KENTUCKY GUARDIANSHIP ASSOCIATION CONFERENCE 2010
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2010 KGA Conference Workshop Descriptions
Join the Kentucky Guardianship Association (KGA)
For the 2nd ANNUAL KGA CONFERENCE
"A Guardianship Trifecta:
Ethics, Respect, Protection"
Tuesday, May 18, 2010
Holiday Inn Hurstbourne
1325 South Hurstbourne Parkway
Louisville, Kentucky
2010 KGA Conference Workshop Descriptions
8:45 AM Plenary Session
“There's No Place Like Home!” Mock Trial
Sheila Collins, Sharon Crossett, Linda Keeton, Jennifer Leibson, Dawn Samples, ; Pam Teaster
In the opening plenary session participants will observe and participate in a mock trial. This trial will demonstrate an adult disability proceeding in Kentucky and highlight several hot topics including ethical issues involved in these proceedings.
Participants will be able to:
Understand Kentucky's jury trial process based on Kentucky Revised Statute
Appreciate the roles and ethical considerations of professionals involved in the adult disability hearing
10:30 AM Concurrent Workshop Sessions I
“Ethics and Professionals Involved in Adult Guardianship Proceedings” - Professional Track
Winsor Schmidt
This session will address ethical issues that were portrayed in the opening Mock trial. Participants will discuss the court appointed attorney's role and responsibilities to the respondent and the court as well as ethical issues faced by professionals involved in the adult disability hearing.
Participants will be able to:
Identify ethical concerns demonstrated in the mock trial
Appreciate the role differences between the attorney appointed as counsel for the respondent and a guardian-ad-litem
Discuss ethical concerns of professionals involved in adult disability hearings and identify possible actions to address identified concerns
“Ethics and Boundaries of Decision Making” - Guardian Track
Bill Dolan and Jeff Edwards
What is your authority as a guardian? This session will explore the boundaries and limits to responsibilities of one who serves as a guardian for an incapacitated person in Kentucky and actions an individual under guardianship or other interested party may take if there is a question regarding a guardian's actions.
Participants will be able to:
Compare decision making models and ethical issues related to use of each model
Identify limits of a guardian's responsibility
Discuss development of a ward's bill of rights
__________________________________________________________________
11:30 AM Lunch and Business Meeting
Announcements, Silent Auction and Awards
12:30 PM Keynote Speaker
“Ethical Issues for Persons Serving as a Guardian”
Winsor Schmidt
Drawing from over 30 years of national and state research related to guardianship and protective services for the elderly and disabled, Winsor Schmidt will share his personal perspective on the complex and challenging ethical questions faced by guardians. He challenges us to identify priorities for guardianship reform, advocate for needed changes and to apply ethical standards in our actions as guardians.
Participants will be able to:
Understand the scope and challenges of ethical issues for guardians
Apply ethical standards for guardians to guardianship reform priorities
___________________________________________________________________________________
2:00 PM Concurrent Workshop Sessions II
“Who Decides: The Art and Science of Assessing Capacity” - Professional Track
Julia Nack
There is often pressure to use guardianship as a solution when an individual is considered to have diminished capacity. Sometimes there are alternatives that are less restrictive and do not strip the person of the right to make decisions. A careful capacity assessment is critical, yet many do not receive a thorough review of their abilities and incapacity by the appropriate clinician. This session will discuss the important clinical experts with whom to consult, and the important questions a potential guardian should answer before taking such an intrusive step.
Participants will be able to:
Identify common myths and misconceptions about the need for a guardian
Choose the most appropriate clinician for the individual assessed
Learn the five most important questions in choosing interventions for the adult with diminished capacity
Identify appropriate, less restrictive alternatives.
