Professional Documents
Culture Documents
2010 Colloquium
This year NGA returns to The investigation of “worst case
Chicago where we had 225 scenarios” will delve into several
on Guardianship
people register for our first areas:
Colloquium in 2008. The meeting
Representing Wards in Criminal
location, just three minutes from
Matters
Chicago’s O’Hare airport, makes
travel easy and the hotel offers The Limitations of a Legal
Friday, April 23
free airport shuttle service. Guardian: Immigrants and John
Many people will find that with Doe Cases
www.guardianship.org
Scenarios.”
President’s Message
By Kathleen Buchanan, NCG
Guardianship: “Restoration of Civil Rights” portunity to be a
part of a profes-
sion that has
In the Southwest, we have many dry hot individual’s rights. However, the practical given me the abil-
summer days with temperatures reaching application holds a very different mean- ity to make a dif-
110 blistering degrees. For most of us ing. Guardians serve as the advocates ference.
this is not a real problem as we have air who restore basic human rights by ensur-
conditioners and the knowledge of how ing dignity, respect, and basic needs are As we all embark
to use the device. However, can you being met by those compromised with di- on a new year in
imagine how difficult this situation might minished capacity. Guardianship is the 2010, I am ex-
be for a person with diminished capacity? “restoration of basic human rights.” I cited to be a part
How does one use the thermostat if one have become a champion for this cause of the National
can’t remember the skills necessary in because of the importance it holds now Guardianship Association’s mission to ad-
operating the unit. Imagine yourself for a and into the future. vance the nationally recognized standard
moment, wandering around in your home of excellence in guardianship. To assist us
having forgotten these skills and having Guardianship, guardians, and the field in in this process, the NGA Board has ranked
the resources at your disposal, but being general, is vastly misunderstood and pre- goal areas for this year with the objectives
so confused that you are unable to use judged by a large segment of the popula- identified for implementation within each
the contraption, and in your best effort tion. The reasons are varied and many, Pillar area. This is the perfect opportunity
you turn on the heater thinking it is the air as are the types of guardianships and the for you as a member to get involved and
conditioner. This situation occurs all too laws that regulate guardians. However, I lend your expertise on a committee, task
often and when we find the person they believe consensus can be achieved in force, or a project team.
are usually wearing a sweater or light recognizing a segment of the population
jacket not understanding why they are would be forgotten if it weren’t for de- There is no greater accomplishment than
“hot.” voted and caring family and professional being part of a process that enacts change.
guardians. I encourage you to join one of the Pillar
This brings me to the core of my dia- committees and share the wealth of your
logue; guardianship by legal definition is As I reflect on my career, I feel extremely knowledge and expertise.
used synonymously with taking away an fortunate to have been afforded the op-
OF DIRECTORS
(702) 455-4332 country, and non-profit organizations are
kbu@co.clark.nv.us
struggling to secure funding to care for
or ngapresident@guardianship.org
those without “natural guardians.”
PRESIDENT ELECT Julia R. Nack, NMG ~ DIRECTORS ~
Columbus, OH Lori Bays, M.A., MFT, NCG Kim Grier, NCG The NGA Board of Directors has, for the
(614) 645-1928
JNack@coaaa.org
San Diego, CA Atlanta, GA first time, established a Guardianship Ad-
(858) 694-3516 (404) 520-2101
vocacy and Public Policy Development
TREASURER Hon. Irvin G. Condon lori.bays@sdcounty.ca.gov kimgrier@att.net
Charleston, SC Committee that will be focused on “achiev-
(843) 958-5193 M. David Blake, NCG, Esq. Michelle R. Hollister ing universal uniformity in standards of
irvcondon@charlestoncounty.org Boston, MA Delray Beach, FL practice and procedures, and to advance
(617) 723-3224 (561) 733-4242
SECRETARY Beth Upshaw Mathews, NCG public policy that ensures integrity and due
Duluth, MN david@blakelaw.com mhollister@solkoff.com
(218) 529-2241
process in the implementation of guardian-
bmathews@lssmn.org Margy M. Campbell, NMG Sally Balch Hurme, JD ships.” This committee will be focused on
Salt Lake City, UT Washington, DC several well-defined public policy objec-
CGC REP. Colleen Colton, NMG (801) 281-1100 (202) 434-2152
Fort Worth, TX margy_campbell@xmission.com shurme@aarp.org
tives in the coming year, but with public
(817) 921-0499 guardianship systems vanishing we should
ccolton@guardianshipservices.org Ginny Casazza, NCG, BA Russell H. Marshall, NMG all take action now to educate those who
PAST PRESIDENT Vicki V. Alkire, NMG Reno, NV Campbell, CA develop public policy about the corner-
(775) 287-5005 (408) 874-0999
Sarasota, FL 32433
ginnycasazza@clearwire.net russ@marshallfiduciary.com stone of American guardianship:
Phone: (941) 921-1962
vicki.alkire@verizon.net
Hon. Patrick W. Ferchill J.R. Rittenhouse The State is the protector of all citizens un-
EXECUTIVE DIRECTOR Terry W. Hammond Fort Worth, TX Phoenix, AZ able to protect themselves parens patriae –
Santa Monica, CA (817) 884-1415 (623) 878-4652 as Parent of the Nation.
(310) 451-4232 pferchill@tarrantcounty.com jrwolf@q.com
ngaexecutivedirector@guardianship.org And, my daughter will go to school tomor-
Jane Gildersleeve, NCG Madeleine Sharko, JD
BUSINESS MANAGER Patricia E. Heuser row with a new Latin term for her class to
Provincetown, MA Chicago, IL
Bellefonte, PA
(508) 487-3760 (312) 793-5900 learn.
