Presentation on theme: "John Fillbrandt Minnesota Department of Human Services June 21, 20110"— Presentation transcript:
1 John Fillbrandt Minnesota Department of Human Services June 21, 20110 Public GuardianshipJohn FillbrandtMinnesota Department ofHuman ServicesJune 21, 20110
2 History and Background 1917 – Mental Retardation Guardianship ActState Schools - Hospitals
3 History and Background Current Demographics:Approximately 2300 Wardsin Minnesota,Some dating back to 1920’sPublic vs Private Guardianship
4 Authorities General Law by Reference: Minnesota Statutes 524.5 Minnesota Statutes 252A.01 to 252A.21Minnesota Rules toGeneral Law by Reference:Minnesota Statutes 524.5
5 Political Correctness Persons areDevelopmentally Disabled
6 Legal TermsGuardianGuardian ad litemConservatorPower of Attorney
7 Who is a Guardianship Candidate? “The person is an adult with mental retardation and impaired to the extent of lacking sufficient understanding or capacity to make or communicate responsible personal decisions, and who has demonstrated deficits in behavior which evidence an inability to meet personal needs for health and safety.”
8 CANDIDATESThe person is in need of the supervision and protection of a guardian.That no appropriate alternatives to public guardianship exists that would be less restrictive of the person’s civil rights and liberties.
9 POWERS“The duty and power to exercise supervisory authority over the ward in a manner that limits civil rights and restricts personal freedom only to the extent necessary to provide needed care and services.”
11 Non-Delegated Powers Consent for DNR-DNI Consent to Limit Medical Treatment (LMT)Participation in Research
12 Non-Delegated Powers Consent for Electro-convulsive Therapy SterilizationPsychosurgery
13 Delegated POWERSGeneral. Except as otherwise provided in this section, sections and , apply to the powers and duties of a public guardian.
14 Delegated POWERS Determine Place of Residence Give necessary consent for medical or other care* (see non-delegated powers)Approve or withhold approval of contracts (marriage)
15 Delegated POWERS Consent to use Aversive or Deprivation Procedures Consent to use Psychotropic MedicationsConsent to be Photographed or FilmedConsent to Release Information
16 Delegated PowersAdditional powers.In addition to the powers contained in sections and , the powers of a public guardian that the court may grant include:
17 Delegated Powersthe power to permit or withhold permission for the ward to marry;the power to begin legal action or defend against legal action in the name of the ward; andthe power to consent to the adoption of the ward (MS , subd 3)
18 DUTIES Visit ward at least twice a year Take actions to maximize independent functioning and personal freedomConsult with familySubmit Annual Review
19 Around ward’s birthday Annual ReviewAround ward’s birthdayA. physical adjustment and progress;B. mental adjustment and progress;C. social adjustment and progress; andD. legal status based on A to C.
20 Duties Separation of Roles of Case Manager – Guardian Best-Interest Decisions for Ward
21 What does it mean to make Best-Interest Decisions for someone? ETHICSWhat does it mean to make Best-Interest Decisions for someone?
22 Special Problems Associations: Independence vs Risk Family Involvement ConservatorshipAssets, Estates,
23 Darlene Luther Anatomical Gifts Act End-of-LifeDo Not Resuscitate-Do Not IntubateLimited Medical Treatment –advance directives, hospiceOrgan Donation –Minnesota Statutes 525A.01Darlene Luther Anatomical Gifts Act
24 End-of-LifeCare of RemainsCremationBurial Customs
25 Contact John Fillbrandt 651-431-2441 John.Fillbrandt@state.mn.us FaxDepartment of Human ServicesPO Box 64967St. Paul Minnesota