Guardian
LA+ is committed to a meaningful relationship with clients, a relationship that leads, to the fullest extent possible, lives of realized dreams and enriched community experiences.
How is a Guardianship Decided?
A Guardian is appointed by the County Superior Court after a full review by a Court Visitor (formerly known as a Guardian ad Litem) who then recommends the type of Guardianship that is needed, a full or limited Guardianship. The goal of Guardianship/Conservatorship is to protect an individual from exploitation and/or neglect while fostering a life, with as many liberties, intact, as possible. LA+ conducts a regular review of any rights that are removed from the individual when Guardianship is first established as a basis for our recommendation regarding return of various rights. Please see our Vision here.
Can a family member or friend be a “Lay” Guardian?
Yes. The Court prefers the possibility of a family or non-professional “Lay” Guardian.
If a family member or friend(s) prefers Professional Guardianship, how can they stay involved?
LA+ strives to locate and include a Circle of Family and Friends, particularly regarding general support for our client and input regarding key decisions.
When does one choose a Professional Guardian?
Professional Guardians are appointed by the Court in the absence of family members or, if family members prefer not to take on this role, preferring to remain in the role of son, daughter, or sibling. These individuals remain as “persons of interest” and a part of the Circle of Family and Friends.
Persons of interest receive copies of the annual, biennial or triennial reports to the Court and are informed of major changes in the life of their loved one.
Choosing LA+ as Guardian provides an experienced, unbiased decision maker, a voice for the person with significant life challenges, and allows the family to return to enjoying family interactions.
Are all Guardianships the same?
No, Guardianships can include both Guardian and Conservatorships or just one of the above. In addition, Guardianship and/or Conservatorship may be “limited” depending on the Court determined need.
Who appoints Guardians?
Guardians are appointed by the County Superior Court. This appointment occurs after an independent Court Visitor (formerly known as a Guardian ad Litem) has investigated a case and reported to the Court that a person is unable to make specified decisions and / or keep themselves safe from injury or exploitation.
Is Guardianship an “All or Nothing” situation?
Guardianship and/or Conservatorship can be “limited” to specific functions, thus tailoring the Guardianship to honor the abilities of the individual.
Where does LA+ serve as Guardian?
Lifetime Advocacy Plus offers Guardianship services along the central part of the I-5 corridor and Central Washington. Guardians are appointed and monitored by the County Superior Court. Guardian Representatives report to the Court as required.
Who monitors the Guardians?
The County Superior Court does. The Court monitors Guardians through Notice of Change Reports, which are due whenever a substantial change occurs. Through Court monitoring which occurs on a regular basis as determined by the Court.
Guardian Representatives come with a strong background of providing competent decision-making skills and service to people with significant personal challenges. Our staff members as consummate team players, who work on our client’s behalf with a wide range of case providers, medical, residential, vocational and many any others. LA+ also provides regular consultation opportunities with expert volunteers. These volunteers have expertise in such areas as medicine, community and vocational life. Our Guardian Representatives are fully dedicated to assuring that our clients’ voices are heard. We stand shoulder to shoulder. Our Guardian Representatives are fully dedicated to assuring that our client’ voices are heard. We always stand shoulder to shoulder with our clients.
Conservators bring skill in working with family members and professionals throughout the early process of marshalling assets and establishing a funded estate. Conservators are skilled team players with all related professionals. LA+ also provides a committee for financial consultation, comprised of volunteer attorneys and trust officers.
Guardianship and Conservatorship/Trusteeship: Sometimes one individual will have a Guardianship, a Conservatorship and Trust. In that case, the client will have two assigned LA+ staff members, a Guardian Representative and Financial Manager who work seamlessly together.
Do LA+ Guardian Representatives make efforts to establish a warm, friendly relationship?
Relationship is the heart of an LA+ Guardianship/Conservatorship: LA+ meets with each potential client prior to appointment to ascertain compatibility, followed by a minimum of a monthly in-person monitoring visit. Lifetime Advocacy Plus Guardian Representatives remember clients with monthly postcards, birthday cards, holiday cards and gifts. Lifetime Advocacy Plus Guardian Representatives are available 24 hours, seven days per week with a professional after-hours answering service and emergency system to provide safety and support for the client.