(877) 326-5992
info@guardianship.org janegildersleeve@msn.com madeleine.sharko@illinois.gov
3
A National Colloquium on Guardianship
Friday, April 23, 2010
Chicago Marriott O’Hare, Chicago, IL
Transportation: The hotel offers complimentary shuttle service Review Speaker Biographies
Biographi and Other Details at:
from O’Hare Airport which is 3 miles from the hotel. Estimated www.guardianship.o
www.guardianship.org/10Colloquium
taxi fare is $15. Daily on-site parking - $24; valet parking - $30.
SPOTLIGHT Turning A Room Into “Home”
on good
guardianship
When David approached Kathy with his idea, she got excited.
She brought in her friend Lois Bowman, who is a Ft. Worth
decorator, to take a look at the stark, institutional room and
offer ideas. The nursing home was quite cooperative, giving As the room developed, the decorator became excited and
the trio a free-reign, except for minor safety details, like no was able to bring items from the home of Ms. X to add to the
scatter rugs. Kathy reports, it turns out many nursing homes décor and make the room feel more familiar. Kathy suggests it
are quite open to having rooms individualized with paint and would be easy to just pick small personal mementoes and
items from home. “It doesn’t have to cost a lot,” she points out. place them in a shadow box to display on a wall.
The caregivers know the room’s new look won’t change what is The results of this project have already generated many in-
going to happen to Ms. X due to her Alzheimer’s, but through quiries from families of others in nursing homes. But for David,
little touches they have created an atmosphere that she says Lois, Kathy and Judge Ferchill perhaps the greatest reward
give her the sense of “being in her own home.” For instance, came from Ms. X herself, when she told them how happy she
they learned she likes flowers so they designed an arrange- was with her new room because it “makes her feel safe.”
ment for her door that not only looks lovely, but helps her iden-
tify her room from the hallway.
6
Preserving Control With Words is Priceless
A January 15 blog from David Solie, MS, PA As she outlined one item at a time, Ellen’s looked like on the day Ellen’s mother was
mother had questions. “Let’s find out,” discharged:
http://www.davidsolie.com/blog/
Ellen told her. Knowing what is going to be
1. New Medication > Reduces Fluid Build
I was asked for suggestions on how to help done and in what order is the first step in
Up >Take One Every Day
seniors preserve control in a hospital set- regaining control. The dry erase lapboard
ting where all control quickly vanishes. In- provided a visual aid to decode the 2. Walking > Strengthens Heart > 15 Min,
teresting question, I thought. What would process and resulted in a fundamental shift Twice A Day
make things better? And then I remem- in the balance of power for Ellen’s mother.
The same approach was used throughout 3. Follow Up > Family Doctor > Two Weeks
bered David.
her hospital stay and at discharge.
The board costs four dollars. The marker
David is a friend of mine who suddenly fell
Here is what the dry erase lapboard outline two dollars. The ability to understand and
into a frightening rabbit’s hole when he was
preserve control: priceless.
being worked up for cancer. What was sup-
7
Meet NGA’s 1000th Member
On December 1, 2009 the National lows exchange of information and for the
Guardianship Association enrolled our way it “brings to light situations and ques-
1000th member, an achievement that is tions of interest.”
truly a tribute to all who have a commit-
She also values the many resources on the
ment to make NGA the very best that it can
NGA website saying. “I like what I’m read-
be, as well as to everyone who has en-
ing there and I often refer clients to the
couraged others to join our NGA family.
website for information.”
No prizes and confetti showers go to the
Now eligible for the membership discount
1000th member, but we want to introduce
on meeting registration, she’ll look forward
you to her because the reasons she joined
to NGA conferences much like the Arizona
NGA and the quality she represents in
event she attended where NGA and the
guardianship are as true today as they
National Association of Professional Geri-
were when this association was founded
atric Care Managers (NAPGCM) held a
over 20 years ago.
joint meeting. Networking during shared
Meet Martha J. Brown, MSW, LISW, C- sessions was a great introduction to many
ASWCM, NCG from Albuquerque, NM. She other guardians. Martha is currently the
is part of the team at Geriatric Care Manage- Co-Chair of the NAPGCM 2010 Annual
ment, LLC (GCM), which has been servicing Conference, which will be held in Albu-
the New Mexico community and families querque in April.
from around the U.S., since 1994. Recently
Martha Brown
Martha expressed just a few of her reasons
elected to the Board of Directors for the New
for joining NGA, but there is no doubt that
Mexico Guardianship Association, she was
the association’s continuous growth can be
part of that organization’s Community Edu-
attributed to a steadfast focus on member
cation Committee that produced a set of
services and efforts to constantly enhance
videos designed to educate family guardians
the quality of guardianship across the na-
in a state that covers lots of territory and to 1983; Director of the Foster Grandparent
tion. Equally important has been the lively
serves a large rural population. (Videos at Program in El Paso, Texas from 1983 to
sharing of information that is the keystone
www.nmgaresourcecenter.org) 1987; and employment in a hospital based
of our membership values. Whether
geriatric care management program in Al-
It was back in 2005 that Martha became a through meetings, the Listserv, or one-on-
buquerque, New Mexico from 1987 to
National Certified Guardian (NCG) through one networking, NGA has become a thriv-
1994. She is bilingual in Spanish and Eng-
what was then the National Guardianship ing national “community” of guardians,
lish.
Foundation, now called the Center for fiduciaries and conservators.
