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Certified Professional Guardian Board (CPGB)

March 10, 2008

Certified Professional Guardian Board

Judge Marywave Van Deren

Chair

Sharon Eckholm

AOC Liaison

Court of Appeals Division II

(360) 704-4031

Meeting Minutes
March 10, 2008
Kilroy Airport Center, 18000 International Blvd., SeaTac, WA

Chair Judge Marywave Van Deren

MembersPresent
Robin Balsam

Gary Beagle
Dr. Ruth Craven

Nancy Dapper

Hank Hibbard

John Jardine

Michael Longyear

Lori Petersen
Judge Kimberley Prochnau
Winsor Schmidt
Commissioner Joseph Valente
Sharon York

MembersAbsent
Ree Ah Bloedow
Judge M. Karlynn Haberly

Judge Chris Wickham
Suzanne Thompson Wininger

Visitors
Leesa Camerota, Capitol Guardianship

Ken Curry, WAPG

Sylvia Curry, WAPG

Chris Neil, WAPG

Staff
Sharon Eckholm
Deborah Jameson
Sylvia Nelson

Attorney General’s Office

Linda Moran, Sr. Asst. Atty General

Call to Order
Judge Marywave Van Deren, Board Chair, called the meeting to order. Judge Van Deren welcomed and introduced the attending guests.

Board Business

1. Approval of February 11, 2008 Minutes

A motion was made and properly seconded to approve the minutes as presented for the February 11, 2008 Board meeting. The motion passed.

2. Chair Report

Judge Van Deren announced that she has appointed Judge Prochnau as Vice-Chair of the Board. Judge Van Deren reminded the Board that she will be presenting at the Bridge Builders Guardian Continuing Education conference at the end of March and asked for an update on the Superior Court Judges’ Association – Guardianship & Probate Committee (SCJA-GPC) presentation planned for the Spring Judicial Conference scheduled in April.

Commissioner Valente reported that the GPC two-hour session would be divided into three presentations:

Linda Dawson, a nationally renowned speaker on Guardianship and Elder issues, will present an interactive case illustration involving domestic violence which evolves into elder abuse. With participation of audience members playing the different roles of individuals or organizations involved in the course of a guardianship case, Ms. Dawson will explore how each player missed the signs of elder abuse and what they should have done differently.

Judge Prochnau and Guardian Investigator Deborah Jameson will present a fifteen-minute session on the CPGB Grievance and Disciplinary process. In addition, Ms. Jameson will be staffing a table to answer questions and distribute the new CPGB brochures and information about the grievance process.

The GPC will wrap-up with a discussion of the new model Guardianship forms which are currently being reviewed by the SCJA Pattern Forms Committee for approval. The model forms are very similar to those employed by Spokane and King Counties and the proposed Pierce County forms. Judicial Officers will be encouraged to amend their local rules to require the use of the model forms.

3. Presentation of Washington Association of Professional Guardians (WAPG)

Ken Curry, Interim WAPG President, provided an update on the Association’s activities:

The Association now has 54 members;

The Legislative Watch group is planning to meet with and provide education regarding guardian practice to four Legislators who sponsored guardianship related bills this session;

The Institute for Public Policy invited WAPG to participate on a task force which will assist with the Institute’s Evaluation Plan for the Office of Public Guardianship;

The GR 23 Task Force is preparing comments on the Board’s suggested amendments to GR 23 and a proposal for suggested amendments, which will be filed with the Supreme Court by the April 30, 2008 deadline. The Association’s suggested amendments will include increasing the number of CPG Board members and requiring those members to have a minimum level of experience and active guardianship assignments. The Board will be provided a copy of the Association’s report as soon as it is finalized and would welcome the opportunity to discuss its report with the Board;

The Spring Seminar Task Force is looking at long-distance learning and may have a proposal for the CPGB Education Committee’s review.

Mr. Curry answered the Board members’ questions and thanked the Board for the opportunity to present this information. Judge Van Deren asked Mr. Curry to forward the Association’s GR 23 report to Ms. Eckholm so she may distribute it to the Board.

4. Retreat Planning.

The Board identified three topics for discussion at the June 27-28 retreat:

(1) Sanction guidelines: review of the current sanction guidelines in DR 515 and discuss expanding the guidelines;

(2) Continuing Education: explore other models for approving continuing education credits; and

(3) GR 23 Suggested Amendments: discuss comments on the Board’s suggested amendments to GR 23.

Refining the application process was also suggested as a topic. Because of the limited time at the retreat, the Application Committee agreed to work on that process prior to the Retreat and report back to the Board. Judge Van Deren will work with staff to finalize the Retreat Agenda and distribute to the Board members.

5. Committee Reports

(a) Standards of Practice Committee

PGB No. 2003-011. Review Panel Member Mike Longyear presented a Supplemental Settlement Agreement Regarding Discipline in resolution of the matter, a copy of which was provided to the Board prior to the meeting. The Board will consider the agreement in Executive Session.

