Certified Professional Guardian Board (CPGB)

November 14, 2005

Gil Austin then explained the results of the Public Guardianship survey, and that Chief Justice Alexander has been actively involved in this subject. Gil explained the process the proposal has taken with the BJA and SCJA.

Professor Schmidt shared that there is an unmet need for incapacitated individuals who have no money and no family able to meet their guardianship needs.  Public Guardianship does not currently exist in Washington.  Guardianships are the purview of the superior courts in each county.

Hank Hibbard noted that public guardianship could serve as a preventative measure to end the revolving door process for the mentally ill being shuffled between mental hospitals and society.

Mike Longyear referenced the WSBA Elder Law Section report on Public Guardianships and noted that the report is available on the Section’s website.  Winsor Schmidt pointed out that there is a proposal for legislative action on this subject.

John Jardine expressed a desire to have Peter Greenfield from Columbia Legal Services, Chair of the Public Guardianship Task Force, come to our January meeting to discuss public guardianships. Commissioner Aronow echoed that desire.

The Board went into executive session.

The Board went back into open session.

Board Business

Commissioner Aronow shared that the vacant Board positions have been filled.  Present were Commissioner Kimberley Prochnau, Suzanne Thompson Wininger, and Sharon York.  They shared information about their experience and expertise and that they were excited about being on the Board.  Judge Chris Wickham had another appointment but will join the December phone conference.

Commissioner Aronow asked Suzanne Thompson Wininger to give a presentation on the DSHS APS program at the January 2006 Board meeting

Committee Reports

Budget Committee - Commissioner Aronow explained that the Board receives approximately $44,000 from the annual fees, there is $20,000 in reserve to cover any legal action, and assured the Board that there would be enough money to cover another retreat this summer.  Board members are asked to have reviewed their calendars and be ready to discuss dates during the December phone conference.

Commissioner Aronow will explore the availability of pro tem funding for court commissioners with Judge Hogan.

Certification Committee - Following is the list of applicants who were reviewed for certification as professional guardians and the disposition of their applications.

Carole J. Allenbaugh - Recommendation to approve by Certification Committee.  Motion to approve was made and seconded.  Approved.

Sharon L. Bradford - Recommendation to approve by Certification Committee.  Motion to approve was made and seconded.  Approved.

Lonnie Burns - Additional information provided by the applicant was reviewed.  Motion to approve was made and seconded.  Suzanne Thompson Wininger abstained.  Denied.

Karen A. Clark - Ms. Clark had taken the Mandatory Training more than a year ago.  Motion was made and seconded to approve certification pending completion of mandatory training to be held March 30 & 31, 2006.  Upon completion she is Approved.

Carol D. Cowling - Recommendation to approve by Certification Committee.  Motion to approve was made and seconded.  Approved.

Julie A. Crawford - Recommendation to approve by Certification Committee.  Motion to approve was made and seconded.  Approved.

Alan J. Frey - Recommendation to approve by Certification Committee.  Motion to approve was made and seconded.  Approved.

Jana L. Hudson - No recommendation from the Certification Committee.  Motion to approve was made and seconded.  Mike Longyear, Lori Petersen and Winsor Schmidt abstained.  Denied.

Board moved to Executive Session.

Board moved out of Executive Session.

Certification Committee continued

LaVonna L. James - Recommendation to approve by Certification Committee.  Motion to approve was made and seconded.  Suzanne Thompson Wininger abstained.  Approved.

Belinda S. Leavitt - Recommendation to approve by Certification Committee.  Motion to approve was made and seconded.  Approved.

Leisa M. Lieder - Recommendation to approve by Certification Committee.  Motion to approve was made and seconded.  Approved.

Cheryl A. Marshall - No recommendation from the Certification Committee.  Motion to approve was made and seconded.  Mike Longyear abstained.  Denied.

Heather W. Merry - No recommendation from the Certification Committee.  Motion to approve was made and seconded.  Mike Longyear abstained.  Denied.

Robin R. Myers - Recommendation to approve by Certification Committee.  Motion to approve was made and seconded.  Approved.

Jennifer L. Owen - No recommendation from the Certification Committee.  Motion to approve was made and seconded.  Suzanne Thompson Wininger abstained  Approved.

Steven G. Posalski - Recommendation to approve by Certification Committee.  Motion to approve was made and seconded.  Approved.

S. Frances Robbins - Recommendation to approve by Certification Committee.  Motion to approve was made and seconded.  Approved.

Susan G. Roberts - Recommendation to approve by Certification Committee.  Motion to approve was made and seconded.  Approved.

Annette S. Rumsey - Recommendation to approve by Certification Committee.  Motion to approve was made and seconded.  Approved.

