Survey of practices of professional guardians for residents of licensed, long term care facilities

Brad Geller

Michigan Center for Law and Aging january 16, 2017

There are approximately 300 professional guardians in Michigan. A number of them are responsible for l00 or more individuals. Some may serve as both guardian and conservator

Professional guardians are nor regulated by the state. There are no education, training or staffing requirements, and no "caseload" limits.

Since there are no reporting requirements we know very little about professional guardians. For example there are no data on the number of -

  • individuals in the state who have a professional guardian
  • residents in licensed long term care facilities who have a professional guardian
  • residents of licensed long term care facilities who have a family guardian

Just as serious, we have little information on the practices of professional guardians.

The purpose of this survey is to collect anecdotal evidence of professional guardians and conservators who are -

  • not fulfilling their statutory duties, or
  • unduly restricting individuals beyond the scope of their powers, or
  • financially exploiting individuals.

Ombudsman, waiver agents, area agencies on aging, community mental health staff and other advocates are in the best position to know about these practices.

This information gathering is ground breaking; it has never been attempted in this state.

Please check the lines to indicate if you have had any direct experience with these issues. You may indicate details in the space provided, including the number of times you have come across the practice.

Please do not include the names of clients, professional guardians or the long term care facility in which the client resides.

A. Situs of care

1. ____"Placing" individuals in unlicensed "board and care" homes

______

______

2. ____Moving individual out of the county where the resident has resided

______

______

3. ____Concentrating individuals in certain nursing homes

______

______

4. ____Preventing qualified individuals from moving out of a nursing home under the waiver program or home help program

______

______

B. Medical issues

5. ____Failing to arrange for needed medical services, e.g., cataract operation, dentures, eyeglasses, wheelchair

______

______

6. ____Failing to apply for Medicaid or submitting an incomplete application

______

______

7. ____ Failing to attend case conferences

______

______

8. ____Authorizing psychotropic medication as a matter of course without discussing intended effect, dosage, possible side effects and alternatives with the attending physician

______

______

9. ____ Signing a DNR order or a POST document without attempting to communicate with the individual and/or informing the individual of the individual's right to revokethe documents at any time

______

______

10. ____Refusing to authorize hospice for any individual, regardless of the individual's wishes and needs

______

______

C. Quality of life

11. ____Failing to purchase shoes, clothing or other necessities

______

______

12. ____Failing to arrange for activities or services or to allow the individual to participate

______

______

13. ____Prohibiting or severely limiting visitors, use of the mail or telephone

______

______

14. ____Restricting the practice an individual's religion

______

______

D. Visits and annual reports

15. ____Failure to make required visits each three months

______

______

16. ____ "Insubstantial" visits, e.g., peeking one's head in the door and merely asking if everything is ok

______

______

17. ____Filing an incomplete or inaccurate annual report to the court

______

______

E. Financial Issues

18. ____ Using patient pay for "administrative costs" or other impermissible purpose

______

______

19. ____Filing an incomplete inventory or account
______

20. ____Selling off or otherwise disposing of personal property, e.g., home furnishings, books, family photographs or other sentimental belongings

______

______

21. ____Selling a home when the individual wishes to return home

______

______

22. ____Charging inordinate attorney fees in addition tofiduciary fees

______

F. Modification or Termination

23. ____Failing to petitionfor termination of the guardianship when an individual recovers from a stroke or accident

______

______

24. ____Without cause, contesting an individual's petition for termination due to changed circumstances

______

______

25. ____Without cause, contesting a petition to modify a guardianship to name a willing and suitable family member or friend as a successor guardian

______

______

Please use the space below to point out other practices of professional guardians or conservators you feel violate the statutory duties and responsibilities of a guardian or conservator, the civil rights of individuals, or rights of residents under federal and state law.

______

______

______

______

______

______

______

______

______

.