The Florida Bar: Measure Would Have Courts Prioritize 'Supported Decision Making' When Appointing Guardians for People with Developmental Disabilities

by Jim Ash

Courts would have to consider “supported decision making” before appointing a guardian for people with developmental disabilities under a bipartisan measure that is moving through the Legislature.

The Senate Children, Families and Elder Affairs Committee voted unanimously January 17 to approve SB 446 by Sen. Corey Simon, R-Tallahassee. Rep. Allison Tant, D-Tallahassee, is sponsoring the companion, HB 73.

“This bill is a great bill, it really restores the rights of those folks with disabilities, giving them a voice as to their needs,” Simon told the committee. “I ask for your favorable support.”

In weighing the appointment of a guardian, a court would be required to consider the person’s “ability to independently exercise his or her rights with appropriate assistance,” according to the bill. The bill defines supportive decision making as “an agreement in which the power of attorney grants an agent the authority to receive information and to communicate on behalf of the principle without granting the agent the authority to bind or act on behalf of the principle in any subject matter.”

The bill makes it clear that a supportive decision-making agreement is “not a durable power of attorney.”

Simon told the committee the bill would also make it easier for people with developmental disabilities to have their rights restored.

“It expands the rights of those seeking restoration of capacity to include whether or not the individual is capable of independently exercising his or her rights, to make those decisions with appropriate assistance,” Simon said.

Simon said another provision would add supportive decision making “to the list of resources provided to students with disabilities aged 18-22, still in school, whose parents want to continue to be involved in their education-making decisions.”

According to a staff analysis, the measure has the potential to “reduce costs to the court system for guardianship and guardian advocate proceedings to the extent that those proceedings are replaced by supported decision-making agreements.”

Disability Rights Florida, ARC, and the Florida Smart Justice Alliance support the bill.

SB 446 cleared Judiciary 9-0 on January 9. It faces one more hearing in Rules before reaching the Senate floor.

HB 73 cleared the Children, Families & Seniors Subcommittee 15-0 in November. It faces hearings in the Civil Justice Subcommittee and the Health & Human Services Committee.

Source:
The Florida Bar: MEASURE WOULD HAVE COURTS PRIORITIZE ‘SUPPORTED DECISION MAKING’ WHEN APPOINTING GUARDIANS FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES

Guardians Needed

The need for legal guardians for people with disabilities and for the elderly is on its way to a crisis point, with more than 100 people who once lived in the Fort Wayne State Developmental Center or another state institution on a state-funded guardianship program waiting list. Add to that the number of young adults with disabilities each year who reach 18 and must have a court-appointed guardian.

The nonprofit Volunteer Lawyer Program of Northeast Indiana and Easter Seals Arc are hosting a free informational meeting at the Allen County Public Library for parents and caregivers of teens or adult children with disabilities. It is an educational outreach of VLP's Volunteer Advocates for Seniors and Incapacitated Adults, which finds volunteer guardians for adults with no family or friends able or willing to oversee services such as housing or health care. A guardian of the estate may also be appointed.

Although Tuesday's forum is targeted at families with adult or soon-to-be adult children with disabilities, training for volunteer guardians for older adults and others through VLP-VASIA will be offered later this year. In some cases, an incapacitated person may have medical or other urgent issues requiring intervention but even when family is found, “They will not step up because they're afraid of being financially responsible,” said attorney Catherine Christoff with Christoff & Christoff, also active with VLP-VASIA.

Although no one denies the guardianship need is significant, just how serious of a problem it is remains uncertain, said Julie Cameron, coordinator of Mental Health in America in Allen County's Adult Guardianship Services. There is no good tracking in Indiana's public or private guardianship programs of how many people on waiting lists may die before a guardian is found or perhaps a distant relative accepts the role. The guardianship process needs to be deliberate and taken very seriously, Houk said, noting “We're talking about suspending people's civil rights. It's important there are barriers.”