Guardianship Certification. She says that, Martha received her credentials as a Li-
In mid-2006 when the NGA Board started
like many people, “I mistakenly thought I censed Independent Social Worker (LISW)
thinking in terms of 1,000 members as an
was joining NGA when I got certified.” from the New Mexico Board of Social Work
achievable goal, there were 651 names on
Examiners in 1990 and began her own
Martha always directed people to the NGA the NGA roster. In just over three years
geriatric care management business in
website when she was asked how you NGA’s value to the nation’s guardians, fidu-
1994. Originally called Senior Manage-
would find other guardians in New Mexico. ciaries and conservators has become
ment, it became Geriatric Care Manage-
It was in November she realized even firmly established and with glowing reports
ment in 2000. Since 2005, she has also
though she is certified, she wasn’t actually from new members like Martha, the new
served on the board of the Western Region
part of the list of professional guardians dream of 1,500 members does not seem
Chapter of the National Association of Pro-
who are NGA members. Her membership out of reach.
fessional Geriatric Care Managers
application on December 1 rectified that
(WRGCM). She was the Co-Chair of the
situation and made her NGA’s 1000th
2007 Western Region Chapter Annual
member. Martha J. Brown, MSW, LISW, C-ASWCM, Conference of the National Association of
NCG, graduated from University of Professional Geriatric Care Managers
The importance of having her name listed
Chicago in 1976 with a Master’s in Geron- (NAPGCM). In recognition of her “dedi-
in the “Find A Guardian” section of the NGA
tological Social Work (MSW). Her work his- cated and devoted service to furthering the
website may have initially driven Martha to
tory includes: Johnston R. Bowman profession” she was awarded the “2007
become a member, but other benefits of
Geriatric Rehab Hospital in Chicago from Outstanding Chapter Member Award” by
membership will keep her active.
1976 to 1979; Consultant for the Pan the NAPGCM.
Martha is really enjoying the “collegiality” of American Health Organization to the Mexi-
the NGA membership. She is especially can Government - Ministry of Health, 1979
impressed with the NGA Listserv which al-
8
NEWS Ohio Judge Seeking Standards
for Attorney Guardians
WATCH
The comment period ended on January 29 for a set of 46 stan- Brown found Keith competent in February 2006. He removed
dards, which were proposed to govern attorneys who serve as the guardianship.
guardians in the court of Judge Eric Brown, Franklin County,
Ohio. The Columbus Dispatch reported on the “common- Brown's standards will apply only to attorneys, but he hopes
sense” set of rules were partly inspired by a man wrongly family, volunteer and other guardians will find them helpful.
stripped of his freedom and property. He's sending his draft to attorneys, other guardians, nursing
homes and fellow probate judges, among others.
Ohio's Supreme Court is working on standards, but Judge
Brown said, “I saw a great need and didn’t want to wait.” He Proposed rules include requiring attorneys to attend training,
said he was driven by his conviction “These are the most vul- visit wards personally at least quarterly, not hire relatives with-
nerable citizens in our community. We can do better.” out permission, and designate someone to take over if the
guardian dies or quits.
Columbus Dispatch reporter Barbara Carmen contacted Sally
Balch Hurme, an NGA Board member for comments on Judge "There are some guardians who have one or two or three
Brown’s move. "It's pretty exciting,” Sally said. “This is the first wards," Brown said. "Some have hundreds. Those may have
time a local judge has adopted these standards of practice for trouble meeting the standards."
(attorney) guardians." She hopes Brown will inspire other But the rules, he said, are to protect wards.
judges across the country.
Keith still lives in fear "at an undisclosed location," said his sis-
ter, Etta Brown. "They took Milous out of his house in hand-
cuffs and put him in a police car and locked him in an
Alzheimer's ward for nearly two years."
9
NGA Partners With COA to Promote Excellence
In October 2009, the National Guardian- ble for a 15% discount on the COA accredi- risk prevention and management, client
ship Association (NGA) and the Council on tation fee, provided that they are not al- rights, and financial management which
Accreditation (COA), the premiere interna- ready receiving a discount as a result of will establish transparency and organiza-
tional human service accrediting body of their membership in one of COA’s Spon- tions that function optimally.
community-based social and behavioral soring or Supporting Organizations.
Founded in 1977, COA is an independent
healthcare services, signed a
The agency guardianship not-for-profit international accreditor of the
Memorandum of Understanding
service standards were devel- full continuum of community-based behav-
to promote quality improvement
oped in response to a signifi- ioral health care and human service organ-
in agency guardianship systems
cant increase in the aging izations. Today, over 1800 organizations -
through COA accreditation. This
population and the resulting public and private - are either COA accred-
important partnership provides
need for national accreditation ited or are in the process of seeking ac-
both organizations the opportu-
standards of best practice that creditation. These organizations serve
nity to promote excellence in the
would help to protect and im- over 7 million of our most vulnerable indi-
field of guardianship.
prove outcomes for this vul- viduals each year.
This partnership follows COA’s release of nerable population. Through its relationship
If you would like more information about
its agency guardianship standards, which with COA, NGA will be able to expand its
COA and its accreditation processes and
support improved quality of life and re- exposure to guardians and conservators
standards, please call 866.COA.8088, ex-
duced risk of abuse or exploitation through and help its membership ensure that serv-
tension 263 or visit them at:
transparent, ethical operations; manage- ice delivery is of the highest quality. In ad-
able workloads; regular contact with serv- dition to standards specific to agency
ice recipients; and ongoing monitoring of guardianship service delivery, COA’s Ad- www.coanet.org
service quality and effectiveness. ministrative and Management and Service www.coastandards.org
Delivery Administration standards address www.coacanadastandards.org
As a result of the new relationship, organi-
important areas such as ethical practice, www.coaafterschool.org
zations that are members of NGA are eligi-
10
NGA Affiliate State State Affiliate News
Associations
across
Alaska State Association for Code to address the new regulatory over-
the nation
Guardianship and Advocacy (ASAGA) sight of the Fiduciary Board when receiving
complaints about licensed fiduciaries who
Arizona Fiduciaries Association (AFA)
are acting in the capacity as an agent
Professional Fiduciary Association of under a Power of Attorney or trustee/suc-
California (PFAC) cessor trustee of a trust. The Fiduciary
Florida State Guardianship Board did not previously have jurisdiction
Association (FSGA) to consider disciplinary matters involving
these two capacities.