“Looking Below the Surface: Discovering Wards' Hidden Values in Decision Making ” - Guardian Track
Sharon Bowland and Becky Smith
Participants will review information on a pilot project involving ward's of Kentucky's public guardianship program. Presenters will illustrate methodology for evaluation of ward's values and personal preferences and share their experience in recruiting citizen advocates to improve the quality of life for adults, both younger and older, with developmental disabilities. The values assessment instrument will be available to participants and a case vignette will assist participants in discussing ways their own values affect decision-making on behalf of wards and how the values assessment can help them to appropriately “walk in the shoes” of their clients.
Participants will be able to:
Learn about a pilot project by U of L social work students, the Council on Developmental Disabilities, and the state of Kentucky to discern the values and preferences of clients in order to match them with citizen advocates
Practice a method for assessing the values and preferences of clients
Examine how one's personal preferences and values affect the decisions one makes for clients
Discuss ways of addressing the challenges when one's personal values differ from those of a client
___________________________________________________________________________________
3:15 PM Plenary Session
“It's my Life and Your Job is to Help Me” Consumer Panel
Robert Denton, Michael Fleming, Barry Gilbert and Pam Teaster -Moderator
Often the forgotten voice in guardianship appointments is that of the adult who is found to lack capacity. This panel of consumers will share their personal perspective on the ward and guardian relationship and their personal experiences related to rights restoration.
Participants will be able to:
Appreciate what it means to have a guardian from the perspective of an individual who is under a guardianship appointment
Understand process of rights restoration
Gain awareness of a guardian's limits and boundaries
___________________________________________________________________________________
4:00 PM Closing Remarks, Questions and Answers, and
Evaluations
CONTINUING EDUCATION CREDITS
Nursing: Southeast Kentucky Area Health Education Center is a Kentucky Board of Nursing (KBN) approved provider. This offering is approved for five and five tenths (5.5) contact hours, KBN# 4-0011-12-11-123; expiration date 12/2011. Kentucky Board of Nursing approval of an individual nursing continuing education provider does not constitute endorsement of program content.
Social Work: This program has been submitted to the Kentucky Board of Social Work and is pending credit.
Legal: This program has been submitted to the Kentucky Bar Association and is pending credit.
Certified Guardians: Training opportunities by affiliate state associations with NGA areapproved by the Center for Guardianship Certification.
OUR 2010 SPEAKERS
Endowed Chair/Distinguished Scholar in Urban Health Policy
Professor of Psychiatry and Behavioral Sciences
Professor of Family and Geriatric Medicine
Professor of Health Management and Systems Sciences
University of Louisville School of Medicine
Louisville, KY
Winsor C. Schmidt, J.D., LL.M. Is the Endowed Chair/Distinguished Scholaer in the Urban Health Policy, University of Louisville School of Medicine. Professor Schmidt’s publications include the books, Public Guardianship and the Elderly (Ballinger Publishing Company) and Guardianship: Court of Last Resort for the Elderly and Disabled (Carolina Academic Press), as well as over 50 book chapters and articles on health and mental health law and policy issues. Recent contributions include “Law and Aging: A Mental Health TheoryApproach,” in I. Doran (ed.), Theories on Law and Ageing: The Jurisprudence of Elder Law, New York: Springer-Verlag Berlin Heidelberg (2009). Professor Schmidt is also co-authoring of the recently published book, Public Guardianship After 25 Years: In the Best Interest of Incapacitated People?, Westport, CT: Praeger (2010). The Elder Law Report wrote, "Perhaps no one has studied guardianship, particularly public guardianship, more closely than Winsor Schmidt." According to the Journal of Aging and Social Policy, "(Professor Schmidt) is a provocative writer who raises a number of important questions about guardianship policy. He also provides invaluable information about what is known and not known from guardianship research." Professor Schmidt’s teaching experience includes graduate courses on health law and policy, mental health law, aging policy and law, women’s health law and policy, children’s health law and policy, social science in law, and international health law and bioethics. Recent service experience includes the Board of Directors, National Committee for the Prevention of Elder Abuse, and the state of Washington’s Certified Professional Guardian Board. He is a member of the District of Columbia Bar.
