GuardianNATIONAL

a publication of theNATIONALGUARDIANSHIPASSOCIATION

TABLE OF CONTENTSPresident’s Message ............................2Executive Director’s Message ............3Colloquium Schedule ..........................4Good Guardianship ..............................6Preserving Control ..............................7NGA’s 1000th Member..........................8News Watch ..........................................9State News ..........................................11International News..............................15Premier Experts ..................................16Virtual Prep Course ............................18NGN Update ........................................19Hoarding ..............................................20Listserv News......................................21

SPRING 2010

www.guardianship.org

This year NGA returns toChicago where we had 225people register for our firstColloquium in 2008. The meetinglocation, just three minutes fromChicago’s O’Hare airport, makestravel easy and the hotel offersfree airport shuttle service.Many people will find that withthe one-day schedule they won’tneed more than an overnightstay, which also is part of NGA’splan to give guardians a qualityeducation and networkingexperience while minimizing theexpense.

While NGA has tried to design ameeting that is effective and economical,you’ll benefit most if you register beforeMarch 26 to receive the $50 discount onregistrations … and our extraordinary roomrate of $89 will expire on April 1.

In a tough economy, you may be askingyourself if your budget can handle theexpense of attending this year, but reallythe question is whether you can handle thecosts in time and resources of beingunprepared for a “worst case” nightmare.The subject this year is one that couldhave an overwhelming impact on yourpractice.

The Colloquium each year takes a singleday to explore a topic that is a critical issuefor our community of guardians,conservators and fiduciaries. The theme ofthe third annual National Colloquium onGuardianship is “Handling Worst CaseScenarios.”

Would you be prepared to have yourpractice disrupted by a case

� where the criminal justice system isinvolved,

� that crosses multiple jurisdictions, or� where the ward is an immigrant or JohnDoe?

How do you determine the best interests ofthe ward in difficult cases?

What can you learn from case law?

With accolades for the sessions, the qualityof the speakers, and the exceptionalnetworking, your peers have called theirColloquium experience “a day well spent”.This year’s Colloquium has been plannedwith equal care and attention to quality.And, as an added benefit, you may be ableto obtain continuing education credits youneed.

The investigation of “worst casescenarios” will delve into severalareas:

� Representing Wards in CriminalMatters

� The Limitations of a LegalGuardian: Immigrants and JohnDoe Cases

� Saving Granny: UsingUAGPPJA to Protect the Rightsof Persons with Disabilities

� Risky Business: How to Utilizethe NGA Standards of Practicewhen Confronted with WorstCase Scenarios

The day will conclude with a Judges Panel,where a group of esteemed judiciary willdiscuss the latest guardianship andconservatorship case law and issues.Participants will also have the opportunityto ask questions of the panel.

All of the speakers have been hand-selected for their high level of proficiencyand breadth of knowledge. Each presenterbrings skills based on experience and hasrecognized expertise. The 2010Colloquium program offers all the qualityyou have come to expect from NGA.

Complete details of the Colloquiumprogram, speaker bios, hotel information,available credits, and registration are atwww.guardianship.org/10Colloquium.

See colloquium schedule pages 4 and 5.

Colloquium Set For April2010 Colloquiumon Guardianship

Friday, April 23Chicago Marriott O’Hare, Chicago, IL

Secure online registration at:www.guardianship.org/10Colloquium

President’s MessageBy Kathleen Buchanan, NCG

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In the Southwest, we have many dry hotsummer days with temperatures reaching110 blistering degrees. For most of usthis is not a real problem as we have airconditioners and the knowledge of howto use the device. However, can youimagine how difficult this situation mightbe for a person with diminished capacity?How does one use the thermostat if onecan’t remember the skills necessary inoperating the unit. Imagine yourself for amoment, wandering around in your homehaving forgotten these skills and havingthe resources at your disposal, but beingso confused that you are unable to usethe contraption, and in your best effortyou turn on the heater thinking it is the airconditioner. This situation occurs all toooften and when we find the person theyare usually wearing a sweater or lightjacket not understanding why they are“hot.”

This brings me to the core of my dia-logue; guardianship by legal definition isused synonymously with taking away an

individual’s rights. However, the practicalapplication holds a very different mean-ing. Guardians serve as the advocateswho restore basic human rights by ensur-ing dignity, respect, and basic needs arebeing met by those compromised with di-minished capacity. Guardianship is the“restoration of basic human rights.” Ihave become a champion for this causebecause of the importance it holds nowand into the future.

Guardianship, guardians, and the field ingeneral, 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 thelaws that regulate guardians. However, Ibelieve consensus can be achieved inrecognizing a segment of the populationwould be forgotten if it weren’t for de-voted and caring family and professionalguardians.

As I reflect on my career, I feel extremelyfortunate to have been afforded the op-

portunity to be apart of a profes-sion that hasgiven me the abil-ity to make a dif-ference.

As we all embarkon a new year in2010, I am ex-cited to be a partof the NationalGuardianship Association’s mission to ad-vance the nationally recognized standardof excellence in guardianship. To assist usin this process, the NGA Board has rankedgoal areas for this year with the objectivesidentified for implementation within eachPillar area. This is the perfect opportunityfor you as a member to get involved andlend your expertise on a committee, taskforce, or a project team.

There is no greater accomplishment thanbeing part of a process that enacts change.I encourage you to join one of the Pillarcommittees and share the wealth of yourknowledge and expertise.

Guardianship: “Restoration of Civil Rights”

Welcome New Members!

New members from November 16 to February 22

Dianne Harms ..........................Willmar MNC. Scott Heggie ..............................Lynn MAJaycee Johnson ............................Kent WATim Johnson ..............................Novato CASusan Johnson ..........................Novato CACheryl Johnston ....................Las Vegas NVGayatri Joshi ..............................Clinton NJRichard Kruger ..............................Globe AZConnie Kruse ..........................El Cerrito CALori Lashley ......................Sun City West AZRandi Lawrence ..................Coudersport PAChristine Little ......................Flemington NJDwayne Logie ..................West Chester PALisa Lunceford ..........................El Paso TXStephen Mantell ............Pawleys Island SCMary Markovich ........................Raleigh NCDianne McQuarrie ........................Dallas TXElaine Morgan ....................Port Ludlow WAJulia Nelson ......................La Crescenta CAMary O'Keefe ........................Galveston TXShirley Olson ............................Willmar MNRebecca Oparnico ..........................Boise IDThomas Peterson ........................Tucson AZLisa Pinio ..............................Flemington NJSherri Pollard ........................Des Moines IAKatherine Raulerson ....................Tampa FL

Quincy Abbot ....................West Hartford CTDavid Bakutis ........................Fort Worth TXBarbara Barney ......................Wakefield NHVictor Barth ............................Columbus WIJohn Beckfield ............................Salem ORThomas Bevington ................Cincinnati OHElaine Blanton ............................Urbana OHMichael Bogle ................................Mesa AZRachelle Boucher ......Sagamore Beach MAStanley Brokl ......................Carson City NVMartha Brown ....................Albuquerque NMGary Chase ..........................Silver City NMRandy Costales ................Albuquerque NMElizabeth Crosby ..........................Gilbert AZLaurie Dart-Schnaufer ............Slatington PAPeggy DeVivo ..................Winter Haven FLGlenn Dunne ............................Portland MELani Elder ..............................San Diego CAShawn Eldridge ........................Portland ORChelsey Evenson ......................St. Paul MNCarole Gaherin ........................Spokane WABryan Gantz ........................Las Cruces NMSusan Garrison ..........Oakbrook Terrace ILConnie Glass ..........................Huntsville ALJeanette Goodwin ......................Denver COBarbara Gray ..........................Planation FLBecky Hanavan ......................Palm Bay FLKim Haris ....................................Clinton NJ

Teddi Roberts ............Colorado Springs COMarie Rodrigo ................................Miami FLJoel Sawyer ..........................Fort Worth TXLaura Sealey ....................Federal Way WAPaul Seideman ..............................Boise IDCarol Seltzer ........................Charleston SCTeresa Sene ............Whitehouse Station NJChristine Shea ........................Palm Bay FLLaura Short ..................................Globe AZShelly Shults ..........................Fort Worth TXNeal Smith ..............................Lanesville INJennifer Smith Watson ..........Whitefield NHBarbara Snell ..........New Smyma Beach FLSandy Somody ..........................Willmar MNAnita Somody ............................Willmar MNStephanie Sorenson ................Portland ORKerry Spencer ....................Manchester NHRobin Stephens ......................Ann Arbor MITelethia Szuba ......................Melbourne FLKarin Tausan ........................San Diego CAJill Valentic ............................Ashtabula OHCynthia Van Vliet ..............Safety Harbor FLMabel Vanden Brink ..............Oceanside CASteven Walker ............................Goshen INBarbara Walker ....................New Albany INJames Welch ..........................Sherman TXDale Wielechowski ................Lake Orion MIKim Winokur ............................Ann Arbor MI

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Executive Director’s Message:Parent of the Nation

By Terry W. Hammond, Esq.about the high de-gree of state in-volvement in theprotection of chil-dren. It seems that,anecdotally, parens patriae is being recog-nized and applied with regard to childrenwith much greater frequency, and perhapsgreater effectiveness, than with regard toadults. I know that five years ago when anumber of Texas judges and lawyers en-gaged in an effort to reform the Texas AdultProtective Services system and to architec-turally design a guardianship system for theState, the Governor’s office declined tosupport designation of the State of Texasas guardian of last resort due to “liability”concerns. So even after a $30,000,000 re-form, Texas still does not have a guardianof last resort. And Texas is not the onlystate lacking a guardian of last resort.

You may have noticed an increase in re-cent postings on the NGA Listserv aboutpractitioners experiencing difficulties in se-curing Medicaid funding for guardianshipservices. Guardianship programs are clos-ing down in several states around thecountry, and non-profit organizations arestruggling to secure funding to care forthose without “natural guardians.”

The NGA Board of Directors has, for thefirst time, established a Guardianship Ad-vocacy and Public Policy DevelopmentCommittee that will be focused on “achiev-ing universal uniformity in standards ofpractice and procedures, and to advancepublic policy that ensures integrity and dueprocess in the implementation of guardian-ships.” This committee will be focused onseveral well-defined public policy objec-tives in the coming year, but with publicguardianship systems vanishing we shouldall take action now to educate those whodevelop public policy about the corner-stone of American guardianship:

The State is the protector of all citizens un-able to protect themselves parens patriae –as Parent of the Nation.