Idaho Guardianship and Fiduciary
Association (State conference dates are listed on Page The AFA has also recently published its
23. The calendar is updated on the NGA blog, which can be found at: http://arizon-
Illinois Guardianship Association (IGA)
Website as information is received.) afiduciariesassociation.blogspot.com/
Indiana State Guardianship
Association (ISGA) Alaska – The Alaska State The AFA has determined that this is a more
Association for Guardian- up-to-date way to communicate with mem-
Kentucky Guardianship Association bers and expects that this new blog format
(KGA) ship and Advocacy
(ASAGA) held its 15th an- will replace its quarterly newsletter.
Massachusetts Guardianship nual conference in August
Association California –In mid-January PFAC
2009. Dr. Vicki Schmall of
had its first Strategic Planning ses-
Michigan Guardianship Alaska presented a half-day session about
sion in 10 years. A coordinator
Association (MGA) suicide and depression in the elderly. The
ran the session along with
conference also included a highly praised
Minnesota Association of three past presidents. Al-
Guardianship and Conservatorship interactive session where participants
though the day was long,
(MAGiC) worked together on case studies to find so-
valuable information was
lutions to difficult decisions and dilemmas
Missouri Association of Public shared and learned that will be helpful with
in guardianship. Currently ASAGA is
Administrators (MAPA) PFAC’s future. As a result the Mission
working on updating the video which all
Statement is being revisited, the website
Nevada Guardianship Association family guardians are required to watch
will be revised to be more user friendly,
when appointed as a guardian in Alaska
Guardianship Association of New Jersey, and branding efforts are underway. PFAC
Inc. (GANJI) and on planning its August 2010 confer-
is hiring a consultant to assist in the devel-
ence.
opment of more positive public relations in-
New Mexico Guardianship
Association (NMGA) Arizona – The Arizona Fi- formation for the organization. The next
duciaries Association, Inc. step is to create a speakers bureau.
North Carolina Guardianship
is working closely with the
Association PFAC is still working with Rick Wallinder of
Arizona Chapter of the Na-
the Professional Fiduciary Bureau to pro-
Guardianship Association of North tional Academy of Elder
Dakota, Inc. (GAND) vide feedback on the fate of the licensing
Law Attorneys to support
of fiduciaries. Assistance has been en-
Ohio Guardianship Association the passage of the UAGPPJA. Introduced
listed from the Bar Association and others
as HB2426, it passed the House Judiciary
Guardian/Conservator who value the need for continuing licensing
Committee on January 25, 2010 with a 7-0
Association of Oregon (GCA) of this profession. PFAC is working to-
vote and has been assigned to the Rules
wards clean-up of various legislative issues
Conservatorship Association of Committee. As it currently stands, there is
in order to provide some continuity and
Tennessee (CAT) no known opposition to the bill.
consistency in the language.
Texas Guardianship Two AFA Board members, President Lisa
Association (TGA) Florida – Michele Hollis-
M. Price and member Heather Winters-Bill,
ter, head of the State Public
Virgina Guardianship have been appointed to serve on the Fidu-
Guardianship Office (SPGO) has
Association (VGA) ciary Board Regulatory Scope Subcommit-
returned to the private sector and
tee. They will work closely with members of
Washington Association of Professional will work with the law firm of Scott
Guardians (WAPG) the Fiduciary Board, the judiciary and other
Solkoff in Broward County. Members of
fiduciaries from around the state to make
Wisconsin Guardianship Association FSGA are taking part in a formal Job Task
detailed recommendations for changes to
Analysis process, under the direction of
the Administrative Code which governs fi-
SPGO, to identify the skills, tasks, and
For contact information, go to duciaries. Specifically, the subcommittee
www.guardianship.org will be working to update the Administrative continued on next page
11
State Affiliate News
continued...
processes involved in the practice Many of IGFA members and other court lators with regard to the potential positive
guardianship. In meetings around the visitors attended the training sessions. In outcomes of passage of the bill.
state, participants will help identify charac- December a demonstration of the online
The Lexington Herald Leader is developing
teristics needed to perform guardianship guardian and conservator training was
a story related to guardianship. KGA mem-
functions at the highest level. These prac- held. Spearheaded by group members in
bers Pam Teaster and Sue Crone were
tices will become part of the new training 2007 and funded by a grant, the online
contacted by the reporter, but the article
and mentoring process to help us grow training was developed with input from the
has not yet been published. The reporter
“better” guardians. membership especially Stephanie Bender
did appear to be interested in possibly de-
Kitz, Ph.D. It will be mandatory training for
Florida is up and running with electronic veloping a second article with KGA in Octo-
all new court appointed guardians within 90
fingerprinting with electronic prints on file ber, National Guardianship Month.
days of appointment.
for life. The process will help reduce the
Michigan – The Michi-
onerous process of regular re-printing for Indiana –The Indiana State
gan Guardianship Asso-
enforcement purposes. Guardianship Association
ciation Spring conference
has a campaign underway
FSGA has been instrumental in developing will start with speaker Tim Cu-
for 2010 membership. Each
the training course for members of the sack and end with the Judge's
member was asked to sub-
court appointed examining committees Corner. There are many ses-
mit names of three col-
which evaluate our potential wards. This sions in between that should
leagues who would benefit
course is directed at helping committee prove enlightening. Register
from membership/networking.