What does “Least Restrictive Environment” mean?
It means that each citizen with significant life challenges has the right to live and function in settings that provide the fewest restrictions, while at the same time providing adequate safety. Least restrictive means having access to shops, schools, jobs and activities in the community where each person lives. It means using the least number of medications to assure health, particularly the least psychotropic medications.
What term does the Court use when referring to people with significant life challenges who are under guardianships?
The County Superior Court and legal community refer to people under Guardianship protection as a person “under Guardianship”.
What does “People First” language mean?
People First is an association of people who experience significant life challenges. This group issued a statement about the time that the federal American with Disabilities Act was passed requesting the use of language that responds to the whole person as opposed to language that focuses on just one aspect of the person, i.e. the “disability.” LA+ highly values, and uses, the respectful and normal terms requested by People First.
What term does LA+ use when referring to people served?
We use the word “client” to refer to Guardianship clients we serve.
Staff training and support:
In addition to mandatory training required by the state, further training is provided for the staff members by the agency.
Supervisors and Management provide consultation/support for extraordinary issues that may arise in the life of any individual, whether personal or financial.
Further, LA+ volunteer expert committees regularly provide consultation as needed, in both Guardianship and Conservatorship situations. Staff is knowledgeable in seeking communication with all agencies able to provide services to our clients including, but not limited to the Veterans Administration, Social Security Administration, Department of Social and Health Services, and the Developmental Disabilities Administration.
Staff also, based on an individual’s life, seek out and involve supportive private organizations, such as churches or clubs. Finally, other professionals specific to the account, including guardianship attorneys, tax attorneys, medical/mental health practitioners, residential specialists, behavior specialists and others are hired separately as needed to provide consultation/guidance as situations requiring specialists occur.
How long do Guardian Representatives tend to stay with your agency?
Currently, we have a range of longevity from a minimum of 3 and up to 21 years of service.
Does LA+ authorize any pre-appointment meetings to establish a rapport between the agency representative and the prospective client?
Yes, Lifetime Advocacy Plus Guardian Representatives meet pre-appointment. The purpose of this meeting is to see if a good rapport is present between the agency’s Guardian Representatives and the individual.
What is the LA+ stance toward friends and family members?
Guardian Representatives highly value family and peer relationships and consider these groups to be the individual’s Circle of Family and Friends. These groups are often very helpful in integrating everyone served into their community and often help each individual to achieve, to the fullest extent possible, their dreams.
How soon do agency Guardian Representatives begin to act once appointed?
Guardian Representatives and or Conservator Representatives are present at the Order Appointing and start serving the client immediately. If Trusteeship is required for the individual, the Trust Manager will act immediately upon the Trust receiving funds.
What does LA+ mean by “monitoring visits?”
Guardianship: The monitoring visit refers to, at least, monthly visits. These visits are made by the Guardian Representative who uses a thorough checklist, as well as watching for any other conditions or situations that are observed.
Conservatorship: The Conservator visits real property quarterly to monitor and respond to maintenance and repair needs, unless otherwise specified.
Does LA+ require regular monitoring of the results of DSHS/DDD housing surveys?
The Guardian Representative is required to review the posted license and survey results of all adult family homes, supported living programs and facilities. Further, Guardian Representatives inspect records of routine fire and earthquake drills. They inspect emergency kits that are in the home. Each failure to comply must be reported to LA+ management and appropriate action is always taken to ensure the safety, well-being, and happiness of our clients.
How does the Guardian “keep up” with the health needs of its clients?
The Guardian Representatives attend medical appointments, including any medical issue reviews. They also followed up with communication, as needed, with medical care providers.
Guardian Representatives participate with Care Providers, Medical Practitioners and any related case managers at all assessments and care planning meetings where health is one topic covered.
Guardian Representatives closely monitor health issues at visits.
