	Adult Guardianship

Introduction

Administration and Management

Service Delivery Administration Standards

Service Standards

AG 3: Screening and Intake

The organization screens individuals promptly and responsively to:

ensure the appropriateness of the guardianship arrangement; and
determine whether or not the organization has the capacity to take on the case.

Update: Revised Standard, Deleted NA - 06/01/10

AG 3 Original Standard and NA:

The organization screens individuals promptly and responsively to:

ensure the appropriateness of guardianship; and
determine whether or not the organization has the capacity to take on the case.

NA The organization is required, under contract, to accept all referrals.

AG 3.01

Individuals are evaluated at intake to ensure that:

guardianship is the least restrictive alternative that will still effectively meet the individual's needs;
the level of guardianship is appropriate to the individual's assessed capacity; and
there is no appropriate family member or friend who could assume the guardianship role.

Update: Revised Standard, Revised Interpretation - 06/01/10

AG 3.01 Original Standard and Interpretation:

Individuals are screened at intake to ensure that:

guardianship is the least restrictive alternative that will still effectively meet the individual's needs; and
there is no appropriate family member or friend who could assume the guardianship role.

Interpretation: An organization should be seen as the guardian of last resort; meaning, an organization should only be appointed as the guardian of an individual when it has been determined that no family member or friend is willing, able, or suitable to act as guardian.

Interpretation: Although the court will have made the initial determination regarding the appropriateness of guardianship, the organization should still conduct its own evaluation of whether the level and type of guardianship is appropriate, and whether there are less restrictive alternatives that would meet the individual’s needs. If the court has erred or missed pertinent information, the organization can return to the court, request a less restrictive appointment, and suggest possible alternatives to guardianship. Examples of possible alternatives include, but are not limited to: powers of attorney, representative payee programs, support services provided by community providers, and informal support systems.

An organization should be seen as the guardian of last resort; meaning, an organization should only be appointed as the guardian of an individual when it has been determined that no family member or friend is willing, able, or suitable to act as guardian.

AG 3.02

When determining its capacity to serve as guardian, the organization considers the:

organization's established staff-to-client ratio and current staff workload;
appropriateness of the court order; and
qualifications and skill level of staff.

Update: Revised Standard, Added Note, Deleted Interpretation, Deleted Research Note - 12/01/11

AG 3.02 Original Standard, Interpretation and Research Note:

When determining its capacity to serve as guardian, the organization considers the:

current staff to client ratio;
complexity of the case;
appropriateness of the court order; and
qualifications and skill level of staff.

Interpretation: Generally speaking, the staff to client ratio should not exceed 1:20 to eliminate situations in which there is little to no service being provided to an individual. When an organization assigns teams of professionals to carry out different responsibilities for each case, all full-time, professional staff may be counted when determining the staff-to-client ratio. When an organization does not meet the 1:20 standard, it should be able to demonstrate how it ensures appropriate, high quality care is being provided to each client, as well as steps that have been taken to increase the staff to client ratio. Options for increasing ratios can include hiring additional staff, refusing to take-on new guardianship cases, drawing upon outside case management resources, or using certified volunteer guardians.

Research Note: Public guardianship programs are historically understaffed and under-funded and data suggests that the average ratio of staff to clients is 1:36. However, a recent national study of public guardianship programs found that higher staff to client ratios were associated with better outcomes and recommended that ratios not exceed 1:20. In some instances, law may require even higher ratios such as the Uniform Veterans Guardianship Act, which requires a 1:5 ratio when serving as guardian of veterans.

Note: See AG 7.02 for more information on staff-to-client ratios and establishing appropriate workloads.

AG 3.03

When the organization determines it does not have the capacity to serve as an individual’s guardian, the individual is connected to a more appropriate service system or resource.

Update: Added Standard, Added Interpretation - 06/01/10

Added Standard and Interpretation

Interpretation: For example, an organization might not have the capacity to serve as an individual’s guardian if the initial referral was inappropriate (e.g., because the individual in question has particular health needs that the organization is not equipped to accommodate).

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	PURPOSE: Individuals who receive guardianship services maintain a level of independence and self-determination appropriate to their functional capacity, and are at minimized risk of abuse, neglect, or exploitation.

RELATED FILES


	SERVICE One or more organization-operated programs or activities that have a common general objective and deploy the organization's material and human resources in a planned and systematic manner. An organization that publicly promotes or identifies itself in writing as offering a service, is licensed to deliver a service, assigns personnel and/or space to a service, or allocates financial resources to a service is considered to offer that service.


	SCREEN A preliminary test administered to a client to determine whether he/she meets eligibility criteria for the services offered by an organization.


	APPROPRIATENESS The degree to which a particular service, placement, treatment, intervention, or activity is: best suited to an individual's needs; not excessive, unduly intrusive, or restrictive; anticipated to be effective in achieving the desired and specified outcomes; and adequate or sufficient in quantity to address the problem.


	CASE A general term used to designate clients (including individuals, families, and groups) served by an organization for purposes of monitoring the provision of services. A foster care case is generally based on the placement of an individual child, although casework for the child may include services to the child's family. A child protective services case is based on an entire family household if a family assessment model is used; otherwise a case is defined as a child.