And, my daughter will go to school tomor-row with a new Latin term for her class tolearn.

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 thelegal guardian of persons not sui juris andwithout natural guardians, as the heir topersons without natural heirs, and as theprotector of all citizens unable to protectthemselves parens patriae and not as ad-versary —Kent v. United States, 383 U.S.541 (1966). Merriam-Webster's Dictionaryof Law. Retrieved February 14, 2010, fromDictionary.com website:http://dictionary.reference.com/browse/parens patriae.

Simply put, the state cares for those whocannot care for themselves.

In reviewing recent literature and postings,there has been a great deal of discussion

I have been receiving a lot of calls latelyfrom public guardianship offices desperateto identify ways to secure funding for indi-gent public guardianship services for stateresidents with diminished capacity. As Ibecame increasingly perplexed about theissue, I began pondering this question:

What has happened to the parens patriaedoctrine?

As I dug deeper into the subject, I textedmy fourteen-year-old daughter, who is inher second semester of high school Latinand who speaks Latin around the house allof the time, “Do you know what parens pa-triae means? Her response: “No y?” I re-sponded, “You’re the Latin expert.” Herresponse, “Google it!” So, I did.

Most sources seem to agree that theproper translation of the term is “Parent ofthe Nation” or “Parent of His Country.”Here is how dictionary.com (referencingWebster’s) defines the term:

PRESIDENT � KathleenBuchanan,NCGLas Vegas, NV(702) 455-4332

kbu@co.clark.nv.usor ngapresident@guardianship.org

PRESIDENTELECT�Julia R. Nack, NMGColumbus, OH(614) 645-1928

JNack@coaaa.org

TREASURER � Hon. Irvin G. CondonCharleston, SC(843) 958-5193

irvcondon@charlestoncounty.org

SECRETARY �Beth Upshaw Mathews, NCGDuluth, MN

(218) 529-2241bmathews@lssmn.org

CGC REP. � Colleen Colton, NMGFort Worth, TX(817) 921-0499

ccolton@guardianshipservices.org

PASTPRESIDENT� Vicki V. Alkire, NMGSarasota, FL 32433

Phone: (941) 921-1962vicki.alkire@verizon.net

EXECUTIVEDIRECTOR�TerryW.HammondSanta Monica, CA(310) 451-4232

ngaexecutivedirector@guardianship.org

BUSINESSMANAGER�Patricia E. HeuserBellefonte, PA(877) 326-5992

info@guardianship.org

Kim Grier, NCGAtlanta, GA

(404) 520-2101kimgrier@att.net

Michelle R. HollisterDelray Beach, FL(561) 733-4242

mhollister@solkoff.com

Sally Balch Hurme, JDWashington, DC(202) 434-2152

shurme@aarp.org

Russell H. Marshall, NMGCampbell, CA(408) 874-0999

russ@marshallfiduciary.com

J.R. RittenhousePhoenix, AZ

(623) 878-4652jrwolf@q.com

Madeleine Sharko, JDChicago, IL

(312) 793-5900madeleine.sharko@illinois.gov

Lori Bays, M.A., MFT, NCGSan Diego, CA(858) 694-3516

lori.bays@sdcounty.ca.gov

M. David Blake, NCG, Esq.Boston, MA

(617) 723-3224david@blakelaw.com

Margy M. Campbell, NMGSalt Lake City, UT(801) 281-1100

margy_campbell@xmission.com

Ginny Casazza, NCG, BAReno, NV

(775) 287-5005ginnycasazza@clearwire.net

Hon. Patrick W. FerchillFort Worth, TX(817) 884-1415

pferchill@tarrantcounty.com

Jane Gildersleeve, NCGProvincetown, MA(508) 487-3760

janegildersleeve@msn.com

~ DIRECTORS ~

2010 NGA BOARDOF DIRECTORS

A Nati onal Colloquium on GuardianshipFriday, April 23, 2010

Chicago Marriott O’Hare, Chicago, IL

Handling Worst Case ScenariosThursday, April 22, 2010 - Colloquium Welcome Recepti on 5:30 pm - 7:30 pm Hosted by the NGA Premier Experts: Dominion Insurance, SEM Applicati ons, & Prudent Investors Network

Friday, April 23, 2010 - Colloquium in Session - 8:30 am - 5:30 pm8:30 am Welcome/Opening Remarks John Wank and Madeleine Sharko, Colloquium Co-Chairs Terry Hammond, NGA Executi ve Director

8:45 am Representi ng Wards in Criminal Matt ers Michael T. Brody, Esq., Jenner & Block LLP Gino M. Peronti , Esq., Legal Offi ces of Gino Peronti Keith Porapaiboon, Esq., Jenner & Block LLPOur panelists will discuss the challenges of representi ng per-sons, adjudicated incompetent, in criminal matt ers. Specifi -cally, they will address the intersecti on of guardianship and criminal law. They will illuminate the restricti ons that guard-ians encounter when a disabled person is incarcerated. They will off er suggesti ons on how to assist guardians when faced with this issue. 10:00 am Break

10:30 am The Limitati ons 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-ICEOur panel will discuss various aspects of this issue including case studies addressing the problems faced by hospitals, long term care faciliti es and discharge planners; challenges faced by peti ti oning att orneys and guardians; the expecta-ti ons of the probate court; Medicaid eligibility hurdles; verifying immigrati on status and any currently available or proposed strategies that might facilitate repatriati on, natu-ralizati on or funding for health care needs.

Noon Group Lunch - Sponsored by The Council on Accreditati on

1:15 pm Saving Granny: Using UAGPPJA to Protect the Rights of Persons with Disabiliti es who have Issues in Multi ple Jurisdicti ons 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 situati ons that illustrate granny snatches and transfer batt les. Panelists will explain ways in which the proposed Uniform Adult Guardianship and Pro-tecti ve Proceedings Jurisdicti on Act (UAGPPJA) would alter the outcome of such cases and make disputes easier to re-solve, less costly for the liti gants, and provide the courts and practi ti oners more orderly process for resolving disputes.

2:15 pm Break

2:45 pm Risky Business: How to Uti lize The NGA Standards of Practi ce when Confronted with Worst Case Scenarios Greg S. Mullowney, JD, NMG, LA Guardianship Services Peter Q. Santi ni, NCG, Pima County Public Fiduciary Panelists will present cases that demonstrate the tension between autonomy and best interest that are common in guardianship practi ce. Each will share perspecti ves on these cases and include the audience in devising soluti ons.

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. Parti cipants will have the opportunity to ask questi ons of the panel.

5:30 PM Adjourn

Online registrati on at: www.guardianship.org/10Colloquium

Saturday, April 24, 2010 - Opti onal Opportunity to Obtain Guardianship Certi fi cati onYou must pre-register with the Center for Guardianship Certi fi cati on to sit for the certi fi cati on exam. This exam is not ad-ministered by NGA and registrati on for the Colloquium does not include the exam. To register for the exam or for questi ons contact the CGC. Informati on at www.guardianshipcert.org or 717-238-4689.

Representi ng Wards in Criminal Matt ersTo identi fy the client in a guardianship case when the disabled person is charged with a crime.

To educate guardians about the need for separate competent repre-sentati on for a ward’s criminal charge.

To examine the relati onship between guardian and ward when the ward has personal counsel for criminal defense.

To illuminate how guardianship may fail to protect an incarcerated ward.

The Limitati ons of a Legal Guardian: Immigrants & John Doe Cases

To review status of funding, obstacles to service delivery, verifi cati on of immigrati on status, repatriati on, and securing long term care placement.

To provide recommendati ons for handling situati ons.

To discuss the role of the service provider, guardian, and DHS-ICE.

Saving Granny: Using UAGPPJA to Protect the Rights of Persons with Disabiliti es who have Issues in Multi ple Jurisdicti ons

To highlight the personal and fi nancial toll on an incapacitated person and their family resulti ng from the lack of uniformity in state guardian-ship laws

To increase appreciati on for the diffi culti es experienced by practi ti oners and parti es when guardianship laws are not uniform.

To prepare parti cipants to advocate for passage of UAGPPJA in their states; or apply new strategies for handling such cases in jurisdicti ons in which UAGPPJA has been enacted.

To establish a more advanced level of practi ce when adjudicati ng guard-ianship issues with cross-border implicati ons.

Risky Business: How to Use the NGA Standards of Practi ce when Confronted with Worst Case Scenarios

To identi fy behaviors that create risks for both the ward and the guard-ian, including behaviors that could result in liability against the ward or the ward’s estate and even against the guardian.

To develop a greater understanding of how ‘worst case scenarios’ may impact on the provision of guardianship services, incur legal liability or cause other practi cal consequences. Guardians will be challenged to think more pro-acti vely about issues and laws relati ng to risky behaviors of wards.

To emphasize issues relati ng to a guardian’s ability to consent (or refuse consent) to requests to control risky behaviors and to advise guardians of legal and practi cal issues to consider when deciding consent requests.

To develop recommendati ons on how to respond to the issues through interacti ve, collaborati ve opportuniti es between the speakers and the audience.

Judges Panel - Case StudiesTo engage parti cipants in a sti mulati ng and informati ve discussion of guardianship issues.

To provide a judge’s perspecti ve of the diffi cult issues in guardianship and how courts confront these issues.

To questi on the judges on how a court might handle their problem.

To outline the best practi ces courts are using in guardianship.

Review Speaker Biographies and Other Details at:www.guardianship.org/10Colloquium

RRReppresenti ng Wards in CriminTo identi fy the client in a guardianshis charged with a crime.

To educate guardians about the needsentati on for a ward’s criminal charg

To examine the relati onship betweenward has personal counsel for crimin

To illuminate how guardianship may f

TTThee Limitati ons of a Legal GuardDDDoe Cases

TTo review status of funding, obstacles immmigrati on status, repatriati on, and s

TTo provide recommendati ons for hand

TTo discuss the role of the service prov

SSavving Granny: Using UAGPPJA towwwitth Disabiliti es who have Issues

TTo highlight the personal and fi nanciaaand their family resulti ng from the lacship laws

TTo increase appreciati on for the diffi cuaand parti es when guardianship laws a

TTo prepare parti cipants to advocate fostates; or apply new strategies for hanwwhich UAGPPJA has been enacted.