Health issues are addressed with care providers who are required to report any changes in health to the Guardian Representative.
The LA+ Personal Services and Ethics Committee provides consultation, at a minimum, through yearly reviews and recommendations regarding medical code reviews. Medical Code recommendations then are provided to physicians prior to the Physician Orders for Life-Sustaining Treatment.
Our values regarding health:
Lifetime Advocacy Plus Guardian Representatives always advocate for the lowest effective levels of medications.
Lifetime Advocacy Plus Guardian Representatives seek as necessary, input from the client, physicians, the client’s family and/or other trusted persons, and our Personal Services and Ethics Committee to develop emergency medical treatment plans and end of life decision making.
State required Physicians Orders for Life Sustaining Treatment or POLST forms are reviewed on a regular basis. Every location of POLST form is regularly reviewed with residential care providers. Lifetime Advocacy Plus Guardians of Person are available 24 hours, 7 days a week to provide consent for medical and emergency treatment.
How would anyone reach you in an emergency:
After business hours, calls are coded using the word “Emergency.” For responses needed immediately by hospitals for instance, a call will be forwarded to the appropriate Guardian Representative to assure a rapid response. If the Guardian Representative is not available, the supervisor or colleague who has access to all medical records will respond.
High Quality Teamwork on behalf of LA+ client:
Lifetime Advocacy Plus Guardian Representatives work with the Conservator Representative, Trustee or Representative Payee regarding adequate, seasonally appropriate clothing and personal care items. In addition, staff assure our clients are not approaching resource limits that affect benefits, that they use their funds for their assistive technology or other medical needs and that they save for or fund end of life planning, if such a plan is not fully in place. Monitoring visits include a review of how the client’s individual and personal needs funds are used.
Will the family still be able to help and to advise the family member?
Yes. Lifetime Advocacy Plus honors each client’s wishes and will facilitate input from friends, clergy, physicians and significant others.
What rights will my family member lose?
In the case of a full Guardianship, the following rights are withheld:
to marry, divorce, or enter or end a state registered domestic partnership.
to vote or hold an elected office.
to enter a contract or make or revoke a will.
to appoint someone to act on their behalf.
to sue and be sued other than through a Guardian.
to possess a license to drive; to buy, sell, own, mortgage, or lease property.
to consent to or refuse medical treatment.
to decide who shall provide care and assistance
to make decisions regarding social aspects of your life.
Is there any chance that a person could regain their rights after a Guardianship has been established?
Yes. Lifetime Advocacy Plus Guardian Representatives routinely assess whether an individual has the competency to make some or all the decisions affecting rights that were initially lost. The Guardian Representative then forwards new information to the Court.
How will you know my family member well enough to participate in decision making?
Lifetime Advocacy Plus Guardian Representatives visit the client and spend quality time with them every month. Our Guardian Representatives will interview care providers, review medical and other records, visit at job sites, activity or volunteer programs, and interact with state case workers and others involved in their life, planning, healthcare, housing and benefits. The Guardian Representative will be knowledgeable of whatever issues are a part of the Guardianship—whether having to do with ethnic or religious beliefs, specific significant life challenges or other needs, such as the desire to work.
How will Lifetime Advocacy Plus know if a client is safe and well cared for?
Guardian Representatives are alert to any verbal or non-verbal indication of fear, exploitation or neglect.
Guardian Representatives also consult
We track DSHS surveys on all residential placements.
Guardian Representatives work as a team member with DSHS/DDD case-managers, Social Security Representatives, a wide spectrum of medical, residential and other care providers. LA+ also interacts with the attorney for each client as well as the Superior Court. interacts attorney and as well as the Superior Court.
How will I and other interested family members reach you? What if there is an emergency?
For both, simply call us at (206) 367-8055 for a 24/7 response to any emergency. If your call is received Monday – Friday from 8 A.M. to 12 P.M. or from 1 P.M. to 4 P.M. it is sent to our front desk. All other times the answering service will direct your call to the proper party. It is possible for out-of-state family members to be provided with a regularly scheduled update.