Assistant Professor of Social Work
Kent School of Social Work
University of Louisville
Louisville,KY
Sharon Bowland is an Assistant Professor of Social Work for the Kent School of Social Work at the University of Louisville where she coordinates gerontology specialization. She holds a PhD in Social Work from Washington University in St. Louis, MO, an MPS from Loyola University, and a MSW and BSW from the University of Illinois. She is a LCSW with over twenty-five years of experience in the mental health field. Her research has focused on older adult survivors of interpersonal violence. She has adopted a life span approach to this research, which focuses on the cumulative effects of child abuse, sexual assault, and domestic violence. Her research that was funded by the John A. Hartford Foundation included an intervention for older women survivors and the discussion of religious and spiritual issues in recovery. Ms. Bowland's professional career also includes work as an individual, family and group psychotherapist, and consultant. She has had numerous publications in peer review journals and received honors in 2009 for Outstanding Dissertation in Social Work by the Society for Social Work and Research and the Olin Fellowship for Women at Washington University.
Chief District Judge
Division Ten, Thirtieth Judicial District, Jefferson District Court
Louisville, KY
Judge Sheila Collins has served the Jefferson District Courts since 1998 and presiding in all courts on a rotating schedule including Disability and Mental Inquest, Probate, Arraignment, Juvenile, Small Claims, Civil, Warrant, Traffic, and Felony/ Misdemeanor proceedings. In October of 2009 she was elected to the Executive Committee of the Kentucky District Judge's Association. Prior to her current position she served as an Assistant Jefferson County Prosecutor in Jefferson County Attorney's Office, Deputy Superintendent and Secretary to the State Board of Education, Deputy Associate Superintendent in the Office of Legal Services for the Kentucky Department of Education, Staff Attorney for the Jefferson District Public Defender and as a Private Practitioner handling civil cases. She earned a BA from Spalding University in 1973 and a JD from the University of Louisville School of Law in 1975. She is very active in community and professional associations and boards including the Kentucky Bar Association, Kentucky District Judge's Association, Kentucky Academy of Justice, Legal Aid Society, and the Belknap and Crescent Hill Neighborhood Associations.
Case Manager
GuardiaCare
Louisville, KY
Sharon Crossett is a career Social Worker with twenty-five years experience with the Commonwealth of Kentucky and additional private sector experience in human resource management. Her work experience includes serving as a member of the court appointed interdisciplinary team assigned to evaluate adults with an alleged incapacity, an adult protective services investigator with Kentucky's Cabinet for Health and Family Services, a legal advocate with The Center for Women and Families and her current position as a Case Manager with GuardiaCare's adult guardianship program. Ms. Crossett earned a BSW from Eastern Kentucky University and has pursued post graduate studies at the University of Louisville's Kent School of Social Work Institute of Community Development.
Louisville, KY
Robert Denton was born on August 18, 1979 and was raised by his mother in Louisville, Kentucky. After his 1998 graduation from Louisville public schools, he held numerous community jobs including work in construction, at a gas station, maintenance for his apartment complex, a grocery store and for UPS. Mr. Denton was admitted to Oakwood in 2004 due to health related issues. While at Oakwood he worked in the facility's shipping and receiving department. He was adjudicated disabled on April 26th 2004 with the Cabinet for Health and Family Services appointed to serve as his guardian. He returned to community living in June of 2007 and currently lives in a staffed residence in the Louisville area with supports from Community Living Services. He also had all of his rights restored on January 15th 2009, with the assistance of P &A, his case manager, and Community Living Services. Mr. Denton is a strong advocate because he has experienced what it is like to “get your freedom taken from you.” He considers the two years he lived at Oakwood the worst two years of his life. He has since developed coping skills to live in the community with minimal supports. He promotes the freedom of choice to live in the community through presentations in Kentucky as well as other states. He is a man of many strengths, really cares about others, and is willing to help out at any time. Although he is not currently employed, he has been volunteering at a local church and will be volunteering with the Habitat for Humanity in May.