TTo establish a more advanced level of iaanship issues with cross-border implic

RRRissky Business: How to Use the Nwwwhhen Confronted with Worst Cas

TTo identi fy behaviors that create risks iaan, including behaviors that could resthe ward’s estate and even against the

TTo develop a greater understanding ofimmpact on the provision of guardianshccause other practi cal consequences. Gthink more pro-acti vely about issues aoof wards.

TTo emphasize issues relati ng to a guarcconsent) to requests to control risky boof legal and practi cal issues to conside

TTo develop recommendati ons on howinnteracti ve, collaborati ve opportuniti eaaudience.

JJJuddges Panel - Case StudiesTTo engage parti cipants in a sti mulati nggguardianship issues.

TTo provide a judge’s perspecti ve of theaand how courts confront these issues.

TTo questi on the judges on how a court

TTo outline the best practi ces courts ar

Review Speaker Biographiwww.guardianship.o

What Are the Objecti ves of Each Session? About Conti nuing Educati on Credits Guardianship Credits

NGA’s Colloquium is approved for guardianship conti nuing educati on credits by the Center for Guardianship Certi fi cati on, California Fiduciary Bureau, and Texas Guardianship Certi fi cati on. A generic Certi fi cate of Att endance will be provided in your packet for this use. NGA will also be applying to CE Broker (Florida Public Guardian Offi ce), and Professional Guardian Certi fi cati on Board of Washington State. Certi fi cate fees apply to receive Guardianship CEU’s for Florida and Washington.

Verifi ed Certi fi cateFor those who wish to pursue conti nuing educati on credits that were not pre-approved, a signed certi fi cate to offi cially verify att endance will also be available for purchase. Individuals who purchase this document will use it on their own to follow their state’s procedures for CEUs.

Legal CreditsNGA is applying to off er Conti nuing Legal Educati on credit for Il-linois and surrounding states (Indiana, Michigan, Wisconsin, Iowa, Kentucky, and Minnesota).

Obtaining CreditsThis Colloquium program has the potenti al for a total of 6.25 credit hours. Because each accrediti ng body must approve the program prior to assigning credits, the specifi c number of credits accepted by each state will not be confi rmed unti l the Colloquium.

Certi fi cate of Att endanceFees for a Certi fi cate of Att endance vary and are based in part on the costs NGA incurs to have a course accredited. Fees may be paid in advance by completi ng the Certi fi cate Order Form included with this brochure or found on the website. To issue a Certi fi cate, NGA must also receive your att endance sign-in sheets, provided at the Colloquium. All certi fi cates will be sent via email or U.S. mail following the Colloquium.

Use the form provided or go online to order aCerti fi cate of Att endance before the Colloquium.

Hotel Reservati onsChicago Marriott O’Hare

8535 West Higgins Road, Chicago, Illinois 60631 Phone: 773-693-4444 / www.marriott ohare.com

Discounted Rates: $89 Single / Double (State & local taxes currently 15.4%)

NGA recommends calling the hotel’s direct line:773-693-4444

To insure you receive the group rate, clearly identi fy yourself as being with NGA. It is important that you alert the hotel to any special rooming needs or arrangements at the ti me of this call. The group discount is not available for online reservati ons.

NGA’s Discounted Rate Expires Thursday, April 1

The discount deadline does not mean that rooms are certain to be available unti l that date. Reservati ons are accepted on a fi rst come-fi rst served basis and the NGA block may fi ll before the deadline. Rooms at the NGA rate will be available unti l our hotel block is full or April 1, whichever comes fi rst. NGA does not guarantee room availability.

Transportati on: The hotel off ers complimentary shutt le service from O’Hare Airport which is 3 miles from the hotel. Esti mated taxi fare is $15. Daily on-site parking - $24; valet parking - $30.

As the room developed, the decorator became excited andwas able to bring items from the home of Ms. X to add to thedécor and make the room feel more familiar. Kathy suggests itwould be easy to just pick small personal mementoes andplace them in a shadow box to display on a wall.

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 rewardcame from Ms. X herself, when she told them how happy shewas with her new room because it “makes her feel safe.”

Today a Texas woman with Alzheimer’s finds herself comfortedbecause of one guardian who found a way to make her nursinghome room into a “home.” It is a story that has been called“uplifting” by Judge Patrick Ferchill who originally appointedColleen Colton’s Guardianship Services, Inc. (GSI) to take careof Ms. X.

This tale of “good” guardianship began with GSI volunteerguardian David Hardee who wondered if there wasn’t a way toprovide 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. Worthdecorator, to take a look at the stark, institutional room andoffer ideas. The nursing home was quite cooperative, givingthe trio a free-reign, except for minor safety details, like noscatter rugs. Kathy reports, it turns out many nursing homesare quite open to having rooms individualized with paint anditems from home. “It doesn’t have to cost a lot,” she points out.

The caregivers know the room’s new look won’t change what isgoing to happen to Ms. X due to her Alzheimer’s, but throughlittle touches they have created an atmosphere that she saysgive 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.

Turning A Room Into “Home”SPOTLIGHTon good

guardianship

6

ABA Intern SeekingEducational VideosDanielle Valdenaire, an intern for the ABA Commission on Lawand 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 wasaware 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 statesnot listed, please notify her at valdenad@staff.abanet.org.Danielle plans to provide NGA with her completed list for thenext issue of the newsletter.

7

Preserving ControlWithWords is PricelessA January 15 blog from David Solie, MS, PA

http://www.davidsolie.com/blog/

I was asked for suggestions on how to helpseniors preserve control in a hospital set-ting where all control quickly vanishes. In-teresting question, I thought. What wouldmake things better? And then I remem-bered David.

David is a friend of mine who suddenly fellinto a frightening rabbit’s hole when he wasbeing worked up for cancer. What was sup-posed to be a routine outpatient biopsytriggered a medical crisis that sent him di-rectly to intensive care. Thankfully, heclawed his way back out of this nightmareafter weeks of doom, gloom, and whatseemed like endless setbacks. But he saidsomething to me during one of my visitsthat gave me a jolt of fear and insight. “Iam losing track of what is happening,” hesaid in a medicated monotone. “I am losingmy ability to figure things out.”

This disorientation happened to a middle-aged, educated, no-nonsense adult. Whathappens if you wind up in the hospital atadvanced age, wrestling chronic illness,and overwhelmed by the healthcare sys-tem? Now what?

It turns out, words are not enough. With somuch information coming at hospitalizedseniors from all sides and wrapped in med-ical jargon, seniors quickly get over-whelmed. They need a better way tomanage information. Enter the lowly dryerase lapboard. This simple yet elegantwhite 9”X12” melamine hardboard turnsout to be an ideal control preservation tool.Here’s how.

Ellen’s mother was admitted to the hospitalfor suspected congestive heart failure. Hermother was anxious and having a hardtime understanding all the things thatneeded to get done for the medical workup. Sitting on the edge of her mother’s bed,Ellen used a dry erase lapboard to outlinewhat was going to happen and why. Itlooked liked this:

1. CXR > Lungs > Any Fluid?

2. Echo > Heart > How Strong?

3. Test > Blood > Any Problems?

Family Care NavigatorSM

State-by-State Help for Family CaregiversIf you are providing care to an older or disabled family member or friend, you know that nav-igating the long-term care system can be difficult. This state-by-state resource is intended tohelp you locate government, nonprofit, and private programs in your area. It includes serv-ices for family caregivers, as well as resources for older or disabled adults living at home orin a residential facility. It also includes information on government health and disability pro-grams, legal resources, disease-specific organizations and much more.

www.caregiver.org/caregiver/jsp/fcn_content_node.jsp?nodeid=2083

As she outlined one item at a time, Ellen’smother had questions. “Let’s find out,”Ellen told her. Knowing what is going to bedone and in what order is the first step inregaining control. The dry erase lapboardprovided a visual aid to decode theprocess and resulted in a fundamental shiftin the balance of power for Ellen’s mother.The same approach was used throughouther hospital stay and at discharge.

Here is what the dry erase lapboard outline

looked like on the day Ellen’s mother wasdischarged:

1. New Medication > Reduces Fluid BuildUp >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 markertwo dollars. The ability to understand andpreserve control: priceless.

8

Meet NGA’s 1000thMemberOn December 1, 2009 the NationalGuardianship Association enrolled our1000th member, an achievement that istruly a tribute to all who have a commit-ment to make NGA the very best that it canbe, as well as to everyone who has en-couraged others to join our NGA family.

No prizes and confetti showers go to the1000th member, but we want to introduceyou to her because the reasons she joinedNGA and the quality she represents inguardianship are as true today as theywere when this association was foundedover 20 years ago.

Meet Martha J. Brown, MSW, LISW, C-ASWCM, NCG fromAlbuquerque, NM. Sheis part of the team at Geriatric Care Manage-ment, LLC (GCM), which has been servicingthe New Mexico community and familiesfrom around the U.S., since 1994. Recentlyelected to the Board of Directors for the NewMexico Guardianship Association, she waspart of that organization’s Community Edu-cation Committee that produced a set ofvideos designed to educate family guardiansin a state that covers lots of territory andserves a large rural population. (Videos atwww.nmgaresourcecenter.org)

It was back in 2005 that Martha became aNational Certified Guardian (NCG) throughwhat was then the National GuardianshipFoundation, now called the Center forGuardianship Certification. She says that,like many people, “I mistakenly thought Iwas joining NGA when I got certified.”

Martha always directed people to the NGAwebsite when she was asked how youwould find other guardians in New Mexico.It was in November she realized eventhough she is certified, she wasn’t actuallypart of the list of professional guardianswho are NGAmembers. Her membershipapplication on December 1 rectified thatsituation and made her NGA’s 1000thmember.

The importance of having her name listedin the “Find A Guardian” section of the NGAwebsite may have initially driven Martha tobecome a member, but other benefits ofmembership will keep her active.

Martha is really enjoying the “collegiality” ofthe NGAmembership. She is especiallyimpressed with the NGA Listserv which al-

lows exchange of information and for theway it “brings to light situations and ques-tions of interest.”