members understand, target, and measure at www.michiganguardianship.org. MGA is
more accurately the information and in- The Indiana State Guardianship Task also attempting to get on the agenda for
sights needed by the courts as they act on Force met in December and is planning a the statewide Judge's conference to be
guardianship and incapacity related issues. day long retreat in March. As a member of held in June.
this task force, ISGA is committed to as-
Idaho - This year the Idaho Guardian Minnesota – The Min-
sisting others to identify the current issues
and Fiduciary Association initiated a nesota Association for
and needs for Guardianship throughout the
website (www.igfa.us) to provide in- Guardianship and Conserva-
state. Educational Speaker/Luncheon pro-
formation about our organization torship has formed a new Com-
grams awarding CEU’s for National Certi-
and links to services for munications position on the
fied Guardians will be offered April, June,
those with guardian or con- Board position to be in
and August of 2010 in Indianapolis with the
servator concerns. The or- charge of website content development
dates and times to be posted at www.indi-
ganizational infrastructure is and upkeep, responses to media stories
anaguardian.org. There is a Guardianship
being upgraded to include corporate and regarding guardianship and conservator-
Symposium Co-sponsored by ISGA and
board member binders; a new meeting ship, returning messages left on our voice-
the Indiana Adult Guardianship Services
venue with telephone conferencing avail- mail system, and other similar duties as to
Project (IAGS), May 12 in Indianapolis for
able for our widespread membership and be determined and assigned by the Execu-
more information email
the option to offer online presentations; for- tive Committee.
iagsproject@yahoo.com.
malizing our membership list to be distrib-
A citizen-led Guardianship Task Force, cre-
uted to members statewide to improve Kentucky – The Kentucky
ated some time ago, consists of some leg-
networking and evaluating our growth po- Guardianship Associ-
islative-connected individuals as well as
tential. ation presented its
representatives from nearly every occupa-
first John “Reg”
Education provided to members at monthly tion associated with guardianship and con-
White scholar-
meetings includes presentations by the servatorship in the state. While MAGiC’s
ship to Angela DeFebbi, a junior Social
Ada County Guardian Mentoring Program, offer to join and assist was inexplicably re-
Work major at the University of KY. She will
Ada County Community Board of jected, several of board members are in
be recognized at the conference May 18
Guardians, Washington Bank representa- the group representing their employers,
and is currently finalizing details on com-
tives on services for conservators, an iden- keeping close tabs on the situation. The
pleting her senior practicum with Ken-
tity theft specialist, hospital discharge primary focus of the group is to continue to
tucky’s public guardianship program.
planning for wards and others, Veteran Ad- enact legislative change to address per-
ministration Hospital new programs and re- KY House of Representatives passed HB ceived inconsistencies and omissions, all
verse mortgages to fund living expenses. 86 - UAGPPJA. The bill is currently in the to improve guardianship and conservator-
An education project was spearheaded by Senate Judiciary Committee. KGA has ship in the state. They pick and choose
Grant Kane MSW, court visitor in conjunc- been working in conjunction with the
tion with our district judge, Christopher Bi- Alzheimer’s Association on educating legis- continued on next page
eter to improve the quality of court reports.
12
State Affiliate News
continued...
MAGiC-endorsed policies and there ap- Guardianship Assocation will revise and At its first board meeting for 2010 on Janu-
pears to be some different agendas at play. update a brochure on Guardianship in ary 22 in Waco, TX, TGA inducted three
North Carolina. board members for the positions that ex-
Missouri – Organiza- pired 12/31/09. The officers for 2010 are:
tions are feeling the fi- Ohio – In the judicial
President – Kirk Monroe, VP-Tracey Kelley,
nancial crunch of the US area Minimum Stan-
Secretary – Margaret Webster and Treas-
economy and benefits dards for guardians
urer-Chris Clausen. The members at large
being removed from have been approved by
include: Vickie McMurry, Sundra Spears,
services due to state the parent committee
Debby Salinas Valdez, and Jana Taylor.
budgets being cut. Mental Health and are on their way to
Inez Russell remains the Executive Direc-
Providers from across the state planned the Justices for their review.
tor. Claire Shell and Donna Baugh are
their “Hill Day” trip to Jefferson City on contract employees.
A symposium called the Summit on Aging
February 11 to advocate to “do not harm”
will be held on October 15. It will be by invi-
to the current budget for mental health and Virginia - Three sepa-
tation only, with each county probate judge
special needs services here in Missouri. rate bills have been
invited to bring 3 agency representatives of
We will have to see how that comes out under consideration by
his/her choice. The Summit in part will
later. Public Administrators across the the 2010 Virginia General Assembly.
teach them how to develop interdisciplinary
state are busy with providing training on a
guardianship teams. The Uniform Adult Guardianship and Pro-
Regional level by the Vice-Presidents of
tective Proceeding Jurisdiction Act (SB80)
each region. The Missouri Association of Oregon –The
was proposed to establish a mechanism
Public Administrators has a website: Guardian/Conservator
for resolving multi-state disputes regarding
www.mapainfo.org with links to other pro- Association of Oregon
adult guardianships and conservatorships.
grams of interest to those serving as bi-annual conference
This Act has been carried over to the 2011
Guardians and Conservators. in May will cover
Virginia General Assembly in the Senate
areas ranging from
Nevada - The Nevada Courts of Justice Committee.
disaster planning for clients to forensic ac-
Guardianship Association is
counting, from ethics to boundaries. The After substantial revisions were made to
working on its application for
first member meeting of 2010 was held Advance Medical Directives by the 2009
a 501(c)(3) status with the
February 19 with three speakers including Virginia General Assembly, additional revi-
IRS. As part of its process,
an attorney, professional fiduciary and the sions have been proposed in Senate Bill
NVGA has recently adopted a
Director of the Multnomah County (Port- 275. One change authorizes a public
Strategic Plan to guide its
land area) Probate Department. GCA Ore- guardian program in Virginia to admit an in-
progress over the next five
gon continues to grow; working on capacitated person to a mental facility
years. NVGA is also revising its bylaws to
branding, education and outreach to rural under certain circumstances just as a pri-
ensure that they reflect the current mission.
