Guardian
NATIONAL
Colloquium Set For April
This year NGA returns to
Chicago where we had 225
people register for our first
Colloquium in 2008. The meeting
location, just three minutes from
Chicago’s O’Hare airport, makes
travel easy and the hotel offers
free airport shuttle service.
Many people will find that with
Chicago Marriott O’Hare, Chicago, IL
the one-day schedule they won’t
need more than an overnight
stay, which also is part of NGA’s
Secure online registration at:
plan to give guardians a quality
education and networking
www.guardianship.org/10Colloquium
experience while minimizing the
expense.
While NGA has tried to design a
meeting that is effective and economical,
you’ll benefit most if you register before
March 26 to receive the $50 discount on
registrations … and our extraordinary room
rate of $89 will expire on April 1.
In a tough economy, you may be asking
yourself if your budget can handle the
expense of attending this year, but really
the question is whether you can handle the
costs in time and resources of being
unprepared for a “worst case” nightmare.
The subject this year is one that could
have an overwhelming impact on your
practice.
The Colloquium each year takes a single
day to explore a topic that is a critical issue
for our community of guardians,
conservators and fiduciaries. The theme of
the third annual National Colloquium on
Guardianship is “Handling Worst Case
www.guardianship.org
Scenarios.”
TABLE OF CONTENTS
a publication of the
NATIONAL GUARDIANSHIP ASSOCIATION
SPRING 2010
2010 Colloquium
on Guardianship
Friday, April 23
Would you be prepared to have your
practice disrupted by a case
 where the criminal justice system is
involved,
 that crosses multiple jurisdictions, or
 where the ward is an immigrant or John
Doe?
How do you determine the best interests of
the ward in difficult cases?
What can you learn from case law?
With accolades for the sessions, the quality
of the speakers, and the exceptional
networking, your peers have called their
Colloquium experience “a day well spent”.
This year’s Colloquium has been planned
with equal care and attention to quality.
And, as an added benefit, you may be able
to obtain continuing education credits you
need.
President’s Message ............................2
Executive Director’s Message ............3
Colloquium Schedule ..........................4
Good Guardianship ..............................6
Preserving Control ..............................7
NGA’s 1000th Member ..........................8
News Watch ..........................................9
State News ..........................................11
International News..............................15
Premier Experts ..................................16
Virtual Prep Course ............................18
NGN Update ........................................19
Hoarding ..............................................20
Listserv News......................................21
The investigation of “worst case
scenarios” will delve into several
areas:
 Representing Wards in Criminal
Matters
 The Limitations of a Legal
Guardian: Immigrants and John
Doe Cases
 Saving Granny: Using
UAGPPJA to Protect the Rights
of Persons with Disabilities
 Risky Business: How to Utilize
the NGA Standards of Practice
when Confronted with Worst
Case Scenarios
The day will conclude with a Judges Panel,
where a group of esteemed judiciary will
discuss the latest guardianship and
conservatorship case law and issues.
Participants will also have the opportunity
to ask questions of the panel.
All of the speakers have been hand-
selected for their high level of proficiency
and breadth of knowledge. Each presenter
brings skills based on experience and has
recognized expertise. The 2010
Colloquium program offers all the quality
you have come to expect from NGA.
Complete details of the Colloquium
program, speaker bios, hotel information,
available credits, and registration are at
www.guardianship.org/10Colloquium.
See colloquium schedule pages 4 and 5.
President’s Message
By Kathleen Buchanan, NCG
Guardianship: “Restoration of Civil Rights”
In the Southwest, we have many dry hot
summer days with temperatures reaching
110 blistering degrees. For most of us
this is not a real problem as we have air
conditioners and the knowledge of how
to use the device. However, can you
imagine how difficult this situation might
be for a person with diminished capacity?
How does one use the thermostat if one
can’t remember the skills necessary in
operating the unit. Imagine yourself for a
moment, wandering around in your home
having forgotten these skills and having
the resources at your disposal, but being
so confused that you are unable to use
the contraption, and in your best effort
you turn on the heater thinking it is the air
conditioner. This situation occurs all too
often and when we find the person they
are usually wearing a sweater or light
jacket not understanding why they are
“hot.”
This brings me to the core of my dia-
logue; guardianship by legal definition is
used synonymously with taking away an
Welcome New Members!
Quincy Abbot ....................West Hartford CT
David Bakutis ........................Fort Worth TX
Barbara Barney ......................Wakefield NH
Victor Barth ............................Columbus WI
John Beckfield ............................Salem OR
Thomas Bevington ................Cincinnati OH
Elaine Blanton ............................Urbana OH
Michael Bogle ................................Mesa AZ
Rachelle Boucher ......Sagamore Beach MA
Stanley Brokl ......................Carson City NV
Martha Brown ....................Albuquerque NM
Gary Chase ..........................Silver City NM
Randy Costales ................Albuquerque NM
Elizabeth Crosby ..........................Gilbert AZ
Laurie Dart-Schnaufer ............Slatington PA
Peggy DeVivo ..................Winter Haven FL
Glenn Dunne ............................Portland ME
Lani Elder ..............................San Diego CA
Shawn Eldridge ........................Portland OR
Chelsey Evenson ......................St. Paul MN
Carole Gaherin ........................Spokane WA
Bryan Gantz ........................Las Cruces NM
Susan Garrison ..........Oakbrook Terrace IL
Connie Glass ..........................Huntsville AL
Jeanette Goodwin ......................Denver CO
Barbara Gray ..........................Planation FL
Becky Hanavan ......................Palm Bay FL
Kim Haris ....................................Clinton NJ
New members from November 16 to February 22
individual’s rights. However, the practical
application holds a very different mean-
ing. Guardians serve as the advocates
who restore basic human rights by ensur-
ing dignity, respect, and basic needs are
being met by those compromised with di-
minished capacity. Guardianship is the
“restoration of basic human rights.” I
have become a champion for this cause
because of the importance it holds now
and into the future.
Guardianship, guardians, and the field in
general, is vastly misunderstood and pre-
judged by a large segment of the popula-
tion. The reasons are varied and many,
as are the types of guardianships and the
laws that regulate guardians. However, I
believe consensus can be achieved in
recognizing a segment of the population
would be forgotten if it weren’t for de-
voted and caring family and professional
guardians.
As I reflect on my career, I feel extremely
fortunate to have been afforded the op-
Dianne Harms ..........................Willmar MN
C. Scott Heggie ..............................Lynn MA
Jaycee Johnson ............................Kent WA
Tim Johnson ..............................Novato CA
Susan Johnson ..........................Novato CA
Cheryl Johnston ....................Las Vegas NV
Gayatri Joshi ..............................Clinton NJ
Richard Kruger ..............................Globe AZ
Connie Kruse ..........................El Cerrito CA
Lori Lashley ......................Sun City West AZ
Randi Lawrence ..................Coudersport PA
Christine Little ......................Flemington NJ
Dwayne Logie ..................West Chester PA
Lisa Lunceford ..........................El Paso TX
Stephen Mantell ............Pawleys Island SC
Mary Markovich ........................Raleigh NC
Dianne McQuarrie ........................Dallas TX
Elaine Morgan ....................Port Ludlow WA
Julia Nelson ......................La Crescenta CA
Mary O'Keefe ........................Galveston TX
Shirley Olson ............................Willmar MN
Rebecca Oparnico ..........................Boise ID
Thomas Peterson ........................Tucson AZ
Lisa Pinio ..............................Flemington NJ
Sherri Pollard ........................Des Moines IA
Katherine Raulerson ....................Tampa FL
2
portunity to be a
part of a profes-
sion that has
given me the abil-
ity to make a dif-
ference.
As we all embark
on a new year in
2010, I am ex-
cited to be a part
of the National
Guardianship Association’s mission to ad-
vance the nationally recognized standard
of excellence in guardianship. To assist us
in this process, the NGA Board has ranked
goal areas for this year with the objectives
identified for implementation within each
Pillar area. This is the perfect opportunity
for you as a member to get involved and
lend your expertise on a committee, task
force, or a project team.
There is no greater accomplishment than
being part of a process that enacts change.
I encourage you to join one of the Pillar
committees and share the wealth of your
knowledge and expertise.
Teddi Roberts ............Colorado Springs CO
Marie Rodrigo ................................Miami FL
Joel Sawyer ..........................Fort Worth TX
Laura Sealey ....................Federal Way WA
Paul Seideman ..............................Boise ID
Carol Seltzer ........................Charleston SC
Teresa Sene ............Whitehouse Station NJ
Christine Shea ........................Palm Bay FL
Laura Short ..................................Globe AZ
Shelly Shults ..........................Fort Worth TX
Neal Smith ..............................Lanesville IN
Jennifer Smith Watson ..........Whitefield NH
Barbara Snell ..........New Smyma Beach FL
Sandy Somody ..........................Willmar MN
Anita Somody ............................Willmar MN
Stephanie Sorenson ................Portland OR
Kerry Spencer ....................Manchester NH
Robin Stephens ......................Ann Arbor MI
Telethia Szuba ......................Melbourne FL
Karin Tausan ........................San Diego CA
Jill Valentic ............................Ashtabula OH
Cynthia Van Vliet ..............Safety Harbor FL
Mabel Vanden Brink ..............Oceanside CA
Steven Walker ............................Goshen IN
Barbara Walker ....................New Albany IN
James Welch ..........................Sherman TX
Dale Wielechowski ................Lake Orion MI
Kim Winokur ............................Ann Arbor MI
Executive Director’s Message:
Parent of the Nation
By Terry W. Hammond, Esq.
I have been receiving a lot of calls lately
from public guardianship offices desperate
to identify ways to secure funding for indi-
gent public guardianship services for state
residents with diminished capacity. As I
became increasingly perplexed about the
issue, I began pondering this question:
What has happened to the parens patriae
doctrine?
As I dug deeper into the subject, I texted
my fourteen-year-old daughter, who is in
her second semester of high school Latin
and who speaks Latin around the house all
of the time, “Do you know what parens pa-
triae means? Her response: “No y?” I re-
sponded, “You’re the Latin expert.” Her
response, “Google it!” So, I did.
Most sources seem to agree that the
proper translation of the term is “Parent of
the Nation” or “Parent of His Country.”
Here is how dictionary.com (referencing
Webster’s) defines the term:
Main Entry: par•ens pat•ri•ae
Pronunciation: 'par-&nz-'pa-trE-"E, -'pA-, -
trE-"I; 'pär-ens-'pä-trE-"I
Function: noun
Etymology: Latin, parent of the country
Definition: the state in its capacity as the
legal guardian of persons not sui juris and
without natural guardians, as the heir to
persons without natural heirs, and as the
protector of all citizens unable to protect
themselves parens patriae and not as ad-
versary —Kent v. United States, 383 U.S.
541 (1966). Merriam-Webster's Dictionary
of Law. Retrieved February 14, 2010, from
Dictionary.com website:
http://dictionary.reference.com/browse/pare
ns patriae.
Simply put, the state cares for those who
cannot care for themselves.
In reviewing recent literature and postings,
there has been a great deal of discussion
about the high de-
gree of state in-
volvement in the
protection of chil-
dren. It seems that,
anecdotally, parens patriae is being recog-
nized and applied with regard to children
with much greater frequency, and perhaps
greater effectiveness, than with regard to
adults. I know that five years ago when a
number of Texas judges and lawyers en-
gaged in an effort to reform the Texas Adult
Protective Services system and to architec-
turally design a guardianship system for the
State, the Governor’s office declined to
support designation of the State of Texas
as guardian of last resort due to “liability”
concerns. So even after a $30,000,000 re-
form, Texas still does not have a guardian
of last resort. And Texas is not the only
state lacking a guardian of last resort.
You may have noticed an increase in re-
cent postings on the NGA Listserv about
practitioners experiencing difficulties in se-
curing Medicaid funding for guardianship