Staff Attorney Supervisor
Department of Public Advocacy, Protection & Advocacy Division
Frankfort, KY
William Dolan is a Staff Attorney Supervisor with the Division of Protection and Advocacy in Frankfort. His practice involves assisting adult individuals with disabilities pursue legal, administrative and other appropriate remedies. He received a B.A. degree, magna cum laude, in Business Administration from Carthage College, and a J.D. from the Louis D. Brandeis School of Law, University of Louisville where he served as a member of the Journal of Law and Education. He formerly clerked for Joseph R. Huddleston, Kentucky Court of Appeals and practiced with O'Bryan, Brown & Toner, PLLC.
Federal Program Coordinator for Individuals with Developmental Disabilities Grant
Department of Public Advocacy, Protection & Advocacy Division
Frankfort, KY
Employed by Kentucky's Protection and Advocacy Division since 1996, Jeff Edwards is currently the federal program coordinator for the Protection and Advocacy of Individuals with Developmental Disabilities grant (PADD). In this role he provides advocacy services to children and adults labeled with disabilities in a variety of human service settings including schools, institutions, and the community. Mr. Edwards received a BA in Psychology in 1989 from Kentucky State University. He has served individuals labeled with disabilities since 1986 in institutional and community settings providing direct care, vocational and prevocational services, staff supervision and development, school liaison, and case management. Mr. Edwards also is active in his home community of Frankfort serving on the advisory board of a community center.
Winchester, KY
Barry Gilbert was born on June 12th, 1971 in Jessamine County, Ky. He was adopted by James and Naomie Gilbert at the age of 2 months. He attended school and was very active in sports and the drama club. When Mr. Gilbert turned 21 he received job training from the Carl D. Perkins Center and worked in a grocery store and as a golf course attendant. After the loss of his adoptive mother in 1996, Barry moved into Oakwood and was appointed a state guardian. In 2000 he moved to CAKY-Winchester. Six months after moving to CAKY-Winchester, Barry was assisted through supported employment to get a job at Meijer’s and has now been working there for 10 years. He has also regained his right to vote and is currently working toward restoration of all personal rights. Barry has an active role on the Kentucky Council for Developmental Disabilities and has been honored with several opportunities to do wonderful things and meet important people, while advocating for individuals with disabilities to local and national leaders.
Somerset, KY
Michael Fleming was committed to the Department for Community Based Services as a child. When he turned 21, despite wanting to make his own decisions, he was appointed a state guardian. He petitioned to modify the guardianship order and he gained the right to make personal decisions, but he still had a conservator. Mr. Fleming then practiced his money management skills, petitioned again, and in 2006 he was awarded all his rights. He lives in Somerset and has worked at Taco Bell, Renos, and Carstone Industries.
Assistant Counsel
Cabinet for Health and Family Services
Frankfort, KY
Linda Keeton began serving as Assistant Counsel for Kentucky's Cabinet for Families and Children's Office of Legal Services in of August of 2005. She is lead counsel for the adult public guardianship program and adult protective services. She also provides counsel on behalf of the Cabinet for nurse aide abuse cases, Medicaid benefit hearings, personnel cases, assisted living communities, grants, and home and community based waivers. Ms. Keeton received a B.A. as a history and sociology major in 1997 from the University of Louisville and is a 2002 graduate of Valparaiso University School of Law where she earned her J.D. Prior to working for the Cabinet, Ms. Keeton worked as a sole practitioner in general civil practice of law.