She also values the many resources on theNGA website saying. “I like what I’m read-ing there and I often refer clients to thewebsite for information.”

Now eligible for the membership discounton meeting registration, she’ll look forwardto NGA conferences much like the Arizonaevent she attended where NGA and theNational Association of Professional Geri-atric Care Managers (NAPGCM) held ajoint meeting. Networking during sharedsessions was a great introduction to manyother guardians. Martha is currently theCo-Chair of the NAPGCM 2010 AnnualConference, which will be held in Albu-querque in April.

Martha expressed just a few of her reasonsfor joining NGA, but there is no doubt thatthe association’s continuous growth can beattributed to a steadfast focus on memberservices and efforts to constantly enhancethe quality of guardianship across the na-tion. Equally important has been the livelysharing of information that is the keystoneof our membership values. Whetherthrough meetings, the Listserv, or one-on-one networking, NGA has become a thriv-ing national “community” of guardians,fiduciaries and conservators.

In mid-2006 when the NGA Board startedthinking in terms of 1,000 members as anachievable goal, there were 651 names onthe NGA roster. In just over three yearsNGA’s value to the nation’s guardians, fidu-ciaries and conservators has becomefirmly established and with glowing reportsfrom new members like Martha, the newdream of 1,500 members does not seemout of reach.

Martha J. Brown, MSW, LISW, C-ASWCM,NCG, graduated from University ofChicago in 1976 with a Master’s in Geron-tological Social Work (MSW). Her work his-tory includes: Johnston R. BowmanGeriatric Rehab Hospital in Chicago from1976 to 1979; Consultant for the PanAmerican Health Organization to the Mexi-can Government - Ministry of Health, 1979

to 1983; Director of the Foster GrandparentProgram in El Paso, Texas from 1983 to1987; and employment in a hospital basedgeriatric care management program in Al-buquerque, New Mexico from 1987 to1994. She is bilingual in Spanish and Eng-lish.

Martha received her credentials as a Li-censed Independent Social Worker (LISW)from the New Mexico Board of Social WorkExaminers in 1990 and began her owngeriatric care management business in1994. Originally called Senior Manage-ment, it became Geriatric Care Manage-ment in 2000. Since 2005, she has alsoserved on the board of the Western RegionChapter of the National Association of Pro-fessional Geriatric Care Managers(WRGCM). She was the Co-Chair of the2007 Western Region Chapter AnnualConference of the National Association ofProfessional Geriatric Care Managers(NAPGCM). In recognition of her “dedi-cated and devoted service to furthering theprofession” she was awarded the “2007Outstanding Chapter Member Award” bythe NAPGCM.

Martha Brown

9

Ohio Judge Seeking Standardsfor Attorney Guardians

The comment period ended on January 29 for a set of 46 stan-dards, which were proposed to govern attorneys who serve asguardians 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 wronglystripped of his freedom and property.

Ohio's Supreme Court is working on standards, but JudgeBrown said, “I saw a great need and didn’t want to wait.” Hesaid 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 SallyBalch Hurme, an NGA Board member for comments on JudgeBrown’s move. "It's pretty exciting,” Sally said. “This is the firsttime a local judge has adopted these standards of practice for(attorney) guardians." She hopes Brown will inspire otherjudges across the country.

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 thesestandards," Nack said. "Guardianship is a very serious matter.You are given control of the individual. You can grant consentfor surgery or refuse it. It's the most the government can doshort of putting you in prison."

What follows is more of Ms. Carmen’s article directly from theColumbus Dispatch:

Brown was the Common Pleas judge appointed to hear thecase 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 certainlycaused 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 anAlzheimer'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, herbrother has less than $150,000. Keith is suing his formerguardian's law firm, alleging that guardian Jim Hughes sold as-sets at a loss, hired his father-in-law as a real-estate agent andfailed to inventory safe-deposit boxes.

Brown found Keith competent in February 2006. He removedthe guardianship.

Brown's standards will apply only to attorneys, but he hopesfamily, volunteer and other guardians will find them helpful.He's sending his draft to attorneys, other guardians, nursinghomes 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 theguardian dies or quits.

"There are some guardians who have one or two or threewards," Brown said. "Some have hundreds. Those may havetrouble meeting the standards."

But the rules, he said, are to protect wards.

N E W SW A T C H

10

In October 2009, the National Guardian-ship Association (NGA) and the Council onAccreditation (COA), the premiere interna-tional human service accrediting body ofcommunity-based social and behavioralhealthcare services, signed aMemorandum of Understandingto promote quality improvementin agency guardianship systemsthrough COA accreditation. Thisimportant partnership providesboth organizations the opportu-nity to promote excellence in thefield of guardianship.

This partnership follows COA’s release ofits agency guardianship standards, whichsupport improved quality of life and re-duced risk of abuse or exploitation throughtransparent, ethical operations; manage-able workloads; regular contact with serv-ice recipients; and ongoing monitoring ofservice 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 oftheir membership in one of COA’s Spon-soring or Supporting Organizations.

The agency guardianshipservice standards were devel-oped in response to a signifi-cant increase in the agingpopulation and the resultingneed for national accreditationstandards of best practice thatwould help to protect and im-prove outcomes for this vul-

nerable population. Through its relationshipwith COA, NGA will be able to expand itsexposure to guardians and conservatorsand help its membership ensure that serv-ice delivery is of the highest quality. In ad-dition to standards specific to agencyguardianship service delivery, COA’s Ad-ministrative and Management and ServiceDelivery Administration standards addressimportant areas such as ethical practice,

risk prevention and management, clientrights, and financial management whichwill establish transparency and organiza-tions that function optimally.

Founded in 1977, COA is an independentnot-for-profit international accreditor of thefull 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 serveover 7 million of our most vulnerable indi-viduals each year.

If you would like more information aboutCOA and its accreditation processes andstandards, please call 866.COA.8088, ex-tension 263 or visit them at:

www.coanet.orgwww.coastandards.orgwww.coacanadastandards.orgwww.coaafterschool.org

NGA PartnersWith COA to Promote Excellence

11

Alaska State Association forGuardianship and Advocacy (ASAGA)

Arizona Fiduciaries Association (AFA)

Professional Fiduciary Association ofCalifornia (PFAC)

Florida State GuardianshipAssociation (FSGA)

Idaho Guardianship and FiduciaryAssociation

Illinois Guardianship Association (IGA)

Indiana State GuardianshipAssociation (ISGA)

Kentucky Guardianship Association(KGA)

Massachusetts GuardianshipAssociation

Michigan GuardianshipAssociation (MGA)

Minnesota Association ofGuardianship and Conservatorship(MAGiC)

Missouri Association of PublicAdministrators (MAPA)

Nevada Guardianship Association

Guardianship Association of New Jersey,Inc. (GANJI)

New Mexico GuardianshipAssociation (NMGA)

North Carolina GuardianshipAssociation

Guardianship Association of NorthDakota, Inc. (GAND)

Ohio Guardianship Association

Guardian/ConservatorAssociation of Oregon (GCA)

Conservatorship Association ofTennessee (CAT)

Texas GuardianshipAssociation (TGA)

Virgina GuardianshipAssociation (VGA)

Washington Association of ProfessionalGuardians (WAPG)

Wisconsin Guardianship Association

NGA Affiliate StateAssociations

For contact information, go towww.guardianship.org continued on next page

(State conference dates are listed on Page23. The calendar is updated on the NGAWebsite as information is received.)

Alaska – The Alaska StateAssociation for Guardian-ship and Advocacy(ASAGA) held its 15th an-nual conference in August2009. Dr. Vicki Schmall ofAlaska presented a half-day session aboutsuicide and depression in the elderly. Theconference also included a highly praisedinteractive session where participantsworked together on case studies to find so-lutions to difficult decisions and dilemmasin guardianship. Currently ASAGA isworking on updating the video which allfamily guardians are required to watchwhen appointed as a guardian in Alaskaand on planning its August 2010 confer-ence.

Arizona – The Arizona Fi-duciaries Association, Inc.is working closely with theArizona Chapter of the Na-tional Academy of ElderLaw Attorneys to support

the passage of the UAGPPJA. Introducedas HB2426, it passed the House JudiciaryCommittee on January 25, 2010 with a 7-0vote and has been assigned to the RulesCommittee. As it currently stands, there isno known opposition to the bill.

Two AFA Board members, President LisaM. Price and member Heather Winters-Bill,have been appointed to serve on the Fidu-ciary Board Regulatory Scope Subcommit-tee. They will work closely with members ofthe Fiduciary Board, the judiciary and otherfiduciaries from around the state to makedetailed recommendations for changes tothe Administrative Code which governs fi-duciaries. Specifically, the subcommitteewill be working to update the Administrative

State Affiliate NewsCode to address the new regulatory over-sight of the Fiduciary Board when receivingcomplaints about licensed fiduciaries whoare acting in the capacity as an agentunder a Power of Attorney or trustee/suc-cessor trustee of a trust. The FiduciaryBoard did not previously have jurisdictionto consider disciplinary matters involvingthese two capacities.

The AFA has also recently published itsblog, which can be found at: http://arizon-afiduciariesassociation.blogspot.com/

The AFA has determined that this is a moreup-to-date way to communicate with mem-bers and expects that this new blog formatwill replace its quarterly newsletter.

California –In mid-January PFAChad its first Strategic Planning ses-sion in 10 years. A coordinatorran the session along withthree past presidents. Al-though the day was long,valuable information was

shared and learned that will be helpful withPFAC’s future. As a result the MissionStatement is being revisited, the websitewill be revised to be more user friendly,and branding efforts are underway. PFACis hiring a consultant to assist in the devel-opment of more positive public relations in-formation for the organization. The nextstep is to create a speakers bureau.

PFAC is still working with Rick Wallinder ofthe Professional Fiduciary Bureau to pro-vide feedback on the fate of the licensingof fiduciaries. Assistance has been en-listed from the Bar Association and otherswho value the need for continuing licensingof this profession. PFAC is working to-wards clean-up of various legislative issuesin order to provide some continuity andconsistency in the language.

Florida – Michele Hollis-ter, head of the State PublicGuardianship Office (SPGO) hasreturned to the private sector andwill work with the law firm of ScottSolkoff in Broward County. Members ofFSGA are taking part in a formal Job TaskAnalysis process, under the direction ofSPGO, to identify the skills, tasks, and

acrossthe nation

lators with regard to the potential positiveoutcomes of passage of the bill.