Full Article and Source:
Needed: Guardians for Indiana's disabled, elderly

Arc Workshop

The Arc of Schuyler County will host an informational workshop on special needs trusts and guardianship services on June 13 at its facility at 210 Twelfth St. in Watkins Glen.

Registration begins at 8:45 a.m., and the workshop will run from 9:30 a.m. to 2 p.m.

Marcie Finlay, an attorney with Blumkin, Finlay and Bixler in Tompkins County, will lead the program “Overview of Wills, Estate Planning, Guardianship and Future Planning.”

Heidi Flatt, associate executive director of trust services at NYSARC Inc., will offer “Trust Planning and the NYSARC Trust.”

The workshop is geared towards parents and family members caring for people with special needs, but will also be useful for professionals who work with people with developmental disabilities or the elderly and to attorneys who assist families dealing with these issues, the release says.

Lunch will be provided. To reserve a seat, contact Lisa Crouch at (607) 535-6934 or lcrouch@arcofschuyler.org by June 10.

For more information: http://www.arcofschuyler.org/

Full Article and Source:
Schuyler Arc to host guardianship, estate workshop

Forum on the Ins and Outs of Guardianship

Easter Seals Arc and the Volunteer Lawyer Program of Northeast Indiana are working together to host an informational forum on the ins and outs of guardianships in relation to those with special needs. This event will be held in the meeting rooms of the Allen County Public Library, in downtown Fort Wayne, on Tuesday, June 16, from 6 – 7:30 p.m. There is no cost to attend.

The purpose of this forum is to address a growing need to educate both parents and caregivers about the complex and sometimes frustrating facets of guardianships in relation to special needs, and to inform them of individuals and agencies that can help to provide the support they need. Attendees will become familiar with:

• Why parents sometimes need to establish guardianship of their children
• Power of Attorney (POA)/Healthcare Representation vs. Guardianship
• The legal process
• What is a Guardian Ad Litem
• Roles and responsibilities of being a guardian

There will also be a question and answer period featuring Magistrate Phillip Houk; Allen County Superior Court, Attorney Stephen P. Griebel; Van Gilder & Trzynka, Attorney Catherine S. Christoff; Christoff & Christoff, and Julie Cameron; National Certified Guardian and President of the Indiana State Guardianship Association.

Full Article and Source:
Easter Seals Arc to host guardianship forum

Arc Guardianship Seminar

Four speakers will address the topic of guardianship at The Arc/Rowan's monthly seminar on Tuesday, April 21.

Rowan County Clerk of Court Jeff Barger will speak along with attorney Douglas Smith and guardians Lori and Dean Ewart. The information to be presented is important for any family affected by developmental disabilities.

The seminar is free and will be held at the Easter Seals office at 620 W. Innes St. from 7 to 8:30 p.m. It is also an opportunity for teachers to earn CEU credits.

Anyone planning to attend is asked to call The Arc/Rowan office at 704-637-1521.

Source:
Guardianship to be topic at Arc meeting April 21

Rethinking Guardianship

A free program on 'Rethinking Guardianship' for people with developmental disabilities will be from 8:30 to 11:30 a.m. Jan. 22 in Sebring and the same hours Jan. 23 in Highland City.

Dohn Hoyle, executive director for The Arc Michigan, will teach the program.

The program, sponsored by the Area 14 Family Care Council, is open to teachers, administrators, support staff, parents, guardians of students with developmental disabilities and others who are interested.

It will include discussion of current methodologies that may eliminate the need for guardianships.

Full Article and Source:
Guardianship Program to Be Held

Guardianship Workshop

A workshop will be held Jan. 23 from 8 to 11:30 a.m. on the subject of guardianship.

Dohn Hoyle, executive director of The Arc Michigan, a state organization on developmental disabilities, will discuss reasons people have sought guardianship and current methodologies that may eliminate the need for guardianship.

This workshop will be held at the Jim Miles Professional Development Center, 5204 U.S. Highway 98 S. in Lakeland. Call 863-647-4258 for details.

Source: Local News Brief - Two special-needs workshops coming up