Oregon. To that end, Governor Kulongoski vate guardian was authorized to do in the
NVGA will publish its first newsletter for
and the 2009 Oregon Legislature imple- revisions of 2009. The bill introduces the
Winter 2010 with its inaugural launch after
mented and task force to look at ways to term ”capacity reviewer” as the person pro-
final revisions are complete. The associa-
enhance the availability of public guardians viding the second certification that a per-
tion initially expects to issue newsletters
in rural Oregon. GCA Oregon is also start- son is unable to make an informed medical
every six months. Nominations are being
ing the process of implementing a mentor- decision and this person can be a licensed
sought for three open board positions.
ing program. physician, clinical psychologist, nurse prac-
Elections will be held at the General Mem-
titioner or clinical nurse specialist who is
bership meeting on March 18. New offi- Texas – Texas
qualified by training or experience to as-
cers will also be elected at the Board Guardianship Asso-
sess whether a person is capable of mak-
Meeting that follows the membership meet- ciation is making a
ing an informed medical decision. Another
ing that day. strong effort this
proposed change would eliminate the re-
year to encourage
North Carolina - quirement of certification by a capacity re-
the TGA Members
Plans are now com- viewer, a second physician, or a licensed
to serve on one of
plete for our annual clinical psychologist if the patient ”…is un-
the TGA Commit-
conference and the conscious or experiencing a profound im-
tees to increase membership involvement.
program has been sent out. The response pairment of consciousness due to trauma
TGA did a mailing to all members at the
has been exceptional, because of the stroke, other acute psychological condi-
end of January as a reminder for the mem-
strength and quality of this year’s program. tion.” With respect to the hierarchy of
bers to pay their annual dues if they had
those persons authorized to make medical
Using a small grant from the Mary Duke not already done so.
Biddle Foundation, the North Carolina continued on next page
13
State Affiliate News
continued...
decisions for a patient who has not exe- Wisconsin – Wiscon- institutionalization could be on the horizon
cuted an advance medical directive, and sin Corporate again.
who has been certified as unable to make Guardianship agencies
In February two representatives from the
an informed medical decision, an additional are at risk of losing
state government section of Family Care
and last category of persons authorized to their funding sources
talked with WGA about what it could do to
make a medical decision for that patient via the change to the
help solve these issues and was told that
has been proposed in this bill. This pro- new Family Care pro-
they are going to try to delay the imple-
posed new category of persons is “Any gram. Some of the
mentation of the funding cut off by another
adult, except any director, employee, or northern counties have already lost their
month or two. They explained that there
agent of a health care provider currently in- funding. The Wisconsin Guardianship As-
simply is no money to pay guardianship
volved in the care of the patient, who (i) sociation is working with the state Depart-
agencies to provide services. The Family
has exhibited special care and concern for ment of Health and Family Services to
Care Ombudsman also spoke and she was
the patient and (ii) is familiar with the pa- solve this issue. As many as 3,000 wards
as surprised as we were that funding was
tient’s religious beliefs and basic values statewide will potentially not have a voice.
going to stop. When Family Care was de-
and any preferences previously expressed These are the wards for which volunteer
veloped, they failed to include guardians in
by the patient regarding health care, to the guardians could not be found due to the
the planning. Currently WGA has 38 paid
extent that they are known.” Whether a complexity of their situations or conditions.
members. Wisconsin has 70 corporate
person meets these criteria is to be deter- We (the guardians of last resort) fear
non-profit guardianship agencies.
mined by a health care decision review abuse and neglect could be on the rise and
committee in the facility if it exists or two
physicians not involved in the care of the
patient. This is significant in that it would
establish a category of persons to make
medical decisions for the patient who are
14
The International
Guardianship
Portugal The congress will not be a normal con-
gress. Yokohama is just the place to be in
Mrs. Anabela Costa was referred to IGN by 2010 and a conference you will never for-
Report
member Prof Kate Mewhinney. Mrs. Costa get. It is a great opportunity to meet good
is a Portuguese citizen living in the US for old friends and interesting new personali-
the last 30 years. She has an elderly ties, to learn from each other and to be in-
mother who still lives in Portugal, who is spired for the daily work. We will have the
sick, lives in a nursing home, is not chance to become part of a historical event
wealthy, pays her nursing home with her and to improve the international guardian-
retirement pension, and owns an apart- ship standards. Carpe diem! You can find
Jochen Exler-König ment. She is seeking someone who could more information about the registration
Berlin, Germany help her find contacts in Portugal who fees etc. on the website
www.international-guardianship.com could explain how the Portuguese system www.wcag2010.org. The final program will
works, whether there is such a thing as be available soon.
You are encouraged to visit the Interna- lawyers specialized in elderly law, and
tional Guardianship Network’s relaunched how she could get a referral. If you know a
website www.international- Portuguese lawyer or someone who could Conferences 2010
guardianship.com. You will find interesting help us, please don't hesitate to contact
publications, documents and information Mrs. Anabela Costa Global Health & Innovation Conference at
regarding our current projects and planned (acosta244@yahoo.com) or me. Helping Yale University, New Haven, USA, April 17-
conferences. each other is one of the most important 18, 2010: www.uniteforsight.org/conference
missions of IGN!
