Colorado Office of Public Guardianship DFC presentation 03

Colorado Office of Public Guardianship DFC presentation 03. 11. 2020

Colorado Office of Public Guardianship • OPG Commission established – 07. 2017 • Funded by donations, grants, gifts • Appropriation & extension to 12. 31. 2023 • Limited to 2 nd Judicial District • Director Report to General Assembly due by 01. 2023 • Probate, civil court fees to OPG General Fund

Eligibility • • • Resident of Denver County* Adult Indigent Incapacitated No responsible family or friends who are available and appropriate to serve as guardian • Not subject to an APS guardianship petition

Public Guardianship Services • • • Legal decision-making authority depends on court determination Housing/placement State and Federal Benefits Medical and health care Least restrictive and person-centered planning No financial services

Colorado Office of Public Guardianship • 4 Public Guardians (PG) • 1 Staff Assistant • Tentative plan to accept referrals by the end of March 2020 • Policies ratified by OPG Commission • CMS, web site considerations • Eventually, a caseload of approximately 20 clients per PG

Referral Process • Online referral process through CO OPG website and by phone. Must refer PRIOR to filing petition: https: //colorado-opg. net or 303. 606. 2500 • • • Registration Demographic information Income & benefits information Incapacity information, evaluation & medical documentation Family or friend availability or appropriateness information Petition and other pending court cases

Expectations of Referrals • Attorney filing the petition • Individual (pro se) or entity filing the petition • Incapacity: • Intellectual Disability/Developmental Disability • Cognitive impairment • Significant mental health issue • Substance abuse issue • Data: Concern with number of referrals decreasing once OPG reaches caseload availability • Data: Streamlined process for “outside of Denver County” referrals

Director Report – 01. 2023 • • C. R. S. § 13 -94 -105 Stakeholder Engagement Plan/Stakeholder Advisory Panel Quantify CO’s unmet need for public guardianship services Quantify the average annual cost of providing guardianship services • Quantify the net cost or benefit, if any, to the state that may result from the provision of guardianship services • Identify any notable efficiencies and obstacles that the office incurred

Director Report – 01. 2023 • Assess whether an independent statewide OPG or a nonprofit agency is preferable and feasible • Analyze cost and off-setting savings to the state from delivery of services • Provide uniform and consistent data elements regarding service delivery • Assess funding models and viable funding sources for an independent OPG or nonprofit agency • Strategy for discontinuation

Guardianship Standards of Practice • National Guardianship Association https: //www. guardianship. org/ • Standards for Agencies and Programs Providing Guardianship Services • Ethical Principles • Standards of Practice • Center for Guardianship Certification https: //guardianshipcert. org/

NGA Ethical Principles 1. A guardian treats the person with dignity. (Standard 3) 2. A guardian involves the person to the greatest extent possible in all decision making. (Standard 9) 3. A guardian selects the option that places the least restrictions on the person’s freedom and rights. (Standard 8) 4. A guardian identifies and advocates for the person’s goals, needs, and preferences. (Standard 7) 5. A guardian maximizes the self-reliance and independence of the person. (Standard 9) 6. A guardian keeps confidential the affairs of the person. (Standard 11) 7. A guardian avoids conflicts of interest and self-dealing. (Standard 16) 8. A guardian complies with all laws and court orders. (Standard 2) 9. A guardian manages all financial matters carefully. (Standard 18) 10. A guardian respects that the money and property being managed belong to the person. (Standard 17) The term “guardian” includes all court-appointed fiduciaries.

Best Practices üIndividualized Guardianship Plan üPerson-Centered Planning üLeast restrictive alternatives

Informed Consent & Standards for Decision-Making ü Informed Consent ü Limits pursuant to § C. R. S. 15 -14 -316 (4) ü Emergency Exceptions ü Standards for Decision-Making ü Surrogate Decision-Making ü Substituted Judgment ü Best Interest

Colorado OPG contact information • Phone #: 303. 606. 2500 • Email: Info@Colorado-opg. org • Web site: https: //colorado-opg. org • Register • Sign up for CO OPG Inside Look publication and email notices • Sophia M. Alvarez: sophia. alvarez@Colorado-opg. org