The Lexington Herald Leader is developinga story related to guardianship. KGAmem-bers Pam Teaster and Sue Crone werecontacted by the reporter, but the articlehas not yet been published. The reporterdid appear to be interested in possibly de-veloping a second article with KGA in Octo-ber, National Guardianship Month.

Michigan – The Michi-gan Guardianship Asso-ciation Spring conferencewill start with speaker Tim Cu-sack and end with the Judge'sCorner. There are many ses-sions in between that shouldprove enlightening. Registerat www.michiganguardianship.org. MGA isalso attempting to get on the agenda forthe statewide Judge's conference to beheld in June.

Minnesota – The Min-nesota Association for

Guardianship and Conserva-torship has formed a new Com-munications position on theBoard position to be in

charge of website content developmentand upkeep, responses to media storiesregarding guardianship and conservator-ship, returning messages left on our voice-mail system, and other similar duties as tobe determined and assigned by the Execu-tive Committee.

A citizen-led Guardianship Task Force, cre-ated some time ago, consists of some leg-islative-connected individuals as well asrepresentatives from nearly every occupa-tion associated with guardianship and con-servatorship in the state. While MAGiC’soffer to join and assist was inexplicably re-jected, several of board members are inthe group representing their employers,keeping close tabs on the situation. Theprimary focus of the group is to continue toenact legislative change to address per-ceived inconsistencies and omissions, allto improve guardianship and conservator-ship in the state. They pick and choose

State Affiliate News

continued on next page

continued...

processes involved in the practiceguardianship. In meetings around thestate, participants will help identify charac-teristics needed to perform guardianshipfunctions at the highest level. These prac-tices will become part of the new trainingand mentoring process to help us grow“better” guardians.

Florida is up and running with electronicfingerprinting with electronic prints on filefor life. The process will help reduce theonerous process of regular re-printing forenforcement purposes.

FSGA has been instrumental in developingthe training course for members of thecourt appointed examining committeeswhich evaluate our potential wards. Thiscourse is directed at helping committeemembers understand, target, and measuremore accurately the information and in-sights needed by the courts as they act onguardianship and incapacity related issues.

Idaho - This year the Idaho Guardianand Fiduciary Association initiated awebsite (www.igfa.us) to provide in-formation about our organization

and links to services forthose with guardian or con-servator concerns. The or-ganizational infrastructure is

being upgraded to include corporate andboard member binders; a new meetingvenue with telephone conferencing avail-able for our widespread membership andthe option to offer online presentations; for-malizing our membership list to be distrib-uted to members statewide to improvenetworking and evaluating our growth po-tential.

Education provided to members at monthlymeetings includes presentations by theAda County Guardian Mentoring Program,Ada County Community Board ofGuardians, Washington Bank representa-tives on services for conservators, an iden-tity theft specialist, hospital dischargeplanning for wards and others, Veteran Ad-ministration Hospital new programs and re-verse mortgages to fund living expenses.An education project was spearheaded byGrant Kane MSW, court visitor in conjunc-tion with our district judge, Christopher Bi-eter to improve the quality of court reports.

Many of IGFA members and other courtvisitors attended the training sessions. InDecember a demonstration of the onlineguardian and conservator training washeld. Spearheaded by group members in2007 and funded by a grant, the onlinetraining was developed with input from themembership especially Stephanie BenderKitz, Ph.D. It will be mandatory training forall new court appointed guardians within 90days of appointment.

Indiana –The Indiana StateGuardianship Associationhas a campaign underwayfor 2010 membership. Eachmember was asked to sub-mit names of three col-leagues who would benefitfrom membership/networking.

The Indiana State Guardianship TaskForce met in December and is planning aday long retreat in March. As a member ofthis task force, ISGA is committed to as-sisting others to identify the current issuesand needs for Guardianship throughout thestate. Educational Speaker/Luncheon pro-grams awarding CEU’s for National Certi-fied Guardians will be offered April, June,and August of 2010 in Indianapolis with thedates and times to be posted at www.indi-anaguardian.org. There is a GuardianshipSymposium Co-sponsored by ISGA andthe Indiana Adult Guardianship ServicesProject (IAGS), May 12 in Indianapolis formore information emailiagsproject@yahoo.com.

Kentucky – The KentuckyGuardianship Associ-ation presented itsfirst John “Reg”White scholar-ship to Angela DeFebbi, a junior SocialWork major at the University of KY. She willbe recognized at the conference May 18and is currently finalizing details on com-pleting her senior practicum with Ken-tucky’s public guardianship program.

KY House of Representatives passed HB86 - UAGPPJA. The bill is currently in theSenate Judiciary Committee. KGA hasbeen working in conjunction with theAlzheimer’s Association on educating legis-

12

13

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 USeconomy and benefitsbeing removed fromservices due to statebudgets being cut. Mental HealthProviders from across the state plannedtheir “Hill Day” trip to Jefferson City onFebruary 11 to advocate to “do not harm”to the current budget for mental health andspecial needs services here in Missouri.We will have to see how that comes outlater. Public Administrators across thestate are busy with providing training on aRegional level by the Vice-Presidents ofeach region. The Missouri Association ofPublic Administrators has a website:www.mapainfo.org with links to other pro-grams of interest to those serving asGuardians and Conservators.

Nevada - The NevadaGuardianship Association isworking on its application fora 501(c)(3) status with theIRS. As part of its process,NVGA has recently adopted aStrategic Plan to guide itsprogress over the next five

years. NVGA is also revising its bylaws toensure that they reflect the current mission.NVGA will publish its first newsletter forWinter 2010 with its inaugural launch afterfinal revisions are complete. The associa-tion initially expects to issue newslettersevery six months. Nominations are beingsought 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 BoardMeeting that follows the membership meet-ing that day.

North Carolina -Plans are now com-plete for our annualconference and theprogram has been sent out. The responsehas been exceptional, because of thestrength and quality of this year’s program.

Using a small grant from the Mary DukeBiddle Foundation, the North Carolina

Guardianship Assocation will revise andupdate a brochure on Guardianship inNorth Carolina.

Ohio – In the judicialarea Minimum Stan-dards for guardianshave been approved bythe parent committeeand are on their way tothe Justices for their review.

A symposium called the Summit on Agingwill be held on October 15. It will be by invi-tation only, with each county probate judgeinvited to bring 3 agency representatives ofhis/her choice. The Summit in part willteach them how to develop interdisciplinaryguardianship teams.

Oregon –TheGuardian/ConservatorAssociation of Oregonbi-annual conferencein May will coverareas ranging fromdisaster planning for clients to forensic ac-counting, from ethics to boundaries. Thefirst member meeting of 2010 was heldFebruary 19 with three speakers includingan attorney, professional fiduciary and theDirector of the Multnomah County (Port-land area) Probate Department. GCA Ore-gon continues to grow; working onbranding, education and outreach to ruralOregon. To that end, Governor Kulongoskiand the 2009 Oregon Legislature imple-mented and task force to look at ways toenhance the availability of public guardiansin rural Oregon. GCA Oregon is also start-ing the process of implementing a mentor-ing program.

Texas – TexasGuardianship Asso-ciation is making astrong effort thisyear to encouragethe TGAMembersto serve on one ofthe TGA Commit-

tees to increase membership involvement.TGA did a mailing to all members at theend of January as a reminder for the mem-bers to pay their annual dues if they hadnot already done so.

At its first board meeting for 2010 on Janu-ary 22 in Waco, TX, TGA inducted threeboard 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 largeinclude: Vickie McMurry, Sundra Spears,Debby Salinas Valdez, and Jana Taylor.Inez Russell remains the Executive Direc-tor. Claire Shell and Donna Baugh arecontract employees.

Virginia - Three sepa-rate bills have beenunder consideration bythe 2010 Virginia General Assembly.

The Uniform Adult Guardianship and Pro-tective Proceeding Jurisdiction Act (SB80)was proposed to establish a mechanismfor resolving multi-state disputes regardingadult guardianships and conservatorships.This Act has been carried over to the 2011Virginia General Assembly in the SenateCourts of Justice Committee.

After substantial revisions were made toAdvance Medical Directives by the 2009Virginia General Assembly, additional revi-sions have been proposed in Senate Bill275. One change authorizes a publicguardian program in Virginia to admit an in-capacitated person to a mental facilityunder certain circumstances just as a pri-vate guardian was authorized to do in therevisions of 2009. The bill introduces theterm ”capacity reviewer” as the person pro-viding the second certification that a per-son is unable to make an informed medicaldecision and this person can be a licensedphysician, clinical psychologist, nurse prac-titioner or clinical nurse specialist who isqualified by training or experience to as-sess whether a person is capable of mak-ing an informed medical decision. Anotherproposed change would eliminate the re-quirement of certification by a capacity re-viewer, a second physician, or a licensedclinical psychologist if the patient ”…is un-conscious or experiencing a profound im-pairment of consciousness due to traumastroke, other acute psychological condi-tion.” With respect to the hierarchy ofthose persons authorized to make medical

continued...

State Affiliate News

continued on next page

decisions for a patient who has not exe-cuted an advance medical directive, andwho has been certified as unable to makean informed medical decision, an additionaland last category of persons authorized tomake a medical decision for that patienthas been proposed in this bill. This pro-posed new category of persons is “Anyadult, except any director, employee, oragent of a health care provider currently in-volved in the care of the patient, who (i)has exhibited special care and concern forthe patient and (ii) is familiar with the pa-tient’s religious beliefs and basic valuesand any preferences previously expressedby the patient regarding health care, to theextent that they are known.” Whether aperson meets these criteria is to be deter-mined by a health care decision reviewcommittee in the facility if it exists or twophysicians not involved in the care of thepatient. This is significant in that it wouldestablish a category of persons to makemedical decisions for the patient who arenot related to the patient. This bill haspassed the Senate and has been referredto the House Committee on Health, Wel-fare and Institutions.