2010 NGA BOARD

services. Guardianship programs are clos-
PRESIDENT
Kathleen Buchanan, NCG
Las Vegas, NV ing down in several states around the

(702) 455-4332
kbu@co.clark.nv.us
or ngapresident@guardianship.org
PRESIDENT ELECT
Julia R. Nack, NMG
Columbus, OH
(614) 645-1928
JNack@coaaa.org
TREASURER
Hon. Irvin G. Condon
Charleston, SC
(843) 958-5193
irvcondon@charlestoncounty.org
SECRETARY
Beth Upshaw Mathews, NCG
Duluth, MN
(218) 529-2241
bmathews@lssmn.org
CGC REP.
Colleen Colton, NMG
Fort Worth, TX margy_campbell@xmission.com
(817) 921-0499
ccolton@guardianshipservices.org
PAST PRESIDENT
Vicki V. Alkire, NMG
Sarasota, FL 32433
Phone: (941) 921-1962
vicki.alkire@verizon.net
EXECUTIVE DIRECTOR
Terry W. Hammond
Santa Monica, CA
(310) 451-4232
ngaexecutivedirector@guardianship.org
BUSINESS MANAGER
Patricia E. Heuser
Bellefonte, PA
(877) 326-5992
info@guardianship.org
OF DIRECTORS
country, and non-profit organizations are
struggling to secure funding to care for
those without “natural guardians.”
~ DIRECTORS ~
Lori Bays, M.A., MFT, NCG Kim Grier, NCG The NGA Board of Directors has, for the
San Diego, CA Atlanta, GA first time, established a Guardianship Ad-
(858) 694-3516 (404) 520-2101
vocacy and Public Policy Development
lori.bays@sdcounty.ca.gov kimgrier@att.net
Committee that will be focused on “achiev-
M. David Blake, NCG, Esq. Michelle R. Hollister ing universal uniformity in standards of
Boston, MA Delray Beach, FL practice and procedures, and to advance
(617) 723-3224 (561) 733-4242
public policy that ensures integrity and due
david@blakelaw.com mhollister@solkoff.com
process in the implementation of guardian-
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-
(801) 281-1100 (202) 434-2152
shurme@aarp.org
tives in the coming year, but with public
guardianship systems vanishing we should
Ginny Casazza, NCG, BA Russell H. Marshall, NMG all take action now to educate those who
Reno, NV Campbell, CA develop public policy about the corner-
(775) 287-5005 (408) 874-0999
ginnycasazza@clearwire.net russ@marshallfiduciary.com stone of American guardianship:
Hon. Patrick W. Ferchill J.R. Rittenhouse The State is the protector of all citizens un-
Fort Worth, TX Phoenix, AZ able to protect themselves parens patriae –
(817) 884-1415 (623) 878-4652 as Parent of the Nation.
pferchill@tarrantcounty.com jrwolf@q.com
And, my daughter will go to school tomor-
Jane Gildersleeve, NCG Madeleine Sharko, JD
row with a new Latin term for her class to
Provincetown, MA Chicago, IL
(508) 487-3760 (312) 793-5900 learn.
janegildersleeve@msn.com madeleine.sharko@illinois.gov

3
 A National Colloquium on Guardianship
Friday, April 23, 2010
Chicago Marriott O’Hare, Chicago, IL

Handling Worst Case Scenarios

Thursday, April 22, 2010 - Colloquium Welcome Reception 5:30 pm - 7:30 pm
Hosted by the NGA Premier Experts: Dominion Insurance, SEM Applications, & Prudent Investors Network

Friday, April 23, 2010 - Colloquium in Session - 8:30 am - 5:30 pm

8:30 am Welcome/Opening Remarks
John Wank and Madeleine Sharko, Colloquium Co-Chairs
Terry Hammond, NGA Executive Director
8:45 am Representing Wards in Criminal Matters
Michael T. Brody, Esq., Jenner & Block LLP
Gino M. Peronti, Esq., Legal Offices of Gino Peronti
Keith Porapaiboon, Esq., Jenner & Block LLP
Our panelists will discuss the challenges of representing per-
sons, adjudicated incompetent, in criminal matters. Specifi-
cally, they will address the intersection of guardianship and
criminal law. They will illuminate the restrictions that guard-
ians encounter when a disabled person is incarcerated. They
will offer suggestions on how to assist guardians when faced
with this issue.
10:00 am Break
10:30 am The Limitations of a Legal Guardian:
Immigrants and John Doe Cases
Stephanie Altman, Health & Disability Advocates
Amy McCarty, Esq., Monahan and Cohen
Laura Wahlfeldt, RN, Stroger Hospital
Presenter from DHS-ICE
Our panel will discuss various aspects of this issue including
case studies addressing the problems faced by hospitals,
long term care facilities and discharge planners; challenges
faced by petitioning attorneys and guardians; the expecta-
tions of the probate court; Medicaid eligibility hurdles;
verifying immigration status and any currently available or
proposed strategies that might facilitate repatriation, natu-
ralization or funding for health care needs.
Noon Group Lunch - Sponsored by
The Council on Accreditation
1:15 pm Saving Granny: Using UAGPPJA to Protect
the Rights of Persons with Disabilities who have Issues in
Multiple Jurisdictions
Eric M. Fish, JD, Uniform Law Commission
Anthony E. Rothert, JD, ACLU of Eastern Missouri
John H. Wank, JD, IL Guardianship & Advocacy Commission
A discussion of two case situations that illustrate granny
snatches and transfer battles. Panelists will explain ways in
which the proposed Uniform Adult Guardianship and Pro-
tective Proceedings Jurisdiction Act (UAGPPJA) would alter
the outcome of such cases and make disputes easier to re-
solve, less costly for the litigants, and provide the courts and
practitioners more orderly process for resolving disputes.
2:15 pm Break
2:45 pm Risky Business: How to Utilize The NGA
Standards of Practice when Confronted with Worst Case
Scenarios
Greg S. Mullowney, JD, NMG, LA Guardianship Services
Peter Q. Santini, NCG, Pima County Public Fiduciary
Panelists will present cases that demonstrate the tension
between autonomy and best interest that are common in
guardianship practice. Each will share perspectives on these
cases and include the audience in devising solutions.
3:45 pm Break
4:00 pm Judges Panel - Case Studies
Judge Eric Brown, Franklin County, OH
Judge Kenneth Deihl, Macoupin County, IL
Judge Louis Mineau, Rock County, WI
Judge Diane Schneider, Lake County, IN
Two Judges from Cook County, IL (invited)
Judges will discuss the latest guardianship and conservator-
ship issues. Participants will have the opportunity to ask
questions of the panel.
5:30 PM Adjourn

Saturday, April 24, 2010 - Optional Opportunity to Obtain Guardianship Certification

You must pre-register with the Center for Guardianship Certification to sit for the certification exam. This exam is not ad-
ministered by NGA and registration for the Colloquium does not include the exam. To register for the exam or for questions
contact the CGC. Information at www.guardianshipcert.org or 717-238-4689.

Online registration at: www.guardianship.org/10Colloquium

 About Continuing Education Credits What Are the Objectives of Each Session?
Guardianship Credits
NGA’s Colloquium is approved for guardianship continuing Representi
Rep
presenting Wards in Crimin
Criminal Matters
education credits by the Center for Guardianship Certification, To identify the client in a guardianship
guardiansh case when the disabled person
California Fiduciary Bureau, and Texas Guardianship Certification. is charged with a crime.
A generic Certificate of Attendance will be provided in your packet
for this use. NGA will also be applying to CE Broker (Florida Public To educate guardians about the need for separate competent repre-
Guardian Office), and Professional Guardian Certification Board of sentation for a ward’s criminal charge.
charg
Washington State. Certificate fees apply to receive Guardianship To examine the relationship between guardian and ward when the
CEU’s for Florida and Washington.
ward has personal counsel for crimin
criminal defense.
Verified Certificate To illuminate how guardianship may fail
f to protect an incarcerated ward.
For those who wish to pursue continuing education credits that
were not pre-approved, a signed certificate to officially verify TThe
hee Limitations of a Legal Guardian:
Guard Immigrants & John
attendance will also be available for purchase. Individuals who
purchase this document will use it on their own to follow their
D oe Cases
Doe
state’s procedures for CEUs. TTo
o review status of funding, obstacles to service delivery, verification of
immigrati
im
mmigration status, repatriation, and securing
s long term care placement.
Legal Credits TTo
o provide recommendations for hand
handling situations.
NGA is applying to offer Continuing Legal Education credit for Il-
linois and surrounding states (Indiana, Michigan, Wisconsin, Iowa, TTo
o discuss the role of the service provider,
prov guardian, and DHS-ICE.
Kentucky, and Minnesota).
SSaving
avving Granny: Using UAGPPJA to Protect the Rights of Persons
Obtaining Credits with
w itth Disabilities who have Issues in Multiple Jurisdictions
This Colloquium program has the potential for a total of 6.25 credit TToo highlight the personal and financia
nancial toll on an incapacitated person
hours. Because each accrediting body must approve the program aand
nd their family resulting from the lack
lac of uniformity in state guardian-
prior to assigning credits, the specific number of credits accepted ship laws
by each state will not be confirmed until the Colloquium.
TToo increase appreciation for the difficulti
cu es experienced by practitioners
Certificate of Attendance aand
nd parties when guardianship laws aare not uniform.
Fees for a Certificate of Attendance vary and are based in part on TTo for passage of UAGPPJA in their
o prepare participants to advocate fo
the costs NGA incurs to have a course accredited. Fees may be
handling such cases in jurisdictions in
states; or apply new strategies for han
paid in advance by completing the Certificate Order Form included
with this brochure or found on the website. To issue a Certificate, wwhich
hich UAGPPJA has been enacted.
NGA must also receive your attendance sign-in sheets, provided at TTo
o establish a more advanced level of practice when adjudicating guard-
the Colloquium. All certificates will be sent via email or U.S. mail ianship
iaanship issues with cross-border implicati
implic ons.
following the Colloquium.
Risky
R issky Business: How to Use the N
NGA Standards of Practice
Use the form provided or go online to order a
Certificate of Attendance before the Colloquium. when
w hen Confronted with Worst Case
Cas Scenarios
TTo
o identify behaviors that create risks for both the ward and the guard-
ian,
ia
an, including behaviors that could result
res in liability against the ward or
Hotel Reservations the ward’s estate and even against the guardian.
Chicago Marriott O’Hare TToo develop a greater understanding of how ‘worst case scenarios’ may
8535 West Higgins Road, Chicago, Illinois 60631 impact
immpact on the provision of guardianship
guardiansh services, incur legal liability or
ccause
ause other practical consequences. Guardians
G will be challenged to
Phone: 773-693-4444 / www.marriottohare.com think more pro-actively about issues and
a laws relating to risky behaviors
Discounted Rates: $89 Single / Double off wards.
o
(State & local taxes currently 15.4%) TToo emphasize issues relating to a guardian’s
guar ability to consent (or refuse
cconsent)
onsent) to requests to control risky behaviors
b and to advise guardians
NGA recommends calling the hotel’s direct line:
off legal and practical issues to conside
o consider when deciding consent requests.
773-693-4444
To insure you receive the group rate, clearly identify yourself as TTo
o develop recommendations on how to respond to the issues through
being with NGA. It is important that you alert the hotel to any interacti
innteractive, collaborative opportunitiees between the speakers and the
special rooming needs or arrangements at the time of this call. aaudience.
udience.
The group discount is not available for online reservations.
JJudges
ud
dges Panel - Case Studies
NGA’s Discounted Rate Expires Thursday, April 1 TToo engage participants in a stimulating and informative discussion of
gguardianship
uardianship issues.
The discount deadline does not mean that rooms are certain
to be available until that date. Reservations are accepted on a TTo
o provide a judge’s perspective of the difficult issues in guardianship
first come-first served basis and the NGA block may fill before aand
nd how courts confront these issues.
the deadline. Rooms at the NGA rate will be available until our TTo
o question the judges on how a court might handle their problem.
hotel block is full or April 1, whichever comes first. NGA does
TTo
o outline the best practices courts ar
are using in guardianship.
not guarantee room availability.