Division Chief
Jefferson County Attorney's Office, Mental Inquest and Guardianship Division
Louisville, KY Jennifer Leibson serves as Division Chief for the Mental Inquest and Guardianship Division in the Jefferson County Attorney's Office and is an Adjunct Professor at the University of Louisville, Brandeis School of Law. She is currently involved in prosection of Domestic Violence cases. Ms. Leibson received her B.A. Degree, cum laude, in French From the University of Cincinnati; M.A. in French from the University of Miami, Ohio; and her J.D. From the University of Dayton, Ohio. She formerly clerked in the Montgomery County Ohio Prosecutor’s Office. Jennifer is involved with numerous community organizations including Project Women, Spina Bifida Association of Kentucky, Jewish Community Federation, Louisville Metro Elder Abuse Fatality Review Committee, Louisville Elder Abuse Services Coordinating Committee and Habitat for Humanity.
Volunteer Guardian Program Director
Central Ohio Area Agency on Aging
Columbus, OH
Julia Riley Nack designed and implemented a successful volunteer guardian program working collaboratively with the Franklin Office on Aging, County Probate Court, the Central Ohio Area Agency on Aging and the Franklin County ADAMH Board. Since October of 1993 she has been responsible for the training and supervision of program staff and volunteers. Prior to her current position Ms. Nack served Franklin County Probate Court (Ohio) as a Court Investigator for adult guardianship proceedings and as the Director of Program Services for Advocacy and Protective Services, Inc. Ms. Nack holds a B.A. from Minot State University, an M. Ed. from Ohio University and is certified as a National Master Guardian by the Center for Guardianship Certification. She has been actively involved in guardianship reform in Ohio. She is former Vice President of the Ohio Guardianship Association, and currently serves on the Adult Guardianship Subcommittee of the Children, Families and the Courts Committee appointed by the Supreme Court of Ohio. She is also a Trustee for the Center for Guardianship Certification and has been active involved with the National Guardianship Association where she has served on the Board since 2002. Ms Nack is the current President-Elect. She is the recipient of the 2007 Outstanding State Affiliate Member Award from the National Guardianship Association, the 2007 Master Guardian Star Achievement from the Center for Guardianship Certification and the 2009 National Guardianship Association's President's Award.
Internal Policy Analyst III
Division Of Protection and Permanency, Department for Community Based Services
Frankfort, KY
Dawn Slye earned an AA in Education from North Hampton Area Community College, a BA in Sociology from SUNY Potsdam and a MSSW from University of Louisville Kent School of Social Work. Ms. Slye has worked with adults with developmental disabilities in community settings through CAKY Lexington and Employment Solutions. She has been employed by the Cabinet for Health and Family Services since 2002 as an investigative worker for Adult and Child Protective Services, a front line guardianship case manager, and in her current position, as an Internal Policy Analyst in the Adult Safety Branch. As an adult protection worker, Ms. Slye has served as a member of numerous guardianship interdisciplinary evaluation teams. As a Guardianship case manager she supported incapacitated adults with varied disabilities and functional abilities. Specializing in the area of young adults who are aging out of foster care, Ms. Slye currently provides consultation and direction to field staff across the state, reviews and develops policy, and provides training to community partners. She serves as a member of the Counsel on Domestic Violence and Sexual Assault, Project Safe, and the Elder Abuse Rally Committee.
Director of Fiduciary Services
GuardiCare Services, Inc.
Louisville, KY
Becky Smith serves as Director of Fiduciary Services at GuardiaCare Services, Inc., Louisville, Ky. a private non-profit agency providing services primarily to older persons who need assistance with managing their financial or personal affairs. Over the past twelve years, she expanded the Fiduciary Services program at GuardiaCare and started the guardianship services currently offered by the agency. The program provides Representative Payee Services for over 140 persons and has court appointments for over 150 persons as Guardian or Curator. She is also a Faculty-Field Liaison with the Kent School of Social Work at the University of Louisville. She supervises students who are completing a practicum in the community. Ms. Smith is a member of the National Guardianship Association, charter board member for the Kentucky Guardianship Association, a past president and charter board member of the Kentucky Association for Gerontology, licensed as a Certified Social Worker in Kentucky and is certified as a National Certified Guardian (NCG) with the Center for Guardianship Certification. She received her BA and MSSW from the University of Louisville.
