for the
person under guardianship until the judge appoints a
new guardian
FREQUENTLY ASKED QUESTIONS
Who do I call if I have general concerns or questions
about my person under guardianship?
If a DHS Case Manager is still involved, start talking to
him or her about your concerns. If you don’t have a
case manager, or are uncertain if you do, contact the
Volunteer Specialist. He/she will connect you to the
appropriate person.
FREQUENTLY ASKED QUESTIONS
What do I need to do when my person under
guardianship dies?
Notify the Volunteer Program Specialist of the death.
Send a copy of the death certificate with a Final
Report of Guardian- same address as all other reports.
You are not alone in this role.
The Arlington County Department of
Human Services is here to provide
support and to address any unmet
needs.
The Volunteer Guardianship Program
Specialist can help connect you with
the appropriate resources in DHS.
CONTACT US
Helen King, MSWVolunteer Guardianship ProgramVolunteer Specialist