(b) Applications Committee

Application for Certification as a Professional Guardian of Bifford S. Crane. Application Committee Chair Robin Balsam summarized the application materials provided to the Board members prior to the meeting and indicated that the Committee did not have a recommendation on the application. Based on the applicant’s indication that he currently is appointed as guardian in three active cases which is beyond the two case limit for non-certified guardians, an issue of first impression, the Committee referred the application to the Board. The Board will consider the application in Executive Session.

(c) Financial Responsibility Committee

Financial Responsibility Chair Commissioner Valente indicated that both petitions for waiver of the errors and omissions insurance requirement failed to make a clear distinction between the exemption from the insurance requirement and the waiver of the insurance requirement. A guardian or agency is eligible for an exemption if the guardian or agency has 25 or fewer cases and less than $500,000 in assets under management. Reg. 117.3. A guardian or an agency may be eligible for a waiver if they demonstrate it is impractical to obtain insurance and there is a satisfactory alternative form of security. Impracticality can be demonstrated if the CPG has applied for insurance and been denied. Reg. 117.8. Rather than address their eligibility for either an exemption or a waiver, both petitioners explain why they should not have to pay for insurance.

In arguing that the limited amount of assets under their control did not warrant insurance, both petitioners displayed a misunderstanding of the purpose of errors and omissions insurance, and the difference between the insurance and a bond. Errors and omissions insurance covers acts of negligence by the guardian or agency.

Based on comments and questions about the application of the insurance requirement the Board has received, it appears others may share this misunderstanding. The Board encourages guardians or agencies who have questions about the need for errors and omissions insurance to discuss the purpose and coverage of errors and omissions insurance with their insurance agents or carriers.

Petition of Alice L. Hardman for Waiver of Errors & Omissions Insurance Requirement pursuant to Regulation 117. Alice Hardman is guardian or co-guardian on 35 cases, which exceeds the limit of 25 and disqualifies her from exemption. Though she asserts that her entire caseload consists of Fircrest residents, that fact is not relevant under the regulation. Ms. Hardman also indicates that it would be a financial hardship to pay for insurance as all her cases are low-income estates, but that is not a consideration in granting a waiver. Ms. Hardman is not eligible for waiver because she does not indicate she has been rejected for insurance, and can not, therefore, demonstrate impracticality.

Petition of Joan Shoemaker for Waiver of Errors & Omissions Insurance Requirement pursuant to Regulation 117. Joan Shoemaker petitions for exemption. She indicates she has 32 clients and is ineligible for exemption. She indicates all of her clients are residents of Lakeland Village (a state institution) and have low-income estates. Ms. Shoemaker does not address the waiver issue or demonstrate impracticality. It does not appear she has applied for insurance.

The Committee recommends that each Petition be denied.

Chair Van Deren announced that she has nominated Ken Curry, CPG, and Chris Neil, CPG, Esq., to be appointed as Board members.[1] The Chair commented that Mr. Curry’s experience as a certified professional guardian and Interim President of WAPG, and Mr. Neil’s being a second generation professional guardian and attorney member of the WSBA Elder Law Section, will bring invaluable insights and expertise to the Board.

Executive Session

The Board met in Executive Session at approximately 11:05 a.m.

Open Session
The Board reconvened in Open Session at approximately 12:15 p.m.

PGB No. 2003-011. [2] A motion was made and properly seconded to reject the Disciplinary Settlement Agreement proposed by the Review Panel. The motion passed. The Standards of Practice Committee asked that the Board issue a Complaint in this matter. A motion was made and properly seconded to issue a Complaint. The motion passed. Staff asked for clarification on the process in light of the fact that the Respondents in this matter are also not in compliance with the errors & omissions insurance required by Regulation 117. Staff was directed to proceed with the Regulation 117 non-compliance procedure as well as issue a Complaint based on the underlying allegations in PGB No. 2003-011.

Application of Bifford Crane.[3] A motion was made and properly seconded to deny the application for certification as a professional guardian of Bifford Crane. The motion passed.

Petition of Alice L. Hardman for Waiver of Errors & Omissions Insurance Requirement pursuant to Regulation 117.[4] A motion was made and properly seconded to deny the petition of Alice L. Hardman. The motion passed.

Petition of Joan Shoemaker for Waiver of Errors & Omissions Insurance Requirement pursuant to Regulation 117. A motion was made and properly seconded to deny the petition of Joan Shoemaker. The motion passed.

Errors and Omissions Insurance Non-compliance. Staff reported the number of non-compliant guardians and agencies following the mailing of notices on February 25, 2008, and asked for direction whether to proceed with the non-compliance procedure set forth in Regulation 117.7. A motion was made and properly seconded directing staff to proceed with the non-compliance procedure. The motion passed.

Adjourn

Judge Van Deren adjourned the meeting at approximately 12:50 p.m.

Respectfully submitted,

Judge Van Deren

Board Approved: May 12, 2008

[1] The Supreme Court appoints Board members following nomination.

[2] Board members Mike Longyear and Judge Prochnau abstained from voting and recused themselves and left the Board room when the matter was considered in Executive Session.

[3] Board member Robin Balsam abstained from voting and recused herself and left the Board room when the matter was considered in Executive Session

[4] Board members Commissioner Valente and Robin Balsam abstained from voting and recused themselves and left the Board room when both the Hardman and Shoemaker petitions were considered in Executive Session.