Finally, Bill HB719 seeks to establish in theVirginia Code the Uniform Power of Attor-ney Act (UPOAA) that was adopted by theNational Conference of Commissioners onUniform State Laws in 2006. This bill pro-vides default rules that can be modified ifthe principal desires. For example, powersof attorney are presumed to be durable un-less drafted to expire at a point in time orupon a certain event. Definitions of termsused in and relating to powers of attorneyare set forth in the bill. Significantly, liabilityis established for refusal by a third party toaccept a power of attorney under certainspecified circumstances. Acts requiring aspecific grant of authority are set forth inthe bill as opposed to those acts author-ized under a general grant of authority forreal property and intangible personal prop-erty. The authority of an agent to deal withbanking institutions, stocks, bonds, busi-ness operations, insurance, annuities,trusts, and estates are all addressed in thebill. This bill has passed the House andhas been referred to the Committee forCourts of Justice, Civil subcommittee.

continued...

14

Wisconsin – Wiscon-sin CorporateGuardianship agenciesare at risk of losingtheir funding sourcesvia the change to thenew Family Care pro-gram. Some of thenorthern counties have already lost theirfunding. The Wisconsin Guardianship As-sociation is working with the state Depart-ment of Health and Family Services tosolve this issue. As many as 3,000 wardsstatewide will potentially not have a voice.These are the wards for which volunteerguardians could not be found due to thecomplexity of their situations or conditions.We (the guardians of last resort) fearabuse and neglect could be on the rise and

Past PFAC President MemorializedShirley 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 Boardhas agreed to establish the Shirley Trissler Scholarship Fund. Shirley had a greatpassion for mentoring new fiduciaries. The scholarship funds will be used to continueher 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 ShirleyTrissler Scholarship Fund, to Norine Boehmer, as follows:

Shirley Trissler Scholarship Fundc/o NBM, Inc.1494 S. Robertson Blvd., #200Los Angeles CA 90035

PFAC notes that Shirley would be pleased to know that funds in her name will be usedto help others as her entire life was in the service of others in so many ways, bothlarge and small.

If you have any questions, contact PFAC through Norine Boehmer atnorineb@pacbell.net or Stella Shvil at stella@shvilfiduciary.com.

State Affiliate News

institutionalization could be on the horizonagain.

In February two representatives from thestate government section of Family Caretalked with WGA about what it could do tohelp solve these issues and was told thatthey are going to try to delay the imple-mentation of the funding cut off by anothermonth or two. They explained that theresimply is no money to pay guardianshipagencies to provide services. The FamilyCare Ombudsman also spoke and she wasas surprised as we were that funding wasgoing to stop. When Family Care was de-veloped, they failed to include guardians inthe planning. Currently WGA has 38 paidmembers. Wisconsin has 70 corporatenon-profit guardianship agencies.

15

The InternationalGuardianshipReport

Jochen Exler-KönigBerlin, Germanywww.international-guardianship.com

You are encouraged to visit the Interna-tional Guardianship Network’s relaunchedwebsite www.international-guardianship.com. You will find interestingpublications, documents and informationregarding our current projects and plannedconferences.

IGN now has 176 members from 24 na-tions and 4 continents. The new IGN mem-bers are:

Young Sub Shim, Lecturer at the Instituteof Media Science, Konkuk University,Seoul, KoreaJohn Billings, Deputy President of the Vic-torian Civil and Administrative Tribunal,Melbourne, AustraliaTony Fitzgerald, Managing Director, StateTrustees Ltd, Melbourne, AustraliaRene Kremser, Social Worker, Institute forSocial Services, Vorarlberg, AustriaKarsten Gläser, Dipl.-Designer, FreelanceArtist and Montessori Pedagogue, Berlin,GermanyRaymond Remakel, Treasurer Info-Handi-cap asbl, LuxembourgDenzil Lush, Senior Judge of the Court ofProtection, London, UKMrs. Keiko Endo, Social Worker, JapanMrs. Kazumi Ishiwata, Professor Depart-ment of Human Sciences Toyo Eiwa Uni-versity, Japan

Portugal

Mrs. Anabela Costa was referred to IGN bymember Prof Kate Mewhinney. Mrs. Costais a Portuguese citizen living in the US forthe last 30 years. She has an elderlymother who still lives in Portugal, who issick, lives in a nursing home, is notwealthy, pays her nursing home with herretirement pension, and owns an apart-ment. She is seeking someone who couldhelp her find contacts in Portugal whocould explain how the Portuguese systemworks, whether there is such a thing aslawyers specialized in elderly law, andhow she could get a referral. If you know aPortuguese lawyer or someone who couldhelp us, please don't hesitate to contactMrs. Anabela Costa(acosta244@yahoo.com) or me. Helpingeach other is one of the most importantmissions 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 theJapan Adult Guardianship Law Association(Jaga), IGN and the Internationale Confer-ence on Public Trustees and PublicGuardians (PTPG). The internationalpreparation meeting was held in Berlin,February 8. We expect more than 300 na-tional and international participants.

The following IGN members are known tobe planning to attend the congress:Michael Kröger, Jochen Exler-König, DorisTeske, Iris Dockhorn, Sigrid Schmidt-Tych-sen (all Berlin, Germany), Ingrid Nagodeand Margot Prinz (Austria), Judge StefanTappeiner (Italy), Judge Kees Blankman(The Netherlands), Senior Judge DenzilLush (UK), Laura Watts (Canada), SallyHurme (USA), Anita Smith, Patrick McGee,Tony Fitzgerald (Australia). A lot more IGNmembers will attend.

The congress will not be a normal con-gress. Yokohama is just the place to be in2010 and a conference you will never for-get. It is a great opportunity to meet goodold friends and interesting new personali-ties, to learn from each other and to be in-spired for the daily work. We will have thechance to become part of a historical eventand to improve the international guardian-ship standards. Carpe diem! You can findmore information about the registrationfees etc. on the websitewww.wcag2010.org. The final program willbe available soon.

Conferences 2010

Global Health & Innovation Conference atYale 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 Reliefor 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 orwww.international-guardianship.com

National Conference on Guardianship,Hershey, Pennsylvania, USA, October 2-5,2010: www.guardianship.org

National Conference on Guardianship (Vor-mundschaftsgerichtstag), Brühl nearCologne, Germany, November 4-6, 2010:www.vgt-ev.de

Adult Guardianship Court Data and Issues outlines results from an online survey that was a joint project carried out in theFall 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.

Read An Important New Guardianship Report on the NGAWebsitewww.guardianship.org/reports.htm

"Crash! Your Ward's onBoard. What Now?Imagine you're driving your ward, GertrudeMcGillicuddy, in your own car to a doctor'sappointment. Being momentarily distractedby her antics in the back seat, you rear-enda car in front of you that stopped suddenly toavoid a pedestrian. Gertrude is hurt and thecar you hit has substantial damage to the dri-ver's side rear fender. What now?

After giving the police report and exchanginginsurance information, you begin to worryabout whether you have adequate insurancecoverage to meet the loss. That determina-tion turns on several important questions.

First, does your personal auto policy have abusiness pursuits endorsement? If not, youmay well have no coverage under that policybecause the accident arose within thecourse and scope of your rendering profes-sional services to others.

If your personal auto policy does apply, doyou have adequate limits of liability? Let'ssay you have $15k/$30k limits. That may notbe sufficient given the extent of injury anddamage you caused. However, if you havehired/non-owned auto coverage, there couldbe excess coverage available.

Most businesses carry a business officepackage ("BOP") policy, which is a collectionof coverages businesses normally need,such as general liability and business prop-erty insurance. Typically, hired/non-ownedautomobile insurance can be endorsed ontosuch a policy. In the case of your accident,whether the hired/non-owned cover appliesmay turn on the form of your business.

For example, if you are a sole proprietor andown your car in your name, the hired/non-owned cover may not apply because you asa sole proprietor "own" the automobile in-volved in the accident. On the other hand, ifyour practice is set up as an LLC or corpora-tion, the company would not have title toyour car, thus "non-owned" coverage wouldapply. Also, if your employee had been driv-ing Gertrude in the employee's car, the non-owned requirement would be met andcoverage would exist so long as all othercoverage requirements were satisfied as

The Investment Plan – ACritical Element inGuardianship SuccessThe NGA Standards of Practice, 18, II states,“The Guardian shall prepare a financial planand budget that correspond with the careplan for the ward.”

It is hard to imagine caring effectively for award without a good idea of what his ex-penses, income and assets are. Given hisanticipated expenses, how far can those as-sets be stretched to provide for him? Howwill inflation and investment returns impactthe longevity of those assets? It would seem,therefore, that an investment plan must be acritical element of an effective financial planfor a ward. How can you create a well-rea-soned investment plan and asset depletionprojection? Those are two of the valuableservices Prudent Investors Network pro-vides.

Start by completing a questionnaire, whichcan be found on the PrudentNetwork.comwebsite. In the upper right hand section,“About Us,” click on “Questionnaires andForms” and then “Guardianship.” The infor-mation requested in the first two sections isfairly straightforward, which moves us to “An-nual Income” and “Annual Expenses.”

To prepare the budget and asset depletionprojection, we need to know all sources of in-come, such as Social Security, pensions,real estate, and structured settlements. Ifthere are exceptions to regular income suchas periodic lump sum distributions from astructured settlement or the anticipated pro-ceeds from the sale of real estate, put theseexceptions under “Additional Information.”

Common expenses include living expenses,medical (this may vary from year to year, butgive your best estimate),legal/accounting/fiduciary, and personal. Youmay also anticipate exceptional expensesthat are nonrecurring such as the purchaseof a car or home. List this information andwhen the expense is anticipated under “Ad-ditional Information.”

The “Total Assets to be Managed” is theamount we look at when considering invest-ment alternatives. If there are substantial as-sets that will not be included in the

Working to meet thechanging needs ofGuardians andConservatorsAt SEM Applications, Inc., we know that yourbusiness is always changing. Somechanges are made to accommodate moreclients or more employees, some are madeto satisfy new requirements set forth by thejudge or by Social Security, and somechanges are made to help improve efficiencywithin the office. Whatever the reason, weare here to work with you and to do every-thing possible to accommodate your needs.

In an effort to meet the needs of Guardiansand Conservators, a new Special Logins fea-ture has been added to the EMS Web edi-tion. A Special Login is a login that can begiven to professionals such as doctors andattorneys, and they can even be used forfamily members. These Special Logins havetheir own security so you can control whichscreens they are allowed to see and howmuch they can do on each screen. If theSpecial Login belongs to a professional,such as a doctor, that doctor will be able tosee information for each ward/client they areassociated with. Allowing a professional theability to view information about a ward/clientinstead of them calling the office to ask thosequestions can save valuable time.