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

Today a Texas woman with Alzheimer’s finds herself comforted

because of one guardian who found a way to make her nursing
home room into a “home.” It is a story that has been called
“uplifting” by Judge Patrick Ferchill who originally appointed
Colleen Colton’s Guardianship Services, Inc. (GSI) to take care
of Ms. X.

This tale of “good” guardianship began with GSI volunteer

guardian David Hardee who wondered if there wasn’t a way to
provide a better setting for the individual in his care and a vi-
sion that was facilitated by Kathy A. Christoffel of Wells Fargo,
who worked out some details of having the room transformed.

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
the trio a free-reign, except for minor safety details, like no
scatter rugs. Kathy reports, it turns out many nursing homes
are quite open to having rooms individualized with paint and
items from home. “It doesn’t have to cost a lot,” she points out.
As the room developed, the decorator became excited and
was able to bring items from the home of Ms. X to add to the
décor and make the room feel more familiar. Kathy suggests it
would be easy to just pick small personal mementoes and
place them in a shadow box to display on a wall.

The caregivers know the room’s new look won’t change what is
going to happen to Ms. X due to her Alzheimer’s, but through
little touches they have created an atmosphere that she says
give her the sense of “being in her own home.” For instance,
they learned she likes flowers so they designed an arrange-
ment for her door that not only looks lovely, but helps her iden-
tify her room from the hallway.
The results of this project have already generated many in-
quiries from families of others in nursing homes. But for David,
Lois, Kathy and Judge Ferchill perhaps the greatest reward
came from Ms. X herself, when she told them how happy she
was with her new room because it “makes her feel safe.”

ABA Intern Seeking

Educational Videos
Danielle Valdenaire, an intern for the ABA Commission on Law
and Aging, is currently updating a list of adult guardianship ed-
ucation training videos, DVDs, and movies available online.

She has had a number of responses to her NGA Listserv re-

quest for information and at the time of the posting she was
aware of links or materials for the following states: Michigan,
Alaska, Maine, New York, DC, Ohio, Massachusetts, Cali-
fornia, Illinois, and North Carolina.

If there are additional videos, DVDs or online movies in states

not listed, please notify her at valdenad@staff.abanet.org.
Danielle plans to provide NGA with her completed list for the
next issue of the newsletter.

6
Preserving Control With Words is Priceless
A January 15 blog from David Solie, MS, PA
http://www.davidsolie.com/blog/
I was asked for suggestions on how to help
seniors preserve control in a hospital set-
ting where all control quickly vanishes. In-
teresting question, I thought. What would
make things better? And then I remem-
bered David.
David is a friend of mine who suddenly fell
into a frightening rabbit’s hole when he was
being worked up for cancer. What was sup-
As she outlined one item at a time, Ellen’s
mother had questions. “Let’s find out,”
Ellen told her. Knowing what is going to be
done and in what order is the first step in
regaining control. The dry erase lapboard
provided a visual aid to decode the
process and resulted in a fundamental shift
in the balance of power for Ellen’s mother.
The same approach was used throughout
her hospital stay and at discharge.
Here is what the dry erase lapboard outline
looked like on the day Ellen’s mother was
discharged:
1. New Medication > Reduces Fluid Build
Up >Take One Every Day
2. Walking > Strengthens Heart > 15 Min,
Twice A Day
3. Follow Up > Family Doctor > Two Weeks
The board costs four dollars. The marker
two dollars. The ability to understand and
preserve control: priceless.

Family Care NavigatorSM

posed to be a routine outpatient biopsy
triggered a medical crisis that sent him di-

State-by-State Help for Family Caregivers

rectly to intensive care. Thankfully, he
clawed his way back out of this nightmare
after weeks of doom, gloom, and what
If you are providing care to an older or disabled family member or friend, you know that nav-
seemed like endless setbacks. But he said
igating the long-term care system can be difficult. This state-by-state resource is intended to
something to me during one of my visits
help you locate government, nonprofit, and private programs in your area. It includes serv-
that gave me a jolt of fear and insight. “I
ices for family caregivers, as well as resources for older or disabled adults living at home or
am losing track of what is happening,” he
in a residential facility. It also includes information on government health and disability pro-
said in a medicated monotone. “I am losing
grams, legal resources, disease-specific organizations and much more.
my ability to figure things out.”
www.caregiver.org/caregiver/jsp/fcn_content_node.jsp?nodeid=2083
This disorientation happened to a middle-
aged, educated, no-nonsense adult. What
happens if you wind up in the hospital at
advanced age, wrestling chronic illness,
and overwhelmed by the healthcare sys-
tem? Now what?

It turns out, words are not enough. With so

much information coming at hospitalized
seniors from all sides and wrapped in med-
ical jargon, seniors quickly get over-
whelmed. They need a better way to
manage information. Enter the lowly dry
erase lapboard. This simple yet elegant
white 9”X12” melamine hardboard turns
out to be an ideal control preservation tool.
Here’s how.

Ellen’s mother was admitted to the hospital

for suspected congestive heart failure. Her
mother was anxious and having a hard
time understanding all the things that
needed to get done for the medical work
up. Sitting on the edge of her mother’s bed,
Ellen used a dry erase lapboard to outline
what was going to happen and why. It
looked liked this:

1. CXR > Lungs > Any Fluid?

2. Echo > Heart > How Strong?

3. Test > Blood > Any Problems?

7
Meet NGA’s 1000th Member
On December 1, 2009 the National
Guardianship Association enrolled our
1000th member, an achievement that is
truly a tribute to all who have a commit-
ment to make NGA the very best that it can
be, as well as to everyone who has en-
couraged others to join our NGA family.
No prizes and confetti showers go to the
1000th member, but we want to introduce
you to her because the reasons she joined
NGA and the quality she represents in
guardianship are as true today as they
were when this association was founded
over 20 years ago.
Meet Martha J. Brown, MSW, LISW, C-
ASWCM, NCG from Albuquerque, NM. She
is part of the team at Geriatric Care Manage-
ment, LLC (GCM), which has been servicing
the New Mexico community and families
from around the U.S., since 1994. Recently
elected to the Board of Directors for the New
Mexico Guardianship Association, she was
part of that organization’s Community Edu-
cation Committee that produced a set of
videos designed to educate family guardians
in a state that covers lots of territory and
serves a large rural population. (Videos at
www.nmgaresourcecenter.org)
It was back in 2005 that Martha became a
National Certified Guardian (NCG) through
what was then the National Guardianship
Foundation, now called the Center for
Guardianship Certification. She says that,
like many people, “I mistakenly thought I
was joining NGA when I got certified.”
Martha always directed people to the NGA
website when she was asked how you
would find other guardians in New Mexico.
It was in November she realized even
though she is certified, she wasn’t actually
part of the list of professional guardians
who are NGA members. Her membership
application on December 1 rectified that
situation and made her NGA’s 1000th
member.
The importance of having her name listed
in the “Find A Guardian” section of the NGA
website may have initially driven Martha to
become a member, but other benefits of
membership will keep her active.
Martha is really enjoying the “collegiality” of
the NGA membership. She is especially
impressed with the NGA Listserv which al-
lows exchange of information and for the
way it “brings to light situations and ques-
tions of interest.”
She also values the many resources on the
NGA website saying. “I like what I’m read-
ing there and I often refer clients to the
website for information.”
Now eligible for the membership discount
on meeting registration, she’ll look forward
to NGA conferences much like the Arizona
event she attended where NGA and the
National Association of Professional Geri-
atric Care Managers (NAPGCM) held a
joint meeting. Networking during shared
sessions was a great introduction to many
other guardians. Martha is currently the
Co-Chair of the NAPGCM 2010 Annual
Conference, which will be held in Albu-
querque in April.
Martha Brown
Martha expressed just a few of her reasons
for joining NGA, but there is no doubt that
the association’s continuous growth can be
attributed to a steadfast focus on member
services and efforts to constantly enhance
the quality of guardianship across the na-
to 1983; Director of the Foster Grandparent
tion. Equally important has been the lively
Program in El Paso, Texas from 1983 to
sharing of information that is the keystone
1987; and employment in a hospital based
of our membership values. Whether
geriatric care management program in Al-
through meetings, the Listserv, or one-on-
buquerque, New Mexico from 1987 to
one networking, NGA has become a thriv-
1994. She is bilingual in Spanish and Eng-
ing national “community” of guardians,
lish.
fiduciaries and conservators.
Martha received her credentials as a Li-
In mid-2006 when the NGA Board started
censed Independent Social Worker (LISW)
thinking in terms of 1,000 members as an
from the New Mexico Board of Social Work
achievable goal, there were 651 names on
Examiners in 1990 and began her own
the NGA roster. In just over three years
geriatric care management business in
NGA’s value to the nation’s guardians, fidu-
1994. Originally called Senior Manage-
ciaries and conservators has become
ment, it became Geriatric Care Manage-
firmly established and with glowing reports
ment in 2000. Since 2005, she has also
from new members like Martha, the new
served on the board of the Western Region
dream of 1,500 members does not seem
Chapter of the National Association of Pro-
out of reach.
fessional Geriatric Care Managers
(WRGCM). She was the Co-Chair of the
2007 Western Region Chapter Annual
Martha J. Brown, MSW, LISW, C-ASWCM, Conference of the National Association of
NCG, graduated from University of Professional Geriatric Care Managers
Chicago in 1976 with a Master’s in Geron- (NAPGCM). In recognition of her “dedi-
tological Social Work (MSW). Her work his- cated and devoted service to furthering the
tory includes: Johnston R. Bowman profession” she was awarded the “2007
Geriatric Rehab Hospital in Chicago from Outstanding Chapter Member Award” by
1976 to 1979; Consultant for the Pan the NAPGCM.
American Health Organization to the Mexi-
can Government - Ministry of Health, 1979
8
 NEWS Ohio Judge Seeking Standards
for Attorney Guardians
WATCH
The comment period ended on January 29 for a set of 46 stan-
dards, which were proposed to govern attorneys who serve as
guardians in the court of Judge Eric Brown, Franklin County,
Ohio. The Columbus Dispatch reported on the “common-
sense” set of rules were partly inspired by a man wrongly
stripped of his freedom and property.
Ohio's Supreme Court is working on standards, but Judge
Brown said, “I saw a great need and didn’t want to wait.” He
said he was driven by his conviction “These are the most vul-
nerable citizens in our community. We can do better.”
Columbus Dispatch reporter Barbara Carmen contacted Sally
Balch Hurme, an NGA Board member for comments on Judge
Brown’s move. "It's pretty exciting,” Sally said. “This is the first
time a local judge has adopted these standards of practice for
(attorney) guardians." She hopes Brown will inspire other
judges across the country.
Brown found Keith competent in February 2006. He removed
the guardianship.
Brown's standards will apply only to attorneys, but he hopes
family, volunteer and other guardians will find them helpful.
He's sending his draft to attorneys, other guardians, nursing
homes and fellow probate judges, among others.
Proposed rules include requiring attorneys to attend training,
visit wards personally at least quarterly, not hire relatives with-
out permission, and designate someone to take over if the
guardian dies or quits.
"There are some guardians who have one or two or three
wards," Brown said. "Some have hundreds. Those may have
trouble meeting the standards."
But the rules, he said, are to protect wards.