IGN now has 176 members from 24 na- Colloquium on Guardianship, Chicago,
tions and 4 continents. The new IGN mem- USA, April 23, 2010:
bers are: The World Congress on Adult Guardian- www.guardianship.org
ship Law 2010
Young Sub Shim, Lecturer at the Institute International Federation on Aging, Mel-
of Media Science, Konkuk University, The Congress at the Yokohama Pacifico, bourne, Australia, May 3-6, 2010:
Seoul, Korea October 2-4, 2010, will be organized by the www.ifa2010.org
John Billings, Deputy President of the Vic- Japan Adult Guardianship Law Association
torian Civil and Administrative Tribunal, (Jaga), IGN and the Internationale Confer- International Conference on Disaster Relief
Melbourne, Australia ence on Public Trustees and Public or the Elderly, Beijing, China, May 10, 2010:
Tony Fitzgerald, Managing Director, State Guardians (PTPG). The international www.communityalliance.org/indexeng.asp
Trustees Ltd, Melbourne, Australia preparation meeting was held in Berlin,
Rene Kremser, Social Worker, Institute for February 8. We expect more than 300 na- World Congress on Adult Guardianship,
Social Services, Vorarlberg, Austria tional and international participants. Yokohama, Japan, October 1-4, 2010:
Karsten Gläser, Dipl.-Designer, Freelance www.wcag2010.org or
Artist and Montessori Pedagogue, Berlin, The following IGN members are known to www.international-guardianship.com
Germany be planning to attend the congress:
Raymond Remakel, Treasurer Info-Handi- Michael Kröger, Jochen Exler-König, Doris National Conference on Guardianship,
cap asbl, Luxembourg Teske, Iris Dockhorn, Sigrid Schmidt-Tych- Hershey, Pennsylvania, USA, October 2-5,
Denzil Lush, Senior Judge of the Court of sen (all Berlin, Germany), Ingrid Nagode 2010: www.guardianship.org
Protection, London, UK and Margot Prinz (Austria), Judge Stefan
Mrs. Keiko Endo, Social Worker, Japan Tappeiner (Italy), Judge Kees Blankman National Conference on Guardianship (Vor-
Mrs. Kazumi Ishiwata, Professor Depart- (The Netherlands), Senior Judge Denzil mundschaftsgerichtstag), Brühl near
ment of Human Sciences Toyo Eiwa Uni- Lush (UK), Laura Watts (Canada), Sally Cologne, Germany, November 4-6, 2010:
versity, Japan Hurme (USA), Anita Smith, Patrick McGee, www.vgt-ev.de
Tony Fitzgerald (Australia). A lot more IGN
members will attend.
15
Premier Expert News
Seeking Volunteers
ing March 29 the last day to register for
the first module in April. The course has
four modules with each of the hour-long
sessions focused on a defined topic. Par- Ginny Casazza, leader for the Income Development Committee, is actively seeking volunteers
ticipants can register for all four sessions from the membership who have an interest in helping NGA build win/win relationships with the
or just those where brush-up training is hundreds of companies on which the guardianship community relies. NGA offers a uniquely
desired. targeted market that is attractive to many companies.
The course offers an in-depth review of When NGA connects with companies, our members benefit from learning about the company
the NGA National Study Guide and is and their products and services. In turn, the companies know they are being exposed to the
taught by “Approved Educators” from cream of the crop when it comes to guardians, fiduciaries and conservators from around the
NGA. It is not intended to cover state- country. It is the job of the Income Development Committee to help make those connections
specific portions of examinations in Cali- happen.
fornia, Florida, Oregon, or Texas.
Whether it is through advertising in the newsletter or directory, sponsorship or exhibiting at
As part of this year’s introduction of up- conferences, becoming one of NGA’s Star Providers, or simply joining as a member, NGA has
dated study options for the national certifi- opportunities available for companies that provide services such as:
cation exam, NGA has done a complete
overhaul of the national study guide. For Banking Investments
those seeking an independent study pro- Trusts Bonding
gram this new version of the national Insurance Legal
study guide is available for purchase with- Real Estate Title Search
out signing up for the course. State-spe- Home Care Assisted Living
cific study guides are also available for Senior Housing Home Improvement
California and Florida. NGA does not offer Mortuary Pre-Planned Funerals
a state-specific study guide for any other Medical supplies Senior care items
state. Cleaning Organizing
Computer Software Accounting/Tax
Register for the Review Course or pur-
chase study guides using forms at Volunteers are being sought to introduce companies to the benefits of connecting with the
www.guardianship.org. NGA network. The income streams developed by this committee ultimately serve all mem-
bers of NGA by supporting the budget and helping to keep membership fees at an affordable
rate. If this activity sounds interesting to you, Ginny would like to hear from you. Contact her
through the NGA Business office: info@guardianship.org.
18
NGN Update
The National Guardianship Network, which is chaired by NGA, is cused on guardianship implementation, evaluation, data collec-
moving forward in the planning effort for a Third tion, pilot projects, and funding.”
Wingspread/Wingspan National Guardianship Conference that
A 2011 National Guardianship Conference would convene dele-
will be held in 2011 -- marking a decade since the Wingspan Na-
gates from key stakeholders to focus on developing state
tional Guardianship Conference. The specific thrust and struc-
guardianship interdisciplinary committees, uniform standards of
ture of the proposed conference is still under consideration, but
practice, and approaches to secure passage of the standards.
the initial focus is on two of the Wingspan recommendations:
The NGN is currently reviewing proposals from nine law schools
Rec. #45, Standards of Practice -- “States [should] adopt mini-
to host the event, and the decision on the selection site will be
mum standards of practice for guardians, using the National
made by the Spring of 2010.
