Certified Professional Guardian Board (CPGB)May 12, 2008
Meeting Minutes
Judge Kim Prochnau, Board Vice-Chair MembersAbsent Visitors Staff Attorney General’s Office
Jerry Anderson, Assistant Attorney General Call to Order Board Business 1. Approval of Minutes 2. Vice-Chair Report Other items on the retreat agenda are: Board Composition, Internal Board Structure and Disciplinary Sanctions Guidelines. Nancy Dapper has volunteered to Chair the Long Range Planning Implementation Committee to ensure retreat plans are implemented. The Board Retreat is scheduled for June 27 and 28, starting at 1:00 p.m. on Friday, at the Inn at Port Ludlow. Mr. Talmadge will be speaking at 4:00 pm on Friday. The public is invited to attend the retreat. Sharon Eckholm reported that the Board list serve is being expanded to include other stakeholders. Committee Reports (a) Standards of Practice Committee– PGB 2004-004 – Presentation of Disciplinary Settlement Agreement The allegations in this matter involved misappropriation of client funds where, due to a deficit in the agency’s cash flow, funds from client trust accounts were allegedly transferred to the guardian agency account without court order. Review Panel Member Winsor Schmidt presented a Disciplinary Settlement Agreement and Stipulated Findings in proposed resolution of this matter. Prof. Schmidt provided the procedural and factual history, the violations of standards of practice and proposed disciplinary sanctions. Review Panel Members Winsor Schmidt and John Jardine both answered questions from the Board members regarding the Panel’s rationale for the recommended disciplinary sanctions. Executive Session Board members Winsor Schmidt, John Jardine and Chris Neil recused themselves and left the Board room when the matter was considered in Executive Session. Open Session Executive Session Board members Winsor Schmidt, John Jardine and Chris Neil recused themselves and left the Board room when the matter was considered in Executive Session. Open Session (1) A motion was made and properly seconded to approve the Disciplinary Settlement Agreement with regard to the guardian. The motion was unanimously opposed. John Jardine, Winsor Schmidt and Chris Neil abstained from voting. (2) A motion was made and properly seconded to send the matter to the Attorney General’s Office to file a complaint against the guardian. The motion was unanimously approved. John Jardine, Winsor Schmidt and Chris Neil abstained from voting. (3) A motion was made and properly seconded to accept the Settlement Agreement with regard to the guardian agency. The motion failed. John Jardine, Winsor Schmidt and Chris Neil abstained from voting. (4) A motion was made and properly seconded for the Board to pend referral of the matter to the Attorney General’s Office to allow the guardian agency a period of 60 days to accept a modification to the Disciplinary Settlement Agreement that would: 1) require the guardian agency to provide to the Board copies of its annual audit for the next 5 years; 2) include language specifying the consequences, including actual costs, of a breach of the Disciplinary Settlement Agreement; 3) clarify the facts to indicate as a mitigating factor the Board’s consideration of costs that the guardian agency sustained to date; and 4) clarify the facts to indicate that the Board makes no finding regarding the guardian agency’s civil or criminal liability. The motion passed. John Jardine, Winsor Schmidt and Chris Neil abstained from voting. PGB 2008-001 – Presentation of Disciplinary Settlement Agreement The allegations in this matter involved failure to timely file court reports in 4 cases. Guardian Investigator Deborah Jameson presented a Disciplinary Settlement Agreement and Stipulated Findings in proposed resolution of this matter. Ms. Jameson provided the procedural and factual history, the violations of standards of practice and proposed disciplinary sanctions. PGB 2007-009 – Presentation of Disciplinary Settlement Agreement The allegations in this matter involved repeated failure to file reports with the court on multiple cases. Guardian Investigator Deborah Jameson presented a Disciplinary Settlement Agreement and Stipulated Findings in proposed resolution of this matter. Ms. Jameson provided the procedural and factual history, the violations of standards of practice and proposed disciplinary sanctions. Executive Session Open Session A motion was made and properly seconded to approve the Disciplinary Settlement Agreement and Stipulated Findings in PGB 2007-009. The motion passed. Hank Hibbard, Sharon York, Judge Wickham and Nancy Dapper abstained from voting. The allegations in this matter involved the guardian acting as both petitioner and nominee in multiple cases and the guardian routinely obtaining orders that allowed the guardian to not send pleadings to incapacitated persons. AOC Liaison to the Board Sharon Eckholm presented a Disciplinary Settlement Agreement and Stipulated Findings in proposed resolution of this matter. Ms. Eckholm provided the procedural and factual history, the violations of standards of practice and proposed disciplinary sanctions. Ms. Eckholm drew to the Board’s attention the guardian and agency’s handwritten rejection of the Board’s paragraph regarding waiver of objection, and asked that the Board accept the Agreement without the guardian and agency’s delineation within paragraph X. Open Session The Board directed staff to refer PGB 2005-009 to the Attorney General’s Office for issuance of a formal complaint. PGB 2004-013 – Appointment of Guardian Monitor John Jardine recommended appointment of Amy Miller, CPG, of Care Planning Associates, as the guardian monitor required by the Disciplinary Settlement Agreement, dated February 11, 2008. A motion was made and properly seconded to appoint Amy Miller, CPG, as the guardian monitor. The motion passed. John Jardine abstained from voting. (b) Applications Committee (1) Applications. The Committee Chair presented the applications for certification as a professional guardian of Jaycee Johnson, Ingrid Larson-Alexander and Kathy Rasmussen, and the application for certification as a professional guardian agency of OmniGuardianship Services. The Committee Chair recommended each for certification. A motion was made and properly seconded for the approval of Jaycee Johnson. Suzanne Thompson Wininger abstained. Motion passed. A motion was made and properly seconded for the approval of Ingrid Larson-Alexander. Motion passed. A motion was made and properly seconded for the approval of Kathy Rasmussen. Motion passed. A motion was made and properly seconded for the approval of OmniGuardianship Services. Motion passed. Motions were made and properly seconded for the approval of each request for voluntary surrender of certification filed by Patty Hasbrouk and Harold Simms. Motions passed. A motion was made and properly seconded for the approval of inactive status for Celinda Matthews. Motion passed. (2) Proposed Amended Application Regulations. A motion was made and properly seconded to approve the proposed amended Application Regulations 111.6, 111.7 and 111.8. Motion passed. (c) Financial Responsibility Committee Committee Chair, Comm. Valente, presented six Agreements Regarding Discipline (ARD) in proposed resolution of the disciplinary proceedings for noncompliance with the Regulation 117 errors and omissions insurance requirement. The ARDs were considered in Executive Session.
Executive Session
Open Session The Board reconvened in Open Session at approximately 1:05 p.m. A motion was made and properly seconded to approve the Agreement Regarding Discipline in each of the matters presented by the Financial Responsibility Committee. Each motion passed. Comm. Valente, Robin Balsam and Hank Hibbard abstained from voting. (d) GR 23 Committee Adjourn
Judge Prochnau adjourned the meeting at approximately 1:30 p.m. Respectfully submitted, Judge Prochnau
Board Approved: August 4, 2008 |
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