Hurme’s thoughts were echoed by Julia Nack, NGA’s Presi-

dent-Elect and volunteer guardian program director at the Cen-
tral Ohio Area Agency on Aging. "I'm thrilled with these
standards," Nack said. "Guardianship is a very serious matter.
You are given control of the individual. You can grant consent
for surgery or refuse it. It's the most the government can do
short of putting you in prison."

What follows is more of Ms. Carmen’s article directly from the

Columbus Dispatch:

Brown was the Common Pleas judge appointed to hear the

case of Milous Keith after the previous Franklin County Pro-
bate judge recused himself. Keith, then 76, fought a court-ap-
pointed guardian for two years to regain control of his life.

"My learning experience with the handling of that case certainly

caused me to be concerned about the issues that arose,"
Brown said.

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."

The former city housing administrator had assets of more than

$600,000, court records say. Today, Etta Brown figures, her
brother has less than $150,000. Keith is suing his former
guardian's law firm, alleging that guardian Jim Hughes sold as-
sets at a loss, hired his father-in-law as a real-estate agent and
failed to inventory safe-deposit boxes.

9
NGA Partners With COA to Promote Excellence
In October 2009, the National Guardian-
ship Association (NGA) and the Council on
Accreditation (COA), the premiere interna-
tional human service accrediting body of
community-based social and behavioral
healthcare services, signed a
Memorandum of Understanding
to promote quality improvement
in agency guardianship systems
through COA accreditation. This
important partnership provides
both organizations the opportu-
nity to promote excellence in the
field of guardianship.
This partnership follows COA’s release of
its agency guardianship standards, which
support improved quality of life and re-
duced risk of abuse or exploitation through
transparent, ethical operations; manage-
able workloads; regular contact with serv-
ice recipients; and ongoing monitoring of
service quality and effectiveness.
As a result of the new relationship, organi-
zations that are members of NGA are eligi-
ble for a 15% discount on the COA accredi-
tation fee, provided that they are not al-
ready receiving a discount as a result of
their membership in one of COA’s Spon-
soring or Supporting Organizations.
The agency guardianship
service standards were devel-
oped in response to a signifi-
cant increase in the aging
population and the resulting
need for national accreditation
standards of best practice that
would help to protect and im-
prove outcomes for this vul-
nerable population. Through its relationship
with COA, NGA will be able to expand its
exposure to guardians and conservators
and help its membership ensure that serv-
ice delivery is of the highest quality. In ad-
dition to standards specific to agency
guardianship service delivery, COA’s Ad-
ministrative and Management and Service
Delivery Administration standards address
important areas such as ethical practice,
10
risk prevention and management, client
rights, and financial management which
will establish transparency and organiza-
tions that function optimally.
Founded in 1977, COA is an independent
not-for-profit international accreditor of the
full continuum of community-based behav-
ioral health care and human service organ-
izations. Today, over 1800 organizations -
public and private - are either COA accred-
ited or are in the process of seeking ac-
creditation. These organizations serve
over 7 million of our most vulnerable indi-
viduals each year.
If you would like more information about
COA and its accreditation processes and
standards, please call 866.COA.8088, ex-
tension 263 or visit them at:
www.coanet.org
www.coastandards.org
www.coacanadastandards.org
www.coaafterschool.org
NGA Affiliate State
Associations
Alaska State Association for
Guardianship and Advocacy (ASAGA)
Arizona Fiduciaries Association (AFA)
Professional Fiduciary Association of
California (PFAC)
Florida State Guardianship
Association (FSGA)
Idaho Guardianship and Fiduciary
Association
Illinois Guardianship Association (IGA)
Indiana State Guardianship
Association (ISGA)
Kentucky Guardianship Association
(KGA)
Massachusetts Guardianship
Association
Michigan Guardianship
Association (MGA)
Minnesota Association of
Guardianship and Conservatorship
(MAGiC)
Missouri Association of Public
Administrators (MAPA)
Nevada Guardianship Association
Guardianship Association of New Jersey,
Inc. (GANJI)
New Mexico Guardianship
Association (NMGA)
North Carolina Guardianship
Association
Guardianship Association of North
Dakota, Inc. (GAND)
Ohio Guardianship Association
Guardian/Conservator
Association of Oregon (GCA)
Conservatorship Association of
Tennessee (CAT)
Texas Guardianship
Association (TGA)
Virgina Guardianship
Association (VGA)
Washington Association of Professional
Guardians (WAPG)
Wisconsin Guardianship Association
For contact information, go to
www.guardianship.org
State Affiliate News
across
Code to address the new regulatory over-
the nation
sight of the Fiduciary Board when receiving
complaints about licensed fiduciaries who
are acting in the capacity as an agent
under a Power of Attorney or trustee/suc-
cessor trustee of a trust. The Fiduciary
Board did not previously have jurisdiction
to consider disciplinary matters involving
these two capacities.
(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-
Website as information is received.) afiduciariesassociation.blogspot.com/
Alaska – The Alaska State The AFA has determined that this is a more
Association for Guardian- up-to-date way to communicate with mem-
bers and expects that this new blog format
ship and Advocacy
(ASAGA) held its 15th an- will replace its quarterly newsletter.
nual conference in August
California –In mid-January PFAC
2009. Dr. Vicki Schmall of
had its first Strategic Planning ses-
Alaska presented a half-day session about
sion in 10 years. A coordinator
suicide and depression in the elderly. The
ran the session along with
conference also included a highly praised
three past presidents. Al-
interactive session where participants
though the day was long,
worked together on case studies to find so-
valuable information was
lutions to difficult decisions and dilemmas
shared and learned that will be helpful with
in guardianship. Currently ASAGA is
PFAC’s future. As a result the Mission
working on updating the video which all
Statement is being revisited, the website
family guardians are required to watch
will be revised to be more user friendly,
when appointed as a guardian in Alaska
and branding efforts are underway. PFAC
and on planning its August 2010 confer-
is hiring a consultant to assist in the devel-
ence.
opment of more positive public relations in-
Arizona – The Arizona Fi- formation for the organization. The next
duciaries Association, Inc. step is to create a speakers bureau.
is working closely with the
PFAC is still working with Rick Wallinder of
Arizona Chapter of the Na-
the Professional Fiduciary Bureau to pro-
tional Academy of Elder
vide feedback on the fate of the licensing
Law Attorneys to support
of fiduciaries. Assistance has been en-
the passage of the UAGPPJA. Introduced
listed from the Bar Association and others
as HB2426, it passed the House Judiciary
who value the need for continuing licensing
Committee on January 25, 2010 with a 7-0
of this profession. PFAC is working to-
vote and has been assigned to the Rules
wards clean-up of various legislative issues
Committee. As it currently stands, there is
in order to provide some continuity and
no known opposition to the bill.
consistency in the language.
Two AFA Board members, President Lisa
Florida – Michele Hollis-
M. Price and member Heather Winters-Bill,
ter, head of the State Public
have been appointed to serve on the Fidu-
Guardianship Office (SPGO) has
ciary Board Regulatory Scope Subcommit-
returned to the private sector and
tee. They will work closely with members of
will work with the law firm of Scott
the Fiduciary Board, the judiciary and other
Solkoff in Broward County. Members of
fiduciaries from around the state to make
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
duciaries. Specifically, the subcommittee
will be working to update the Administrative continued on next page
11