Guardianship Association Standards as a model.”
NGA is honored to be chairing the NGN at this exciting time.
Rec. #6, Interdisciplinary Guardianship Committees -- “State
The Board of Directors continues to support the passage of the
and local jurisdictions [should] have an interdisciplinary entity fo-
Uniform Adult Guardianship and Protective Proceedings Juris-
diction Act (UAGPPJA), which has now passed in Alaska, Col-
orado, Delaware, Utah, the District of Columbia, North Dakota,
CGC President
NGA congratulates all members who have worked so hard for
passage in these states, and supports those who are working for
passage in states not yet in the win column.
Colleen Colton, NMG, of Fort Worth, Texas,
has been named 2010 President of the Please contact Terry W. Hammond at
Board of Trustees for the Center for ngaexecutivedirector@guardianship.org with any updates or re-
Guardianship Certification (CGC). quests for assistance on issues related to UAGPPJA.
“I’m looking forward to spreading the word about what we’re doing
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so that more states can be sure that their guardians are certified
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19
Hoarding: When is an Alternate Decision Maker
a Prudent Choice?
By:
Shay Jacobson, RN, MA, NCG
Lauren Sherman, LCSW, NCG
Hoarding
continued ...
Clients who hoard have difficulty with deci- for labor, court, caregivers, and the References
sions. The guardian can help build a struc- guardian to economical, value-added lev-
Frost, R.O., & Hartl, T. (1996). A cogni-
ture around decisions so the case can els. The keys to success are to be under-
tive-behavioral model of compulsive hoard-
move forward. Deadlines, budgets, and standing and compassionate and to
ing. Behavior Research and Therapy, 26,
other forms of rules help cases get out of manage boundaries and resources. Not
341-350.
the circular pattern. A ward needs to have making a decision is making a decision
the opportunity to participate within the lim- and the inaction can result in unsafe and Samuels, J.F., Bienvenu, O.J., Grados,
its and time frames set by the court. Fre- inappropriate living arrangements. M.A., Cullen, B., Riddle, M.A., Liang, K.,
quently the participant’s decisions need to Guardianship can be a tool to protect the Eaton, W.W., & Nestadt, G. (2008). Preva-
be reduced to choices that do not impact clients afflicted with this complex illness of lence and correlates of hoarding behavior
progress. For instance, giving a choice of compromised decision making. An ongo- in a community-based sample. Behavior
which room to clean out first and a dead- ing maintenance program is also vital for Research and Therapy, 46, 836-844.
line for when it is to be completed. the long term well being of a case. This is
a chronic condition that does not have the Steketee, G. & Frost, R.O. (2006). Com-
Guardianship can be effective in severe pulsive Hoarding and Acquiring: Therapist
potential for a “cure” but instead involves
cases of individuals who hoard. There are Guide (Treatments That Work). New York:
ongoing management of the tendencies.
many different factors that need to be jug- Oxford University Press, USA.
You must be on alert for increased saving
gled during the process to help effect
and disorganized thinking. Failing to pro-
change. One should always strive for the Printed with permission. The authors pre-
vide this management sets the stage for
least restrictive environment for their client, sented this issue in a breakout at the 2009
recurrence of the problem. In fact, it is just
but remain consistent with the ward’s limi- NGA National Conference on Guardianship
a matter of time.
tations and the challenges of keeping time
21
22
2010 Events and State Affiliate Meetings
Nevada: March 18, 2010
Nevada Guardianship Association General Membership Meeting with Election of Board; www.nevadaguardians.org
Missouri: April 19 - 22, 2010
Missouri Association of Public Administrators yearly convention: www.mapainfo.org
Michigan: April 22 & 23, 2010
Michigan Guardianship Association Spring Conference; www.michiganguardianship.org
2010 Colloquium on Guardianship: April 23, 2010
Chicago, Illinois
Go to www.guardianship.org
Virginia: April 26 & 27, 2010
Virginia Guardianship Association/Virginia Elder Rights Council Joint Conference on Guardianship, Elder Rights, and
Disability Services; www.vgavirginia.org/conferences.asp
California: May 5-7, 2010
Professional Fiduciary Association of California (PFAC) Spring Conference; www.pfac-pro.org
Tennessee: May 13 & 14 2010
Conservatorship Association of Tennessee Spring 2010 Conference “It’s All about Collaboration!”
Texas: May 17 - 19, 2010
Texas Guardianship Association Spring Conference
North Carolina: May 18 - 20, 2010
The 2010 Conference of the North Carolina Guardianship Association (NCGA); www.nc-guardian.org
Kentucky: May 18, 2010
The second Kentucky Guardianship Association Annual Conference
Oregon: May 21, 2010
Guardian/Conservator Association of Oregon bi-annual conference
Florida: July 15, 16, and 17, 2010
Florida State Guardianship Association Annual Conference; www.floridaguardians.com
Wisconsin: September 13 - 15, 2010
Wisconsin Guardianship Association Annual Conference
(Review course and certification exam tentatively schedule in conjunction on September 13.)
Ohio: September 15, 2010
The 5th annual Ohio Guardianship Association Educational Conference
The World Congress on Adult Guardianship Law: October 1 - 4, 2020
Organized by the Japan Adult Guardianship Law Association (Jaga), International Guardianship Network, and the Interna-
tionale Conference on Public Trustees and Public Guardians (PTPG). Information: www.wcag2010.org
2010 National Conference on Guardianship: October 2 - 5, 2010
Hershey, Pennsylvania; www.guardianship.org
23