You can even allow the Special Logins ac-cess to view and leave comments. When aprofessional leaves comments directly in theward/client’s file, it eliminates the risk of im-portant information not being logged in thedatabase. Comments entered in this waybecome immediately accessible to theGuardian so they can be informed at thesame time information is being notated in theward/client’s permanent record. This helpsto reduce redundancy and increase effi-ciency.

Some comments are for internal use onlyand should not be viewable by family andprofessionals. This is why all comments canbe designated as Public or Private. Onlyemployees can view private comments andthey are not available for Special Logins.You can even designate the default settingby category. Since all comments are catego-rized, you can designate by categorywhether it will default to Public or Private.

Premier Expert News

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For instance, items categorized under CarePlan can be made Public for family or pro-fessionals to see, while items categorizedunder Clerical Hours can be made privatefor only office staff to see.

These are just a few of the ways that SEMApplications, Inc. has been working tomeet the changing needs of Guardians andConservators. We invite you to take acloser look at what the EMS applicationhas to offer by contacting our office for afull demo. You can also demo the EMSWeb Edition by going to our website atwww.SEMapplications.com and clicking thelink to View Internet Edition Demo.

Don’t forget about the valuable discountsoffered only to NGAmembers:

• Internet Edition users will receive a 20%discount on the already low monthly fee,and they will receive 2 months free with thepurchase 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 atwww.semapplications.com.

SEMwell.

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 notapply because of some limitation or exclu-sion. Let's say for example, that your em-ployee were driving the car, but did nothave a business pursuits endorsement.The hired/non-owned insurance may dropdown into primary position, so long as theemployee had primary coverage in placewith limits of at least $100k/$300k.

Of course, tracking everyone's insurancelimits on an ongoing basis can be a bur-densome process prone to error. In manycases it may make more sense to simplypurchase a commercial auto policy which,for the limits provided, is normally morecost 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 lessthan a $1mil limit commercial auto policy.Even so, for the limit, the commercial autooption is normally a better buy, so long asyou are not charging clients a fee for trans-porting them which would normally requirea more expensive "livery" policy. Such cov-erage also eliminates many of the cover-age worries attendant to the use of apersonal automobile in a business.

When considering commercial auto cover-age, one important issue is the determina-tion of whether you have a sufficientinsurable exposure. For example, if youare a sole proprietor, most carriers requirethat you insure at least 5 private passengertype (PPT) vehicles under a single policy.An important exception to this, however, isthat a single commercial truck can typicallybe 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 tocorporations 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

"managed portfolio" (such as raw land, theresidence, or a valuable art collection), addan addendum to the questionnaire. TheTotal Assets can influence the assetclasses chosen when diversifying the port-folio (you might not want additional real es-tate investments, for example, if the homeor other real estate already constitutes alarge portion of the ward's assets).

If income is greater than expenses, thenbarring a significant change, you are in agood position. If expenses are greater thanincome, you may want to calculate howlong the assets will last. Let’s look at“Stan”, an 83-year-old with a statistical lifeexpectancy of 8.6 years. With an invest-ment account valued at $450,000, Stan’smonthly expenses (net of income), are ap-proximately $5,000. Assuming his money iskept in bank CDs at, say, 2% per annum,and that general inflation runs at 2% perannum, his assets are likely to be depletedby age 90 (i.e., within 7 years – more thana year short of his life expectancy). If theearnings rate can be improved through in-vesting to 6%, the assets will last to age 92(9 years). A projection/budget of this type isvery good to submit to courts in helpinggain support for decisions that need to bemade so that the ward does not outlivehis/her assets.

Other items to consider are the amount offunds set aside for liquidity. We recom-mend eight months of liquid reserves. Listthe physical and mental health of the ward;and if you have a physician’s estimate ofreduced life expectancy, indicate that aswell. A realistic investment plan clearlyneeds to be based on the best estimate ofthe ward's life expectancy (not necessarilyon general, statistical life expectancies).For instance, a ward that has severe in-juries from an automobile accident mayseem to have a long life expectancy basedon his date of birth, but when a physiciantakes into consideration the chronic condi-tions resulting from his injuries, his life ex-pectancy may be significantly shortened.

At Prudent Investors Network we gather allof the above-mentioned information andprepare an Investment Plan that includesan Investment Policy Statement, an Invest-ment Recommendation, and an Asset De-pletion Analysis where needed. Thesedocuments are often submitted to the courtand are generally sufficient to meet theNGA Standards of Practice 18, II whenguardians of the person and guardians ofthe estate review the care plan in light ofthe financial circumstances of the ward.

Dominion Prudentcontinued...continued... continued...

the policy. By contrast, symbol 1 would ex-tend insurance to any auto used in the in-sured's business -- including employeeowned vehicles. When using this symbol itis important to schedule all potential driv-ers. Symbol 2, which is less frequentlyused, covers all vehicles owned by thebusiness, 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-ownedcoverage be provided by that policy, not byany BOP the insured may have. So it is im-portant to make sure that those coveragesare properly coordinated.

In sum, there are various coverage optionsavailable to professional fiduciaries to ad-dress automobile liability issues. It is im-portant, however, that care be taken toselect the option that best suits your partic-ular circumstances.

Dominion Continued...

continued...

NGA’s new virtual prep-course for the certification exam is a success!NGA has completed the first session of itsnew virtual review course for the certifica-tion exam and the success of this new for-mat has already led to scheduling arepeat of the course in April. Participantshave given “excellent” reviews to theweekly webinars that provide an opportu-nity to be part of an exam study groupwithout the expense of travel by using acomputer and a toll free phone number.

In order to provide the optimum study ex-perience, NGA accepts only a limitednumber of participants for each session,even though this is a virtual seminar andcould accommodate large numbers.Those interested in the April session arecautioned to register early because de-mand exceeded space for the Februarysession of the virtual review course andNGA had to close down registration be-fore the deadline.

All registrations must be received sevendays prior to the start of the session, mak-ing March 29 the last day to register forthe first module in April. The course hasfour modules with each of the hour-longsessions focused on a defined topic. Par-ticipants can register for all four sessionsor just those where brush-up training isdesired.

The course offers an in-depth review ofthe NGA National Study Guide and istaught by “Approved Educators” fromNGA. 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 completeoverhaul of the national study guide. Forthose seeking an independent study pro-gram this new version of the nationalstudy guide is available for purchase with-out signing up for the course. State-spe-cific study guides are also available forCalifornia and Florida. NGA does not offera state-specific study guide for any otherstate.

Register for the Review Course or pur-chase study guides using forms atwww.guardianship.org.

IMPORTANT: NGA does not administer theCertification Exams. Exams are conductedby The Center for Guardianship Certifica-tion (CGC), which is an entirely separateorganization with a different staff and of-fices located in a different city than NGA.Registering for NGA's Review Course orordering study materials does not automat-ically register you for the exam and viceversa. For detailed information on Certifi-cation/Licensing Exams call 717-238-4689.

Virtual Review Course Schedule forApril

The next round of webinar study sessionsis scheduled for successive Wednesday’sin April. All of the one-hour sessions beginat 1:00 pm Eastern Standard Time (Noon,Central; 11:00 am, Mountain, and 10:00am, Pacific). The schedule is:

April 7 - Module One: Universal Roles ofthe Guardian

Summarizing the guardianship process,explaining the main roles of a guardian,outlining the model code of ethics forguardians, etc.

April 14 - Module Two: Guardian of thePerson

Covering initial duties of guardian of theperson, discussing confidentiality issues,addressing rights of the ward, etc.

April 21 - Module Three: Guardian of theEstate

Defining the prudent investor rule, identify-ing situations that pose a conflict of inter-est, discussing the process of developing afinancial plan and budget, etc.

April 28 - Module Four: Decision Making

Explaining the informed consent principle,evaluating withholding or withdrawal ofmedical care in end-of-life situations, etc.

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Ginny Casazza, leader for the Income Development Committee, is actively seeking volunteersfrom the membership who have an interest in helping NGA build win/win relationships with thehundreds of companies on which the guardianship community relies. NGA offers a uniquelytargeted market that is attractive to many companies.

When NGA connects with companies, our members benefit from learning about the companyand their products and services. In turn, the companies know they are being exposed to thecream of the crop when it comes to guardians, fiduciaries and conservators from around thecountry. It is the job of the Income Development Committee to help make those connectionshappen.

Whether it is through advertising in the newsletter or directory, sponsorship or exhibiting atconferences, becoming one of NGA’s Star Providers, or simply joining as a member, NGA hasopportunities available for companies that provide services such as:

Banking InvestmentsTrusts BondingInsurance LegalReal Estate Title SearchHome Care Assisted LivingSenior Housing Home ImprovementMortuary Pre-Planned FuneralsMedical supplies Senior care itemsCleaning OrganizingComputer Software Accounting/Tax

Volunteers are being sought to introduce companies to the benefits of connecting with theNGA 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 affordablerate. If this activity sounds interesting to you, Ginny would like to hear from you. Contact herthrough the NGA Business office: info@guardianship.org.

Seeking Volunteers

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NGN UpdateThe National Guardianship Network, which is chaired by NGA, ismoving forward in the planning effort for a ThirdWingspread/Wingspan National Guardianship Conference thatwill be held in 2011 -- marking a decade since the Wingspan Na-tional Guardianship Conference. The specific thrust and struc-ture of the proposed conference is still under consideration, butthe initial focus is on two of the Wingspan recommendations:

� Rec. #45, Standards of Practice -- “States [should] adopt mini-mum standards of practice for guardians, using the NationalGuardianship Association Standards as a model.”

� Rec. #6, Interdisciplinary Guardianship Committees -- “Stateand local jurisdictions [should] have an interdisciplinary entity fo-

cused on guardianship implementation, evaluation, data collec-tion, pilot projects, and funding.”

A 2011 National Guardianship Conference would convene dele-gates from key stakeholders to focus on developing stateguardianship interdisciplinary committees, uniform standards ofpractice, and approaches to secure passage of the standards.

The NGN is currently reviewing proposals from nine law schoolsto host the event, and the decision on the selection site will bemade by the Spring of 2010.