continued...
processes involved in the practice
guardianship. In meetings around the
state, participants will help identify charac-
teristics needed to perform guardianship
functions at the highest level. These prac-
tices will become part of the new training
and mentoring process to help us grow
“better” guardians.
Florida is up and running with electronic
fingerprinting with electronic prints on file
for life. The process will help reduce the
onerous process of regular re-printing for
enforcement purposes.
FSGA has been instrumental in developing
the training course for members of the
court appointed examining committees
which evaluate our potential wards. This
course is directed at helping committee
members understand, target, and measure
more accurately the information and in-
sights needed by the courts as they act on
guardianship and incapacity related issues.
Idaho - This year the Idaho Guardian
and Fiduciary Association initiated a
website (www.igfa.us) to provide in-
formation about our organization
and links to services for
those with guardian or con-
servator concerns. The or-
ganizational infrastructure is
being upgraded to include corporate and
board member binders; a new meeting
venue with telephone conferencing avail-
able for our widespread membership and
the option to offer online presentations; for-
malizing our membership list to be distrib-
uted to members statewide to improve
networking and evaluating our growth po-
tential.
Education provided to members at monthly
meetings includes presentations by the
Ada County Guardian Mentoring Program,
Ada County Community Board of
Guardians, Washington Bank representa-
tives on services for conservators, an iden-
tity theft specialist, hospital discharge
planning for wards and others, Veteran Ad-
ministration Hospital new programs and re-
verse mortgages to fund living expenses.
An education project was spearheaded by
Grant Kane MSW, court visitor in conjunc-
tion with our district judge, Christopher Bi-
eter to improve the quality of court reports.
State Affiliate News
Many of IGFA members and other court lators with regard to the potential positive
visitors attended the training sessions. In outcomes of passage of the bill.
December a demonstration of the online
The Lexington Herald Leader is developing
guardian and conservator training was
a story related to guardianship. KGA mem-
held. Spearheaded by group members in
bers Pam Teaster and Sue Crone were
2007 and funded by a grant, the online
contacted by the reporter, but the article
training was developed with input from the
has not yet been published. The reporter
membership especially Stephanie Bender
did appear to be interested in possibly de-
Kitz, Ph.D. It will be mandatory training for
veloping a second article with KGA in Octo-
all new court appointed guardians within 90
ber, National Guardianship Month.
days of appointment.
Michigan – The Michi-
Indiana –The Indiana State
gan Guardianship Asso-
Guardianship Association
ciation Spring conference
has a campaign underway
will start with speaker Tim Cu-
for 2010 membership. Each
sack and end with the Judge's
member was asked to sub-
Corner. There are many ses-
mit names of three col-
sions in between that should
leagues who would benefit
prove enlightening. Register
from membership/networking.
at www.michiganguardianship.org. MGA is
The Indiana State Guardianship Task also attempting to get on the agenda for
Force met in December and is planning a the statewide Judge's conference to be
day long retreat in March. As a member of held in June.
this task force, ISGA is committed to as-
Minnesota – The Min-
sisting others to identify the current issues
nesota Association for
and needs for Guardianship throughout the
Guardianship and Conserva-
state. Educational Speaker/Luncheon pro-
torship has formed a new Com-
grams awarding CEU’s for National Certi-
munications position on the
fied Guardians will be offered April, June,
Board position to be in
and August of 2010 in Indianapolis with the
charge of website content development
dates and times to be posted at www.indi-
and upkeep, responses to media stories
anaguardian.org. There is a Guardianship
regarding guardianship and conservator-
Symposium Co-sponsored by ISGA and
ship, returning messages left on our voice-
the Indiana Adult Guardianship Services
mail system, and other similar duties as to
Project (IAGS), May 12 in Indianapolis for
be determined and assigned by the Execu-
more information email
tive Committee.
iagsproject@yahoo.com.
A citizen-led Guardianship Task Force, cre-
Kentucky – The Kentucky
ated some time ago, consists of some leg-
Guardianship Associ-
islative-connected individuals as well as
ation presented its
representatives from nearly every occupa-
first John “Reg”
tion associated with guardianship and con-
White scholar-
servatorship in the state. While MAGiC’s
ship to Angela DeFebbi, a junior Social
offer to join and assist was inexplicably re-
Work major at the University of KY. She will
jected, several of board members are in
be recognized at the conference May 18
the group representing their employers,
and is currently finalizing details on com-
keeping close tabs on the situation. The
pleting her senior practicum with Ken-
primary focus of the group is to continue to
tucky’s public guardianship program.
enact legislative change to address per-
KY House of Representatives passed HB ceived inconsistencies and omissions, all
86 - UAGPPJA. The bill is currently in the to improve guardianship and conservator-
Senate Judiciary Committee. KGA has ship in the state. They pick and choose
been working in conjunction with the
Alzheimer’s Association on educating legis- continued on next page
12

continued...
MAGiC-endorsed policies and there ap-
pears to be some different agendas at play.
Missouri – Organiza-
tions are feeling the fi-
nancial crunch of the US
economy and benefits
being removed from
services due to state
budgets being cut. Mental Health
Providers from across the state planned
their “Hill Day” trip to Jefferson City on
February 11 to advocate to “do not harm”
to the current budget for mental health and
special needs services here in Missouri.
We will have to see how that comes out
later. Public Administrators across the
state are busy with providing training on a
Regional level by the Vice-Presidents of
each region. The Missouri Association of
Public Administrators has a website:
www.mapainfo.org with links to other pro-
grams of interest to those serving as
Guardians and Conservators.
Nevada - The Nevada
Guardianship Association is
working on its application for
a 501(c)(3) status with the
IRS. As part of its process,
NVGA has recently adopted a
Strategic Plan to guide its
progress over the next five
years. NVGA is also revising its bylaws to
ensure that they reflect the current mission.
NVGA will publish its first newsletter for
Winter 2010 with its inaugural launch after
final revisions are complete. The associa-
tion initially expects to issue newsletters
every six months. Nominations are being
sought for three open board positions.
Elections will be held at the General Mem-
bership meeting on March 18. New offi-
cers will also be elected at the Board
Meeting that follows the membership meet-
ing that day.
North Carolina -
Plans are now com-
plete for our annual
conference and the
program has been sent out. The response
has been exceptional, because of the
strength and quality of this year’s program.
Using a small grant from the Mary Duke
Biddle Foundation, the North Carolina
State Affiliate News
Guardianship Assocation will revise and
update a brochure on Guardianship in
North Carolina.
Ohio – In the judicial
area Minimum Stan-
dards for guardians
have been approved by
the parent committee
and are on their way to
the Justices for their review.
A symposium called the Summit on Aging
will be held on October 15. It will be by invi-
tation only, with each county probate judge
invited to bring 3 agency representatives of
his/her choice. The Summit in part will
teach them how to develop interdisciplinary
guardianship teams.
Oregon –The
Guardian/Conservator
Association of Oregon
bi-annual conference
in May will cover
areas ranging from
disaster planning for clients to forensic ac-
counting, from ethics to boundaries. The
first member meeting of 2010 was held
February 19 with three speakers including
an attorney, professional fiduciary and the
Director of the Multnomah County (Port-
land area) Probate Department. GCA Ore-
gon continues to grow; working on
branding, education and outreach to rural
Oregon. To that end, Governor Kulongoski
and the 2009 Oregon Legislature imple-
mented and task force to look at ways to
enhance the availability of public guardians
in rural Oregon. GCA Oregon is also start-
ing the process of implementing a mentor-
ing program.
Texas – Texas
Guardianship Asso-
ciation is making a
strong effort this
year to encourage
the TGA Members
to serve on one of
the TGA Commit-
tees to increase membership involvement.
TGA did a mailing to all members at the
end of January as a reminder for the mem-
bers to pay their annual dues if they had
not already done so.
13
At its first board meeting for 2010 on Janu-
ary 22 in Waco, TX, TGA inducted three
board members for the positions that ex-
pired 12/31/09. The officers for 2010 are:
President – Kirk Monroe, VP-Tracey Kelley,
Secretary – Margaret Webster and Treas-
urer-Chris Clausen. The members at large
include: Vickie McMurry, Sundra Spears,
Debby Salinas Valdez, and Jana Taylor.
Inez Russell remains the Executive Direc-
tor. Claire Shell and Donna Baugh are
contract employees.
Virginia - Three sepa-
rate bills have been
under consideration by
the 2010 Virginia General Assembly.
The Uniform Adult Guardianship and Pro-
tective Proceeding Jurisdiction Act (SB80)
was proposed to establish a mechanism
for resolving multi-state disputes regarding
adult guardianships and conservatorships.
This Act has been carried over to the 2011
Virginia General Assembly in the Senate
Courts of Justice Committee.
After substantial revisions were made to
Advance Medical Directives by the 2009
Virginia General Assembly, additional revi-
sions have been proposed in Senate Bill
275. One change authorizes a public
guardian program in Virginia to admit an in-
capacitated person to a mental facility
under certain circumstances just as a pri-
vate guardian was authorized to do in the
revisions of 2009. The bill introduces the
term ”capacity reviewer” as the person pro-
viding the second certification that a per-
son is unable to make an informed medical
decision and this person can be a licensed
physician, clinical psychologist, nurse prac-
titioner or clinical nurse specialist who is
qualified by training or experience to as-
sess whether a person is capable of mak-
ing an informed medical decision. Another
proposed change would eliminate the re-
quirement of certification by a capacity re-
viewer, a second physician, or a licensed
clinical psychologist if the patient ”…is un-
conscious or experiencing a profound im-
pairment of consciousness due to trauma
stroke, other acute psychological condi-
tion.” With respect to the hierarchy of
those persons authorized to make medical
continued on next page