Keegan C. Sawyers - Recommendation to approve by Certification Committee.  Motion to approve was made and seconded.  Judge Haberly and Suzanne Thompson Wininger abstained.  Denied.

Amy B. Swenson - Recommendation to approve by Certification Committee.  Motion to approve was made and seconded.  Tom O’Brien abstained.  Approved.

Stana Triplett - Recommendation to approve by Certification Committee.  Motion to approve was made and seconded.  Suzanne Thompson Wininger abstained.  Denied.

Stacy S. Tucker - Recommendation to approve by Certification Committee.  Motion to approve was made and seconded.  Suzanne Thompson Wininger and Sharon York abstained.  Approved.

Julie L. Watling - Recommendation to approve by Certification Committee.  Motion to approve was made and seconded.  Approved.

Elaine H. Werb - Recommendation to approve by Certification Committee.  Motion to approve was made and seconded.  Approved.

The following were motions to accept Voluntary Resignations.  Affidavits were submitted for each.  Motion to approve was made and seconded.  Approved.

·      LeeAnn Criswell

·      Guardianship Services of the South Sound, Tom O’Brien abstained

·      Gary E. Moon

Board decided that applicants, who are asked to show an ability to be bonded, should request a bond of $18,000. 

Board reviewed the revised application prepared by Ray Dingfield.  The following changes were discussed.

·      A notation will be made that degree verification should be sent directly to the AOC from the institution.

·      It was also decided that it was no longer necessary for attorney applicants to submit the $30 fee for the Bar Association to verify they have no complaints, etc., since that information is available on the internet. 

·      Suzanne Thompson Wininger suggested that language be added to the application addressing a finding of abuse to vulnerable adults or children, by a state agency or court.  She made a motion to approve the application as amended while reserving the issue of vulnerable adults and children. Appropriate language will be prepared and voted on at a later meeting.

There was a motion to amend regulations to increase the application fee to $80. The motion included a request that the fee change immediately and that it automatically increase each time the State Patrol increases its charges.  This motion was seconded and carried.  An emergency was declared to amend the applications immediately.  Commissioner Aronow asked that the regulations be reviewed and amended to include the automatic increase in fee.

Education Committee - The 2006 Mandatory training will be held March 30 and 31, 2006, in Seattle.  The Education Committees will write a new RFP for Board approval at the December phone conference.

Education Committee presented a proposed amendment to the continuing education regulation. Proposed amendment will allow credits to be applied more generally. Board decided to post the amendment for comment for 20 days and then vote on it at the December meeting. The amendment will apply to 2005 CEU if AOC can adjust the computer program to make the necessary calculations.

Ethics Committee – The Committee has started to review the Standby Guardian language drafted by John Jardine.  It was moved and seconded that this section should be included in the SOPC in 401.17.  Motion approved.

The Committee is also working on an Ethics Opinion as a guideline for guardians on records retention; guidelines for guardians to petition for appointment; guardian’s responsibility in delegating assigned responsibility and the CPGs responsibility to supervise; and marshalling of assets. These topics and one more will be on the January agenda.

John Jardine spoke of changes to Regulation 117 regarding financial responsibility which was originally proposed by the Provisional Board and has a possible impact on the practice of professional guardians.  The need for this regulation is due to the considerable amount of risk to vulnerable persons from financial mismanagement by a guardian.  It is estimated that the cost to the CPG for this type of coverage is $2,500 to $3,000 per year.  The proposal calls for a minimum Errors & Omissions policy of $500,000, which could be increased.  The alternative is for the CPG to provide personal assets of this amount, and have a personal bond or a fidelity bond of $500,000.  Provision 117.2(a) allows for an exemption for guardians with fewer than 25 cases or less than $500,000 in total guardian assets under management.

117.2(b) Lynne Alfasso recommended requiring an audited financial statement by the guardian as to their assets. 

Public Information Committee – Commissioner Aronow, reporting for Judge Hogan, stated that the AOC is drafting some proposed changes to the Board’s regulation regarding public disclosure...

Rules Committee – The Continuing Education Regulation should be renumbered to reflect recent updates.

SOP Committee - Reported that there are four review panels and one or two review panels pending appointment.

Old Business – None

New Business – The Board was notified that 28 individuals and agencies are pending decertification for failure to pay dues.

2005 Annual Report - Shirley Bondon will ask for Committee Chair’s summary reports to include in the annual report.

Committee Assignments - Members are asked to have their requests ready for the December 12 conference call.

2006 Board Calendar - Commissioner Aronow called the Board’s attention to the annual calendar of events.

Commissioner Aronow adjourned the meeting.

Respectfully Submitted