Certified Professional Guardian Board (CPGB)
June 23, 2007 Day Two Retreat
June 23, 2007, Port Ludlow, WA
Chair: Judge Vicki Hogan
Vice-Chair: Judge Marywave Van Deren
Ree Ah Bloedow
Dr. Ruth Craven
Judge M. Karlynn Haberly
Commissioner Kimberley Prochnau
Professor Winsor Schmidt
Judge Chris Wickham
Suzanne Thompson Wininger
Elizabeth Turner (excused)
Call to Order
The Saturday meeting was called to order at 9:00 a.m. by Judge Vicki Hogan.
A motion was made and properly seconded to deny the appeal of Jeannette Martin. Lori Petersen abstained. Motion approved.
STANDARD OF PRACTICE
After discussion by the Board members, it was moved and seconded that the Board file a grievance (*2007-015) under Disciplinary Regulation (DR) 503 against a CPG, alleging that her guardianship services agency website violates Disciplinary Regulation 502.3, because the guardian was permitting an uncertified agency to use her name. The motion passed. Michael Longyear, John Jardine and Lori Peterson abstained from voting on the motion.
A motion was made and properly seconded to post proposed New Standard of Practice 401.18 with the words “retained by or associated with” in the first sentence deleted. Commissioner Kimberley Prochnau abstained. Motion failed.
A motion was made and properly seconded to post proposed New Standard of Practice 401.18 as written. Motion approved.
General Rule 23 was discussed at length and changes were made as agreed upon by the members.
OFFICE OF PUBLIC GUARDIANSHIP
Dirk Marler provided the following report:
The Supreme Court appointed Butch Stussy, Washington State Court Administrator, administrator of the Office of Public Guardianship (Office). A program manager will be hired to develop the Office as created by statute. The Program Manager will report to the Director of the Judicial Services Division. Dirk Marler currently holds this position. The relationship between the CPGB and the Office will be developed in cooperation with the Program Manager.
There will be opportunities for the Office and the Board to partner and collaborate in the development of processes and standards. Although, the provision in the legislation for an advisory committee was vetoed the AOC plans to involve stakeholder groups as it moves forward with implementation of the legislation.
Each board member was given an opportunity to communicate his or her vision for the Board’s future. Board members communicated the following desires and concerns:
- The Board should embark upon a visioning process. Washington has been a leader in the certification of guardians and it is now time to plan for the future of the Board. Improving guardian education is an essential part of the future and the guardian certificate program is a major step in the right direction. The addition of a guardian investigator is also a critical piece of the process. In addition to specific discrete improvements, the Board should develop a five-year strategic plan.
- The Board was encouraged to educate the legislature about guardianship and begin to pursue additional funding. Education should also be provided to judicial officers during judicial conferences.
- Random audits of guardian records should be performed to provide assurance of compliance.
- Each court should establish a process for handling complaints. Smaller courts need more assistance than larger courts with forms and information pertaining to guardianships.
- Each committee should develop a strategic plan.
- The Guardian Training Manual should contain Board rules and procedures only. The remaining material should probably be the responsibility of another entity, possibly the bar association.
- Professional guardians feel they have no voice.
- Each board member was asked to draft a vision statement for the Board and e-mail to staff. These statements will be discussed during another meeting.
- The ideal system can be described as follows:
Well educated and well trained guardians provide exceptional services to everyone who needs services. The services provided will be limited to the needs of incapacitated persons and will not overreach. Universal planning that eliminates the need for guardianship would be ideal.
Judge Wickham is the new chair of the Superior Court Judges’ Association Probate and Guardianship Committee. A strategic planning meeting is scheduled for the committee for September 8. Board members were encouraged to participate.
LOW ASSET GUARDIANSHIPS
The Ethics Advisory Committee is drafting an advisory opinion related to handling low asset guardianships. There are two trains of thought regarding this issue: (1) guardians have a duty to provide services even if they aren’t paid; (2) guardians have a right to be paid in every case.
This issue was discussed at length without consensus. The Board agreed that this issue overlaps with public guardianship. Some believe that the Board should have a liaison with the Office of Public Guardianship or perhaps the Public Guardianship Manager should be a member of the Board.
OLD BUSINESS: None.
NEW BUSINESS: None.
If a quorum is available a face-to-face board meeting will be held August 13. The location will be announced later.
ADJOURN: Judge Hogan adjourned the meeting at 3:00 p.m.
Board Approved: 9/10/07