continued...
decisions for a patient who has not exe-
cuted an advance medical directive, and
who has been certified as unable to make
an informed medical decision, an additional
and last category of persons authorized to
make a medical decision for that patient
has been proposed in this bill. This pro-
posed new category of persons is “Any
adult, except any director, employee, or
agent of a health care provider currently in-
volved in the care of the patient, who (i)
has exhibited special care and concern for
the patient and (ii) is familiar with the pa-
tient’s religious beliefs and basic values
and any preferences previously expressed
by the patient regarding health care, to the
extent that they are known.” Whether a
person meets these criteria is to be deter-
mined by a health care decision review
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
not related to the patient. This bill has
passed the Senate and has been referred
to the House Committee on Health, Wel-
fare and Institutions.
Finally, Bill HB719 seeks to establish in the
Virginia Code the Uniform Power of Attor-
ney Act (UPOAA) that was adopted by the
National Conference of Commissioners on
Uniform State Laws in 2006. This bill pro-
vides default rules that can be modified if
the principal desires. For example, powers
of attorney are presumed to be durable un-
less drafted to expire at a point in time or
upon a certain event. Definitions of terms
used in and relating to powers of attorney
are set forth in the bill. Significantly, liability
is established for refusal by a third party to
accept a power of attorney under certain
specified circumstances. Acts requiring a
specific grant of authority are set forth in
the bill as opposed to those acts author-
ized under a general grant of authority for
real property and intangible personal prop-
erty. The authority of an agent to deal with
banking institutions, stocks, bonds, busi-
ness operations, insurance, annuities,
trusts, and estates are all addressed in the
bill. This bill has passed the House and
has been referred to the Committee for
Courts of Justice, Civil subcommittee.
State Affiliate News
Wisconsin – Wiscon- institutionalization could be on the horizon
sin Corporate again.
Guardianship agencies
In February two representatives from the
are at risk of losing
state government section of Family Care
their funding sources
talked with WGA about what it could do to
via the change to the
help solve these issues and was told that
new Family Care pro-
they are going to try to delay the imple-
gram. Some of the
mentation of the funding cut off by another
northern counties have already lost their
month or two. They explained that there
funding. The Wisconsin Guardianship As-
simply is no money to pay guardianship
sociation is working with the state Depart-
agencies to provide services. The Family
ment of Health and Family Services to
Care Ombudsman also spoke and she was
solve this issue. As many as 3,000 wards
as surprised as we were that funding was
statewide will potentially not have a voice.
going to stop. When Family Care was de-
These are the wards for which volunteer
veloped, they failed to include guardians in
guardians could not be found due to the
the planning. Currently WGA has 38 paid
complexity of their situations or conditions.
members. Wisconsin has 70 corporate
We (the guardians of last resort) fear
non-profit guardianship agencies.
abuse and neglect could be on the rise and
Past PFAC President Memorialized
Shirley Trissler, a Past President of the Professional Fiduciary Association of Califor-
nia, passed away in late December. Her passing was noted as a great loss to many
— as friend, member of PFAC and as part of the community-at-large.
At the urging of many PFAC members who wanted to honor her memory, their Board
has agreed to establish the Shirley Trissler Scholarship Fund. Shirley had a great
passion for mentoring new fiduciaries. The scholarship funds will be used to continue
her passion in assisting new PFAC fiduciaries.
The fund will be overseen by a small committee of PFAC volunteers. To make a dona-
tion to the Shirley Trissler Scholarship Fund, send a check, payable to the Shirley
Trissler Scholarship Fund, to Norine Boehmer, as follows:
Shirley Trissler Scholarship Fund
c/o NBM, Inc.
1494 S. Robertson Blvd., #200
Los Angeles CA 90035
PFAC notes that Shirley would be pleased to know that funds in her name will be used
to help others as her entire life was in the service of others in so many ways, both
large and small.
If you have any questions, contact PFAC through Norine Boehmer at
norineb@pacbell.net or Stella Shvil at stella@shvilfiduciary.com.
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
Jochen Exler-König
Berlin, Germany
www.international-guardianship.com
You are encouraged to visit the Interna-
tional Guardianship Network’s relaunched
website www.international-
guardianship.com. You will find interesting
publications, documents and information
regarding our current projects and planned
conferences.
IGN now has 176 members from 24 na-
tions and 4 continents. The new IGN mem-
bers are:
Young Sub Shim, Lecturer at the Institute
of Media Science, Konkuk University,
Seoul, Korea
John Billings, Deputy President of the Vic-
torian Civil and Administrative Tribunal,
Melbourne, Australia
Tony Fitzgerald, Managing Director, State
Trustees Ltd, Melbourne, Australia
Rene Kremser, Social Worker, Institute for
Social Services, Vorarlberg, Austria
Karsten Gläser, Dipl.-Designer, Freelance
Artist and Montessori Pedagogue, Berlin,
Germany
Raymond Remakel, Treasurer Info-Handi-
cap asbl, Luxembourg
Denzil Lush, Senior Judge of the Court of
Protection, London, UK
Mrs. Keiko Endo, Social Worker, Japan
Mrs. Kazumi Ishiwata, Professor Depart-
ment of Human Sciences Toyo Eiwa Uni-
versity, Japan
member Prof Kate Mewhinney. Mrs. Costa
is a Portuguese citizen living in the US for
the last 30 years. She has an elderly
mother who still lives in Portugal, who is
sick, lives in a nursing home, is not
wealthy, pays her nursing home with her
retirement pension, and owns an apart-
ment. She is seeking someone who could
help her find contacts in Portugal who
could explain how the Portuguese system
works, whether there is such a thing as
lawyers specialized in elderly law, and
how she could get a referral. If you know a
Portuguese lawyer or someone who could
help us, please don't hesitate to contact
Mrs. Anabela Costa
(acosta244@yahoo.com) or me. Helping
each other is one of the most important
missions of IGN!
The World Congress on Adult Guardian-
ship Law 2010
The Congress at the Yokohama Pacifico,
October 2-4, 2010, will be organized by the
Japan Adult Guardianship Law Association
(Jaga), IGN and the Internationale Confer-
ence on Public Trustees and Public
Guardians (PTPG). The international
preparation meeting was held in Berlin,
February 8. We expect more than 300 na-
tional and international participants.
The following IGN members are known to
be planning to attend the congress:
Michael Kröger, Jochen Exler-König, Doris
Teske, Iris Dockhorn, Sigrid Schmidt-Tych-
sen (all Berlin, Germany), Ingrid Nagode
and Margot Prinz (Austria), Judge Stefan
Tappeiner (Italy), Judge Kees Blankman
(The Netherlands), Senior Judge Denzil
Lush (UK), Laura Watts (Canada), Sally
Hurme (USA), Anita Smith, Patrick McGee,
Tony Fitzgerald (Australia). A lot more IGN
members will attend.
get. It is a great opportunity to meet good
old friends and interesting new personali-
ties, to learn from each other and to be in-
spired for the daily work. We will have the
chance to become part of a historical event
and to improve the international guardian-
ship standards. Carpe diem! You can find
more information about the registration
fees etc. on the website
www.wcag2010.org. The final program will
be available soon.
Conferences 2010
Global Health & Innovation Conference at
Yale University, New Haven, USA, April 17-
18, 2010: www.uniteforsight.org/conference
Colloquium on Guardianship, Chicago,
USA, April 23, 2010:
www.guardianship.org
International Federation on Aging, Mel-
bourne, Australia, May 3-6, 2010:
www.ifa2010.org
International Conference on Disaster Relief
or the Elderly, Beijing, China, May 10, 2010:
www.communityalliance.org/indexeng.asp
World Congress on Adult Guardianship,
Yokohama, Japan, October 1-4, 2010:
www.wcag2010.org or
www.international-guardianship.com
National Conference on Guardianship,
Hershey, Pennsylvania, USA, October 2-5,
2010: www.guardianship.org
National Conference on Guardianship (Vor-
mundschaftsgerichtstag), Brühl near
Cologne, Germany, November 4-6, 2010:
www.vgt-ev.de

Read An Important New Guardianship Report on the NGA Website

www.guardianship.org/reports.htm
Adult Guardianship Court Data and Issues outlines results from an online survey that was a joint project carried out in the
Fall of 2009 by the CCJ/COSCA Joint Task Force on Elders and the Courts, and the National Center for State Courts’ Cen-
ter for Elders and the Courts (CEC). The report outlines six substantial findings and offers six recommendations for im-
proving state court systems and two concerning education for family guardians and judges.

