Standards for private organizations

2020 Edition

Adult Guardianship (AG) 6: Guardian of the Person

The guardian of the person:
  1. honors the wishes of the individual to the greatest extent possible;
  2. makes informed decisions on behalf of the individual;
  3. promotes improved quality of life and continued development of capabilities; and
  4. monitors the quality and appropriateness of direct services as needed.
NA The organization acts as guardian of the estate only.
2020 Edition

Currently viewing: ADULT GUARDIANSHIP (AG)

VIEW THE STANDARDS

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.
1
All elements or requirements outlined in the standard are evident in practice, as indicated by full implementation of the practices outlined in the Practice Standards.
2
Practices are basically sound but there is room for improvement, as noted in the ratings for the Practice Standards; e.g.,
  • Minor inconsistencies and not yet fully developed practices are noted; however, these do not significantly impact service quality; or
  • Procedures need strengthening; or
  • With few exceptions, procedures are understood by staff and are being used; or
  • For the most part, established timeframes are met; or
  • Proper documentation is the norm and any issues with individual staff members are being addressed through performance evaluations and training; or
  • Active client participation occurs to a considerable extent.
3
Practice requires significant improvement, as noted in the ratings for the Practice Standards. Service quality or program functioning may be compromised; e.g.,
  • Procedures and/or case record documentation need significant strengthening; or
  • Procedures are not well-understood or used appropriately; or
  • Timeframes are often missed; or
  • Several client records are missing important information; or
  • Client participation is inconsistent. 
4
Implementation of the standard is minimal or there is no evidence of implementation at all, as noted in the ratings for the Practice Standards; e.g.,
  • No written procedures, or procedures are clearly inadequate or not being used; or 
  • Documentation is routinely incomplete and/or missing.      
Self-Study EvidenceOn-Site EvidenceOn-Site Activities
  • Procedures for ethical decision-making
  • Service monitoring procedures
  • Community resource and referral list
  • Interviews may include:
    1. Program director
    2. Relevant personnel
    3. Persons served
  • Review case records

 

AG 6.01

The individual participates in personal decision-making to the greatest extent possible given his or her assessed capacity for decision-making and subject to the court order.

 
Fundamental Practice

AG 6.02

The organization has established procedures for ethical decision-making that include the consideration of:
  1. available options;
  2. how each option can support the achievement of desired outcomes;
  3. risks and benefits of each option;
  4. the expressed wishes of the individual as appropriate and subject to the court order;
  5. input from involved parties as appropriate; and
  6. the court order outlining their decision-making authority.
Examples: The guardian can determine the individual’s wishes by considering how the individual has made similar decisions in the past, verbal and non-verbal indicators of preference, or written documentation of the individual’s expressed wishes, such as advance directives that were developed prior to the individual’s loss of decision-making capacity. 
 
Examples: Involved parties can include close friends and family, doctors, internal ethics committees, the court, attorneys, or religious leaders. 

 

AG 6.03

To ensure compliance with previously established advance directives, guardianship workers:
  1. provide copies to relevant medical and/or psychiatric service providers; and
  2. store copies in a safe and accessible location.

 
Fundamental Practice

AG 6.04

Improved quality of life and increased capacity are promoted by:
  1. encouraging relationships and a sense of connectedness;
  2. identifying services and supports that will promote continued growth and improved capacity;
  3. helping the individual to develop a sense of value or purpose; and
  4. regularly re-assessing the individual’s capacity and pursuing termination of guardianship or a change to the court order as appropriate.

 

AG 6.05

The guardianship worker works with, or on behalf of, the individual to:
  1. arrange for needed or requested services as identified in the guardianship plan;
  2. monitor the quality and appropriateness of services; and
  3. facilitate the initiation or termination of services as appropriate.

Interpretation

The guardian should tailor the type and frequency of service monitoring according to the requirements of the court order, the needs of the individual, frequency and intensity of the services being provided, and frequency of contact with informal caregivers and cooperating providers. 

 

AG 6.06

The guardianship worker monitors the quality and appropriateness of services by:
  1. directly communicating with current service providers;
  2. attending case conferences as appropriate;
  3. observing the effectiveness of services through regular contact with the individual; and
  4. participating in direct-service planning teams with outside providers.

 
Fundamental Practice

AG 6.07

The organization ensures each Individual has an emergency response plan that includes, as appropriate:
developing food or emergency kits;
  1. awareness of evacuation procedures at residential facilities where the individual resides;
  2. conducting emergency drills as needed;
  3. inclusion in local or state-wide emergency plans or evacuations; and
  4. search and rescue procedures for individuals with a history of wandering.