NGA is honored to be chairing the NGN at this exciting time.The Board of Directors continues to support the passage of theUniform 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,Minnesota, Illinois, Oregon, Nevada, Washington, West Virginia,and Montana.

NGA congratulates all members who have worked so hard forpassage in these states, and supports those who are working forpassage in states not yet in the win column.

Please contact Terry W. Hammond atngaexecutivedirector@guardianship.org with any updates or re-quests for assistance on issues related to UAGPPJA.

Colleen Colton, NMG, NamedCGC PresidentColleen Colton, NMG, of Fort Worth, Texas,has been named 2010 President of theBoard of Trustees for the Center forGuardianship Certification (CGC).

Executive Director of Guardianship Services,Inc., Colton has been active in the guardian-ship field for almost 25 years. She was thefounding president of the Texas Guardian-ship Association and has been active on var-ious committees of the National Guardianship Association (NGA).

“I look forward to working with others on the CGC Board whoshare my commitment to ensuring that those who serve asguardians are well-qualified and uphold the highest ethical stan-dards,” Colton said.

She has many goals as president of the CGC board, includingcontinuing with the strategic plan currently underway, conversionto online certification testing, and educating the public on the im-portance of guardianship certification.

“I’m looking forward to spreading the word about what we’re doingso that more states can be sure that their guardians are certifiedand qualified,” Colton said.

All leadership positions began on January 1. Others serving asCGC officers for 2010 are: President-elect Jean Krahn, NMG;Secretary Fred Floreth, Esq., NMG; Treasurer Neil Newstein,LCSW, NCG; and Immediate Past President Lexie Lamborn,NMG.

CGC was founded in 1997 by the National Guardianship Associa-tion and is headquartered in Harrisburg, PA. CGC has more than1,900 National Certified Guardians and more than 50 NationalMaster Guardians. For more information about national guardian-ship certification, please visit www.guardianshipcert.org.

Hoarding: When is an Alternate DecisionMakera Prudent Choice?By:Shay Jacobson, RN, MA, NCGLauren Sherman, LCSW, NCG

The prevalence of hoarding is underesti-mated in our society, as is the impact to theperson, their families, and the community.Recent studies show that the currentprevalence is estimated at 5% of the USpopulation; 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 thoseafflicted. Hoarding has been proposed asits own diagnosis for the 2012 Diagnosticand Statistical Manual of Mental DisordersV (DSM-5). This would give hoarding itsown identity. Increased recognition couldprovide more access to assessment, treat-ment strategies, government entitlements,and ultimately improve the quality of peo-ple’s lives while decreasing the negativeimpact on society.

The guardianship courts are challengedwith these clients on a daily basis and yet aconceptual framework for addressing theneeds of these distinctive wards is missing.As we gain knowledge we will be moreequipped to find meaningful assessmenttools and affect positive outcomes for thispopulation.

Assessment

The cases that are brought to the attentionof the guardianship court have predomi-nantly failed many other intervention strate-gies by family, private services, andgovernment organizations. An understand-ing of the illness is essential to determine ifguardianship is necessary and what levelof guardianship is appropriate. Individualswith hoarding tendencies have commonali-ties in how they think. They tend to lack in-sight into their problem, believing thatothers simply do not understand the valueof their things. The most universal defini-tion of hoarding comes from Frost andHartl (2006) which includes saving thingsof “useless or limited value.” They believeevery 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 asthe person spends hours and hours redo-ing their stacks without ever getting rid ofitems to the degree that it consumes all oftheir time and interferes with their lives.

People who hoard have a tendency topresent well, rationalizing their behaviorand management of their life. They rarelyreport a clear and true picture of their lives.It is essential that the environment be partof the initial evaluation. We utilize a picto-rial assessment of the functional areas ofthe home, rating the clutter according to afive-point scale (Steketee & Frost, 2006).We evaluate and assign each of the areasa number on the scale, with five being theworst, 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 areasor who present significant safety issues,and who have failed multiple interventionsby the family, neighbors, community mentalhealth, senior services, and/or private or-ganizations, may require an alternate deci-sion maker to effectuate change and toprotect the client and their estate.

Maximizing Client Participation in aGuardianship

One of the universal standards of anyguardianship is to have the ward in theleast restrictive environment possible (Na-tional Guardianship Association Standardsof Practice). In cases of hoarding, the courtmust be presented an assessment of theenvironment to assure the safety and wellbeing of the ward. The guardian must de-velop and implement interventions aimedat keeping these clients in the least restric-tive environment while remaining cognizantthat the wards’ decisions regarding theirstuff may be unrealistic and they requireassistance with decisional process. It is al-ways a goal to have the ward participate indecisions to the best of their ability. Theuse of limited guardianships and clearevaluation of the decision making processwill maximize the client’s independence.Going forward, the role of the guardianshipshould be to facilitate decision making, byinviting participation but at the same timesetting limits and boundaries so that thejob still gets done and the case does notget stalled. Choices need to be limited toprevent procrastination.

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Clients who hoard have difficulty with deci-sions. The guardian can help build a struc-ture around decisions so the case canmove forward. Deadlines, budgets, andother forms of rules help cases get out ofthe circular pattern. A ward needs to havethe opportunity to participate within the lim-its and time frames set by the court. Fre-quently the participant’s decisions need tobe reduced to choices that do not impactprogress. For instance, giving a choice ofwhich room to clean out first and a dead-line for when it is to be completed.

Guardianship can be effective in severecases of individuals who hoard. There aremany different factors that need to be jug-gled during the process to help effectchange. One should always strive for theleast restrictive environment for their client,but remain consistent with the ward’s limi-tations and the challenges of keeping time

Hoarding

for labor, court, caregivers, and theguardian to economical, value-added lev-els. The keys to success are to be under-standing and compassionate and tomanage boundaries and resources. Notmaking a decision is making a decisionand the inaction can result in unsafe andinappropriate living arrangements.Guardianship can be a tool to protect theclients afflicted with this complex illness ofcompromised decision making. An ongo-ing maintenance program is also vital forthe long term well being of a case. This isa chronic condition that does not have thepotential for a “cure” but instead involvesongoing management of the tendencies.You must be on alert for increased savingand disorganized thinking. Failing to pro-vide this management sets the stage forrecurrence of the problem. In fact, it is justa matter of time.

Listserv Task Force Is Updating Policies and ProceduresIn a survey of the membership last sum-mer, NGA learned that the Listserv isviewed 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 valuableforum for positive and constructive informa-tion exchanges among concerned and mo-tivated guardians, conservators andfiduciaries on issues of general interest toNGAmembership.

It has been exciting to see Listserv mem-bership almost triple over four years aseveryone grasps the inherent value it pres-ents in bringing together knowledge, expe-rience and information from leadingmembers of the guardianship communityfrom across the nation.

As part of the Association’s overall plan-ning process, the Board took steps thisyear to ensure that this valued benefit ofmembership operates efficiently and effec-

tively to serve your interests. A Task Forcehas been appointed to review the policiesand procedures that guide the function ofthe Listserv and to update the Terms ofUse Listserv members are expected to fol-low.

The Task Force has been working deliber-ately and expects to present their updateddocuments to the Board for approval withinthe next month. Listserv users can expectto receive more information as soon aseverything is finalized.

While the Listserv is a free benefit for allmembers, participation is optional. Due toFederal anti-Spam laws, NGA cannot auto-matically add you to the Listserv even ifyou provide your email address for ourdatabase.

To become a participant in the Listserv andjoin in sharing information with fellow mem-bers of NGA, simply send a request to

NGAListserv@comcast.net and provideyour name and your email address in themessage. Once your membership is veri-fied, you will receive a message confirmingyou have been added to the list and youwill begin receiving and sharing informationusing the same email address: NGAList-serv@comcast.net.

All members are encouraged to sign up forthe 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 spamblocking filters all Listserv users must alsoadd her to their address book as an ap-proved sender: tgbreon@breonconsult-ing.net However, do not use Terri’s emailaddress 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 behaviorin a community-based sample. BehaviorResearch and Therapy, 46, 836-844.

� Steketee, G. & Frost, R.O. (2006). Com-pulsive Hoarding and Acquiring: TherapistGuide (Treatments That Work). New York:Oxford University Press, USA.

Printed with permission. The authors pre-sented this issue in a breakout at the 2009NGA National Conference on Guardianship

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Nevada: March 18, 2010Nevada Guardianship Association General Membership Meeting with Election of Board; www.nevadaguardians.org

Missouri: April 19 - 22, 2010Missouri Association of Public Administrators yearly convention: www.mapainfo.org

Michigan: April 22 & 23, 2010Michigan Guardianship Association Spring Conference; www.michiganguardianship.org

2010 Colloquium on Guardianship: April 23, 2010Chicago, IllinoisGo to www.guardianship.org

Virginia: April 26 & 27, 2010Virginia Guardianship Association/Virginia Elder Rights Council Joint Conference on Guardianship, Elder Rights, andDisability Services; www.vgavirginia.org/conferences.asp

California: May 5-7, 2010Professional Fiduciary Association of California (PFAC) Spring Conference; www.pfac-pro.org

Tennessee: May 13 & 14 2010Conservatorship Association of Tennessee Spring 2010 Conference “It’s All about Collaboration!”

Texas: May 17 - 19, 2010Texas Guardianship Association Spring Conference

North Carolina: May 18 - 20, 2010The 2010 Conference of the North Carolina Guardianship Association (NCGA); www.nc-guardian.org

Kentucky: May 18, 2010The second Kentucky Guardianship Association Annual Conference

Oregon: May 21, 2010Guardian/Conservator Association of Oregon bi-annual conference

Florida: July 15, 16, and 17, 2010Florida State Guardianship Association Annual Conference; www.floridaguardians.com

Wisconsin: September 13 - 15, 2010Wisconsin Guardianship Association Annual Conference(Review course and certification exam tentatively schedule in conjunction on September 13.)

Ohio: September 15, 2010The 5th annual Ohio Guardianship Association Educational Conference

The World Congress on Adult Guardianship Law: October 1 - 4, 2020Organized 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, 2010Hershey, Pennsylvania; www.guardianship.org

2010 Events and State Affiliate Meetings

SAVE THE DATE!

2010 National Conferenceon Guardianship

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