15
Premier Expert News
"Crash! Your Ward's on
Board. What Now?
Imagine you're driving your ward, Gertrude
McGillicuddy, in your own car to a doctor's
appointment. Being momentarily distracted
by her antics in the back seat, you rear-end
a car in front of you that stopped suddenly to
avoid a pedestrian. Gertrude is hurt and the
car you hit has substantial damage to the dri-
ver's side rear fender. What now?
After giving the police report and exchanging
insurance information, you begin to worry
about whether you have adequate insurance
coverage to meet the loss. That determina-
tion turns on several important questions.
First, does your personal auto policy have a
business pursuits endorsement? If not, you
may well have no coverage under that policy
because the accident arose within the
course and scope of your rendering profes-
sional services to others.
If your personal auto policy does apply, do
you have adequate limits of liability? Let's
say you have $15k/$30k limits. That may not
be sufficient given the extent of injury and
damage you caused. However, if you have
hired/non-owned auto coverage, there could
be excess coverage available.
Most businesses carry a business office
package ("BOP") policy, which is a collection
of coverages businesses normally need,
such as general liability and business prop-
erty insurance. Typically, hired/non-owned
automobile insurance can be endorsed onto
such a policy. In the case of your accident,
whether the hired/non-owned cover applies
may turn on the form of your business.
For example, if you are a sole proprietor and
own your car in your name, the hired/non-
owned cover may not apply because you as
a sole proprietor "own" the automobile in-
volved in the accident. On the other hand, if
your practice is set up as an LLC or corpora-
tion, the company would not have title to
your car, thus "non-owned" coverage would
apply. Also, if your employee had been driv-
ing Gertrude in the employee's car, the non-
owned requirement would be met and
coverage would exist so long as all other
coverage requirements were satisfied as
continued on next page
Working to meet the
changing needs of
Guardians and
Conservators
At SEM Applications, Inc., we know that your
business is always changing. Some
changes are made to accommodate more
clients or more employees, some are made
to satisfy new requirements set forth by the
judge or by Social Security, and some
changes are made to help improve efficiency
within the office. Whatever the reason, we
are here to work with you and to do every-
thing possible to accommodate your needs.
In an effort to meet the needs of Guardians
and Conservators, a new Special Logins fea-
ture has been added to the EMS Web edi-
tion. A Special Login is a login that can be
given to professionals such as doctors and
attorneys, and they can even be used for
family members. These Special Logins have
their own security so you can control which
screens they are allowed to see and how
much they can do on each screen. If the
Special Login belongs to a professional,
such as a doctor, that doctor will be able to
see information for each ward/client they are
associated with. Allowing a professional the
ability to view information about a ward/client
instead of them calling the office to ask those
questions can save valuable time.
You can even allow the Special Logins ac-
cess to view and leave comments. When a
professional leaves comments directly in the
ward/client’s file, it eliminates the risk of im-
portant information not being logged in the
database. Comments entered in this way
become immediately accessible to the
Guardian so they can be informed at the
same time information is being notated in the
ward/client’s permanent record. This helps
to reduce redundancy and increase effi-
ciency.
Some comments are for internal use only
and should not be viewable by family and
professionals. This is why all comments can
be designated as Public or Private. Only
employees can view private comments and
they are not available for Special Logins.
You can even designate the default setting
by category. Since all comments are catego-
rized, you can designate by category
whether it will default to Public or Private.
continued on next page
16
The Investment Plan – A
Critical Element in
Guardianship Success
The NGA Standards of Practice, 18, II states,
“The Guardian shall prepare a financial plan
and budget that correspond with the care
plan for the ward.”
It is hard to imagine caring effectively for a
ward without a good idea of what his ex-
penses, income and assets are. Given his
anticipated expenses, how far can those as-
sets be stretched to provide for him? How
will inflation and investment returns impact
the longevity of those assets? It would seem,
therefore, that an investment plan must be a
critical element of an effective financial plan
for a ward. How can you create a well-rea-
soned investment plan and asset depletion
projection? Those are two of the valuable
services Prudent Investors Network pro-
vides.
Start by completing a questionnaire, which
can be found on the PrudentNetwork.com
website. In the upper right hand section,
“About Us,” click on “Questionnaires and
Forms” and then “Guardianship.” The infor-
mation requested in the first two sections is
fairly straightforward, which moves us to “An-
nual Income” and “Annual Expenses.”
To prepare the budget and asset depletion
projection, we need to know all sources of in-
come, such as Social Security, pensions,
real estate, and structured settlements. If
there are exceptions to regular income such
as periodic lump sum distributions from a
structured settlement or the anticipated pro-
ceeds from the sale of real estate, put these
exceptions under “Additional Information.”
Common expenses include living expenses,
medical (this may vary from year to year, but
give your best estimate),
legal/accounting/fiduciary, and personal. You
may also anticipate exceptional expenses
that are nonrecurring such as the purchase
of a car or home. List this information and
when the expense is anticipated under “Ad-
ditional Information.”
The “Total Assets to be Managed” is the
amount we look at when considering invest-
ment alternatives. If there are substantial as-
sets that will not be included in the
continued on next page
Dominion
continued...
well.
One such requirement imposed by most in-
surers is that the driver carry primary cov-
erage with limits of at least $100k/$300k,
even if that primary coverage would not
apply because of some limitation or exclu-
sion. Let's say for example, that your em-
ployee were driving the car, but did not
have a business pursuits endorsement.
The hired/non-owned insurance may drop
down into primary position, so long as the
employee had primary coverage in place
with limits of at least $100k/$300k.
Of course, tracking everyone's insurance
limits on an ongoing basis can be a bur-
densome process prone to error. In many
cases it may make more sense to simply
purchase a commercial auto policy which,
for the limits provided, is normally more
cost effective than personal auto coverage.
The only catch is that the minimum com-
mercial auto limit is typically no less than
$300k and more often $1 million. Obvi-
ously, a personal auto policy with only
$100k/$300k limits will normally cost less
than a $1mil limit commercial auto policy.
Even so, for the limit, the commercial auto
option is normally a better buy, so long as
you are not charging clients a fee for trans-
porting them which would normally require
a more expensive "livery" policy. Such cov-
erage also eliminates many of the cover-
age worries attendant to the use of a
personal automobile in a business.
When considering commercial auto cover-
age, one important issue is the determina-
tion of whether you have a sufficient
insurable exposure. For example, if you
are a sole proprietor, most carriers require
that you insure at least 5 private passenger
type (PPT) vehicles under a single policy.
An important exception to this, however, is
that a single commercial truck can typically
be insured on its own for a sole proprietor.
Moreover, vans and SUVs often qualify as
"commercial trucks" for insurance pur-
poses -- even minivans. These require-
ments do not generally apply to
corporations or LLCs. So, again the busi-
ness form is a critical consideration.
A final important consideration for commer-
cial auto policies is the coverage symbol,
which sets the scope of insurance. For ex-
ample, symbol 7 would only permit cover-
age for vehicles specifically scheduled on
continued...
SEM
continued...
For instance, items categorized under Care
Plan can be made Public for family or pro-
fessionals to see, while items categorized
under Clerical Hours can be made private
for only office staff to see.
These are just a few of the ways that SEM
Applications, Inc. has been working to
meet the changing needs of Guardians and
Conservators. We invite you to take a
closer look at what the EMS application
has to offer by contacting our office for a
full demo. You can also demo the EMS
Web Edition by going to our website at
www.SEMapplications.com and clicking the
link to View Internet Edition Demo.
Don’t forget about the valuable discounts
offered only to NGA members:
• Internet Edition users will receive a 20%
discount on the already low monthly fee,
and they will receive 2 months free with the
purchase of one year!!!
• Desktop Edition users will receive a 10%
discount on the one-time flat fee and re-
ceive a full year of technical support free!!!
For questions, contact SEM Applications,
Inc. at 866-615-9344 or online at
www.semapplications.com.
Dominion Continued...
the policy. By contrast, symbol 1 would ex-
tend insurance to any auto used in the in-
sured's business -- including employee
owned vehicles. When using this symbol it
is important to schedule all potential driv-
ers. Symbol 2, which is less frequently
used, covers all vehicles owned by the
business, whether scheduled or not.
Please also bear in mind that when a com-
mercial auto policy is in place, most carri-
ers will require that hired/non-owned
coverage be provided by that policy, not by
any BOP the insured may have. So it is im-
portant to make sure that those coverages
are properly coordinated.
In sum, there are various coverage options
available to professional fiduciaries to ad-
dress automobile liability issues. It is im-
portant, however, that care be taken to
select the option that best suits your partic-
ular circumstances.
17
Prudent
continued...
"managed portfolio" (such as raw land, the
residence, or a valuable art collection), add
an addendum to the questionnaire. The
Total Assets can influence the asset
classes chosen when diversifying the port-
folio (you might not want additional real es-
tate investments, for example, if the home
or other real estate already constitutes a
large portion of the ward's assets).
If income is greater than expenses, then
barring a significant change, you are in a
good position. If expenses are greater than
income, you may want to calculate how
long the assets will last. Let’s look at
“Stan”, an 83-year-old with a statistical life
expectancy of 8.6 years. With an invest-
ment account valued at $450,000, Stan’s
monthly expenses (net of income), are ap-
proximately $5,000. Assuming his money is
kept in bank CDs at, say, 2% per annum,
and that general inflation runs at 2% per
annum, his assets are likely to be depleted
by age 90 (i.e., within 7 years – more than
a year short of his life expectancy). If the
earnings rate can be improved through in-
vesting to 6%, the assets will last to age 92
(9 years). A projection/budget of this type is
very good to submit to courts in helping
gain support for decisions that need to be
made so that the ward does not outlive
his/her assets.
Other items to consider are the amount of
funds set aside for liquidity. We recom-
mend eight months of liquid reserves. List
the physical and mental health of the ward;
and if you have a physician’s estimate of
reduced life expectancy, indicate that as
well. A realistic investment plan clearly
needs to be based on the best estimate of
the ward's life expectancy (not necessarily
on general, statistical life expectancies).
For instance, a ward that has severe in-
juries from an automobile accident may
seem to have a long life expectancy based
on his date of birth, but when a physician
takes into consideration the chronic condi-
tions resulting from his injuries, his life ex-
pectancy may be significantly shortened.
At Prudent Investors Network we gather all
of the above-mentioned information and
prepare an Investment Plan that includes
an Investment Policy Statement, an Invest-
ment Recommendation, and an Asset De-
pletion Analysis where needed. These
documents are often submitted to the court
and are generally sufficient to meet the
NGA Standards of Practice 18, II when
guardians of the person and guardians of
the estate review the care plan in light of
the financial circumstances of the ward.
NGA’s new virtual prep-course for the certification exam is a success!
NGA has completed the first session of its
new virtual review course for the certifica-
tion exam and the success of this new for-
mat has already led to scheduling a
repeat of the course in April. Participants
have given “excellent” reviews to the
weekly webinars that provide an opportu-
nity to be part of an exam study group
without the expense of travel by using a
computer and a toll free phone number.
In order to provide the optimum study ex-
perience, NGA accepts only a limited
number of participants for each session,
even though this is a virtual seminar and
could accommodate large numbers.
Those interested in the April session are
cautioned to register early because de-
mand exceeded space for the February
session of the virtual review course and
NGA had to close down registration be-
fore the deadline.
All registrations must be received seven
days prior to the start of the session, mak-
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-
ticipants can register for all four sessions
or just those where brush-up training is
desired.
The course offers an in-depth review of
the NGA National Study Guide and is
taught by “Approved Educators” from
NGA. It is not intended to cover state-
specific portions of examinations in Cali-
fornia, Florida, Oregon, or Texas.
As part of this year’s introduction of up-
dated study options for the national certifi-
cation exam, NGA has done a complete
overhaul of the national study guide. For
those seeking an independent study pro-
gram this new version of the national
study guide is available for purchase with-
out signing up for the course. State-spe-
cific study guides are also available for
California and Florida. NGA does not offer
a state-specific study guide for any other
state.
Register for the Review Course or pur-
chase study guides using forms at
www.guardianship.org.
IMPORTANT: NGA does not administer the Summarizing the guardianship process,
Certification Exams. Exams are conducted explaining the main roles of a guardian,
by The Center for Guardianship Certifica- outlining the model code of ethics for
tion (CGC), which is an entirely separate guardians, etc.
organization with a different staff and of-
April 14 - Module Two: Guardian of the
fices located in a different city than NGA.
Person
Registering for NGA's Review Course or
ordering study materials does not automat- Covering initial duties of guardian of the
ically register you for the exam and vice person, discussing confidentiality issues,
versa. For detailed information on Certifi- addressing rights of the ward, etc.
cation/Licensing Exams call 717-238-4689.
April 21 - Module Three: Guardian of the
Virtual Review Course Schedule for Estate
April
Defining the prudent investor rule, identify-
The next round of webinar study sessions ing situations that pose a conflict of inter-
is scheduled for successive Wednesday’s est, discussing the process of developing a
in April. All of the one-hour sessions begin financial plan and budget, etc.
at 1:00 pm Eastern Standard Time (Noon,
Central; 11:00 am, Mountain, and 10:00 April 28 - Module Four: Decision Making
am, Pacific). The schedule is:
Explaining the informed consent principle,
April 7 - Module One: Universal Roles of evaluating withholding or withdrawal of
the Guardian medical care in end-of-life situations, etc.
Seeking Volunteers
Ginny Casazza, leader for the Income Development Committee, is actively seeking volunteers
from the membership who have an interest in helping NGA build win/win relationships with the
hundreds of companies on which the guardianship community relies. NGA offers a uniquely
targeted market that is attractive to many companies.
When NGA connects with companies, our members benefit from learning about the company
and their products and services. In turn, the companies know they are being exposed to the
cream of the crop when it comes to guardians, fiduciaries and conservators from around the
country. It is the job of the Income Development Committee to help make those connections
happen.
Whether it is through advertising in the newsletter or directory, sponsorship or exhibiting at
conferences, becoming one of NGA’s Star Providers, or simply joining as a member, NGA has
opportunities available for companies that provide services such as:
Banking Investments
Trusts Bonding
Insurance Legal
Real Estate Title Search
Home Care Assisted Living
Senior Housing Home Improvement
Mortuary Pre-Planned Funerals
Medical supplies Senior care items
Cleaning Organizing
Computer Software Accounting/Tax
Volunteers are being sought to introduce companies to the benefits of connecting with the
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,

Colleen Colton, NMG, Named

Minnesota, Illinois, Oregon, Nevada, Washington, West Virginia,
and Montana.

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.

Executive Director of Guardianship Services,

Inc., Colton has been active in the guardian-
ship field for almost 25 years. She was the
founding president of the Texas Guardian-
ship Association and has been active on var-
ious committees of the National Guardianship Association (NGA).
3SVEFOU
“I look forward to working with others on the CGC Board who
share my commitment to ensuring that those who serve as
,OWFTUPST Ŗ E' WƌĞŵŝĞƌ džƉĞƌƚƐ
guardians are well-qualified and uphold the highest ethical stan-
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dards,” Colton said. # 4GIKUVGTGF +PXGUVOGPV #FXKUQT
Ŗ ŽŵƉůŝĂŶĐĞ ZĞƉŽƌƚƐ
.GG * #PMG Ŗ 6GF * 1PI
She has many goals as president of the CGC board, including
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Ŗ hŶŝĨŽƌŵ WƌƵĚĞŶƚ /ŶǀĞƐƚŽƌ
continuing with the strategic plan currently underway, conversion

 
Đƚ ŽŵƉůŝĂŶƚ
to online certification testing, and educating the public on the im-
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portance of guardianship certification.

8+56# %# 
Ŗ WƌŽƉĞƌůLJ ŝǀĞƌƐŝĮĞĚ
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“I’m looking forward to spreading the word about what we’re doing
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6HFXULWLHV RIIHUHG WKURXJK &HURV )LQDQFLDO Ŗ ZŝƐŬ ĂŶĚ ZĞƚƵƌŶ
so that more states can be sure that their guardians are certified
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and qualified,” Colton said. Ŗ džƉĞƌƚ tŝƚŶĞƐƐ ŽŶƐƵůƟŶŐ

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All leadership positions began on January 1. Others serving as
Ŗ tĞ tŽƌŬ tŝƚŚ &ŝĚƵĐŝĂƌŝĞƐ
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CGC officers for 2010 are: President-elect Jean Krahn, NMG;
ŝŶ Ez ^ƚĂƚĞ͊
+PXGUVOGPV /CPCIGOGPV
Secretary Fred Floreth, Esq., NMG; Treasurer Neil Newstein,
LCSW, NCG; and Immediate Past President Lexie Lamborn,
NMG.
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'ŝǀĞ ƵƐ ƚŚĞ ŽƉƉŽƌƚƵŶŝƚLJ ƚŽ ƌĞǀŝĞǁ ŽŶĞ ŽĨ LJŽƵƌ ĂĐĐŽƵŶƚƐ
CGC was founded in 1997 by the National Guardianship Associa-
ĂŶĚ ǁĞ͛ůů ƐĞŶĚ LJŽƵ Ă ĐĞƌƟĮĐĂƚĞ ĨŽƌ Ă ŽŶĞͲƉŽƵŶĚ ďŽdž ŽĨ ^ĞĞ͛Ɛ

tion and is headquartered in Harrisburg, PA. CGC has more than

ĂŶĚLJ͘ :ƵƐƚ Įůů ŽƵƚ ƚŚĞ ƋƵĞƐƟŽŶŶĂŝƌĞ ĨƌŽŵ ƚŚĞ ĨŽůůŽǁŝŶŐ ůŝŶŬ͗

1,900 National Certified Guardians and more than 50 National

WƌƵĚĞŶƚEĞƚǁŽƌŬ YƵĞƐƟŽŶŶĂŝƌĞ͘ &Ădž Žƌ ŵĂŝů ƚŚĞ ĐŽŵƉůĞƚĞĚ ĨŽƌŵ
ƚŽ ƵƐ ĂůŽŶŐ ǁŝƚŚ Ă ƌĞĐĞŶƚ ƐƚĂƚĞŵĞŶƚ͘ tĞ͛ůů ƌĞǀŝĞǁ ƚŚĞ ĂĐĐŽƵŶƚ Ăƚ
Master Guardians. For more information about national guardian- ŶŽ ĐŚĂƌŐĞ͕ ƉůƵƐ ƐĞŶĚ LJŽƵ Ă ^ĞĞ͛Ɛ ĐĂŶĚLJ ŐŝŌ ĐĞƌƟĮĐĂƚĞ͘
ship certification, please visit www.guardianshipcert.org.

19
Hoarding: When is an Alternate Decision Maker
a Prudent Choice?
By:
Shay Jacobson, RN, MA, NCG
Lauren Sherman, LCSW, NCG
The prevalence of hoarding is underesti-
mated in our society, as is the impact to the
person, their families, and the community.
Recent studies show that the current
prevalence is estimated at 5% of the US
population; 15 million people (Samuels et.
al., 2008). This is three times more com-
mon than schizophrenia or bipolar disor-
ders.
Is hoarding an illness? Many say “yes;”
therefore an understanding of this phenom-
enon is essential when working with those
afflicted. Hoarding has been proposed as
its own diagnosis for the 2012 Diagnostic
and Statistical Manual of Mental Disorders
V (DSM-5). This would give hoarding its
own identity. Increased recognition could
provide more access to assessment, treat-
ment strategies, government entitlements,
and ultimately improve the quality of peo-
ple’s lives while decreasing the negative
impact on society.
The guardianship courts are challenged
with these clients on a daily basis and yet a
conceptual framework for addressing the
needs of these distinctive wards is missing.
As we gain knowledge we will be more
equipped to find meaningful assessment
tools and affect positive outcomes for this
population.
Assessment
The cases that are brought to the attention
of the guardianship court have predomi-
nantly failed many other intervention strate-
gies by family, private services, and
government organizations. An understand-
ing of the illness is essential to determine if
guardianship is necessary and what level
of guardianship is appropriate. Individuals
with hoarding tendencies have commonali-
ties in how they think. They tend to lack in-
sight into their problem, believing that
others simply do not understand the value
of their things. The most universal defini-
tion of hoarding comes from Frost and
Hartl (2006) which includes saving things
of “useless or limited value.” They believe
every object is unique and have a great
ability to rationalize. One of their perceived
“jobs” is to categorize their possessions.
This frequently evolves to hyper-catego-
rization. “Churning“ is a popular term as
the person spends hours and hours redo-
ing their stacks without ever getting rid of
items to the degree that it consumes all of
their time and interferes with their lives.
People who hoard have a tendency to
present well, rationalizing their behavior
and management of their life. They rarely
report a clear and true picture of their lives.
It is essential that the environment be part
of the initial evaluation. We utilize a picto-
rial assessment of the functional areas of
the home, rating the clutter according to a
five-point scale (Steketee & Frost, 2006).
We evaluate and assign each of the areas
a number on the scale, with five being the
worst, in regards to their functional ability
(i.e. food preparation, food storage, egress,
bathing, toileting, etc.). Individuals who re-
ceive a rating of “5” in three or more areas
or who present significant safety issues,
and who have failed multiple interventions
by the family, neighbors, community mental
health, senior services, and/or private or-
ganizations, may require an alternate deci-
sion maker to effectuate change and to
protect the client and their estate.
20
Maximizing Client Participation in a
Guardianship
One of the universal standards of any
guardianship is to have the ward in the
least restrictive environment possible (Na-
tional Guardianship Association Standards
of Practice). In cases of hoarding, the court
must be presented an assessment of the
environment to assure the safety and well
being of the ward. The guardian must de-
velop and implement interventions aimed
at keeping these clients in the least restric-
tive environment while remaining cognizant
that the wards’ decisions regarding their
stuff may be unrealistic and they require
assistance with decisional process. It is al-
ways a goal to have the ward participate in
decisions to the best of their ability. The
use of limited guardianships and clear
evaluation of the decision making process
will maximize the client’s independence.
Going forward, the role of the guardianship
should be to facilitate decision making, by
inviting participation but at the same time
setting limits and boundaries so that the
job still gets done and the case does not
get stalled. Choices need to be limited to
prevent procrastination.
continued on next page
Listserv Task Force Is Updating Policies and Procedures
In a survey of the membership last sum-
mer, NGA learned that the Listserv is
viewed as one of our most valuable serv-
ices. Networking is one of the most impor-
tant aspects of your membership in NGA.
The Listserv has developed into a valuable
forum for positive and constructive informa-
tion exchanges among concerned and mo-
tivated guardians, conservators and
fiduciaries on issues of general interest to
NGA membership.
It has been exciting to see Listserv mem-
bership almost triple over four years as
everyone grasps the inherent value it pres-
ents in bringing together knowledge, expe-
rience and information from leading
members of the guardianship community
from across the nation.
As part of the Association’s overall plan-
ning process, the Board took steps this
year to ensure that this valued benefit of
membership operates efficiently and effec-
Hoarding
continued ...
Clients who hoard have difficulty with deci-
sions. The guardian can help build a struc-
ture around decisions so the case can
move forward. Deadlines, budgets, and
other forms of rules help cases get out of
the circular pattern. A ward needs to have
the opportunity to participate within the lim-
its and time frames set by the court. Fre-
quently the participant’s decisions need to
be reduced to choices that do not impact
progress. For instance, giving a choice of
which room to clean out first and a dead-
line for when it is to be completed.
Guardianship can be effective in severe
cases of individuals who hoard. There are
many different factors that need to be jug-
gled during the process to help effect
change. One should always strive for the
least restrictive environment for their client,
but remain consistent with the ward’s limi-
tations and the challenges of keeping time
tively to serve your interests. A Task Force
has been appointed to review the policies
and procedures that guide the function of
the Listserv and to update the Terms of
Use Listserv members are expected to fol-
low.
The Task Force has been working deliber-
ately and expects to present their updated
documents to the Board for approval within
the next month. Listserv users can expect
to receive more information as soon as
everything is finalized.
While the Listserv is a free benefit for all
members, participation is optional. Due to
Federal anti-Spam laws, NGA cannot auto-
matically add you to the Listserv even if
you provide your email address for our
database.
To become a participant in the Listserv and
join in sharing information with fellow mem-
bers of NGA, simply send a request to
for labor, court, caregivers, and the
guardian to economical, value-added lev-
els. The keys to success are to be under-
standing and compassionate and to
manage boundaries and resources. Not
making a decision is making a decision
and the inaction can result in unsafe and
inappropriate living arrangements.
Guardianship can be a tool to protect the
clients afflicted with this complex illness of
compromised decision making. An ongo-
ing maintenance program is also vital for
the long term well being of a case. This is
a chronic condition that does not have the
potential for a “cure” but instead involves
ongoing management of the tendencies.
You must be on alert for increased saving
and disorganized thinking. Failing to pro-
vide this management sets the stage for
recurrence of the problem. In fact, it is just
a matter of time.
21
NGAListserv@comcast.net and provide
your name and your email address in the
message. Once your membership is veri-
fied, you will receive a message confirming
you have been added to the list and you
will begin receiving and sharing information
using the same email address: NGAList-
serv@comcast.net.
All members are encouraged to sign up for
the Listserv and to use it prudently. All List-
serv messages are monitored and trans-
mitted through the services of Terri Breon,
so to avoid your computer system’s spam
blocking filters all Listserv users must also
add her to their address book as an ap-
proved sender: tgbreon@breonconsult-
ing.net However, do not use Terri’s email
address to send Listserv messages.
Find other details about the Listserv in the
“members only” section of the NGA web-
site.
References

Frost, R.O., & Hartl, T. (1996). A cogni-
tive-behavioral model of compulsive hoard-
ing. Behavior Research and Therapy, 26,
341-350.

Samuels, J.F., Bienvenu, O.J., Grados,
M.A., Cullen, B., Riddle, M.A., Liang, K.,
Eaton, W.W., & Nestadt, G. (2008). Preva-
lence and correlates of hoarding behavior
in a community-based sample. Behavior
Research and Therapy, 46, 836-844.

Steketee, G. & Frost, R.O. (2006). Com-
pulsive Hoarding and Acquiring: Therapist
Guide (Treatments That Work). New York:
Oxford University Press, USA.
Printed with permission. The authors pre-
sented this issue in a breakout at the 2009
NGA National Conference on Guardianship
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

SAVE THE DATE!

2010 National Conference

on Guardianship
Saturday, October 2 through Tuesday, October 5, 2010
Hershey, Pennsylvania

23