Director and Chairperson, Graduate Center for Gerontology
University of Kentucky
Lexington, KY Pamela B. Teaster is a Professor and the Director of the Graduate Center for Gerontology at the University of Kentucky. She serves on the Editorial Board of The Gerontologist, the Journal of Applied Gerontology, and the Journal of Elder Abuse and Neglect, of which she is a former editor. She has served as the President of the National Committee for the Prevention of Elder Abuse and is the first president of the Kentucky Guardianship Association, Inc. (KGA). She recently served on the National Academy of Sciences Committee on Social Security and Representative Payees, the American Bar Association Commission on Law and Aging, the Center for Guardianship Certification. She is a Fellow of the Gerontological Society of America and a recipient of the Rosalie Wolf Award for Research on Elder Abuse. Current research projects include: exploring linkages between poverty and elder abuse (KY Center for Poverty Research), a prevalence study of nursing home abuse (private donors), A Week in the Life of APS in Kentucky (University of KY and the KY Cabinet for Families and Children), court-focused elder abuse initiatives (The National Institute of Justice), and an evaluation of the public guardianship programs in Florida (FL Department of Elder Affairs). She has recently conducted a national survey of elder and vulnerable adult abuse (National Center on Elder Abuse), public guardianship systems (The Retirement Research Foundation), and the sexual abuse of vulnerable adults in institutions (National Institute on Aging). She is the author of over 70 peer-reviewed articles, reports, books, and book chapters.
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2009 Conference Information
"Protecting Dignity and Freedom”
2009 KGA Conference
Workshop Descriptions
“This project made possible in part by generous support of the Partnerships in Law and Aging Program, a project of the Borchard Foundation Center on Law and Aging and the American Bar Association Commission on Law and Aging.”
9
:00 AM Plenary Session
"The Importance of Uniform Guardianship”
Judge Brandy Brown
In the opening plenary session, Judge Brown will present best practice guardianship models based on Kentucky Revised Statutes and will discuss the necessity of uniformity of practice in order to address best interests of all incapacitated adults served through this court process. Less restrictive legal alternatives to guardianship will also be presented with a discussion of when they may be appropriately utilized.
Participants will be able to:
learn a "best practice" model of guardianship proceedings based on Kentucky Revised Statutes
identify less restrictive legal alternatives to guardianship proceedings and understand circumstances in which these alternatives may be applied to serve the best interests of a Respondent
identify the key points in guardianship proceedings where statewide uniformity is necessary in order to serve the best interests of a respondent.
9:45 AM Concurrent Workshop Session I
Defining and Assessing Capacity" - Professional Track
Norm Hayden
Mr. Hayden will present a variety of methods to help professionals assess decisional capacity for adult clients. These assessments can be used by any professional in a variety of settings and can be helpful for testifying in guardianship determinations.
Participants will be able to:
differentiate between a mental status assessment and a functional assessment
simulate a mental status assessment
simulate a functional assessment
Duties and Responsibilities of a Guardian and Conservator - Guardian Track
Becky Smith and Sue Crone
Participants will learn specific duties and responsibilities that a court may assign in a Kentucky guardianship proceeding as provided in Kentucky Revised Statute. Four major roles of a guardian will be identified and best practice models of substituted judgment will be discussed.
Participants will be able to:
locate information in Kentucky Revised Statute that provides direction regarding court directed responsibilities
identify responsibilities ordered by a court on the Order of Appointment of Guardian form
list and explain four primary roles of a guardianship
compare decision making models and identify when each is appropriate to be utilized by a guardian
10:45 AM Break
11:00 AM Concurrent Workshop Session II
Duties and Responsibilities of Court appointed Professionals- Professional Track
Norm Hayden and Jennifer Leibson
Mr. Hayden and Ms. Leibson will cover the roles and the responsibilities of professions on the Interdisciplinary Evaluation Team and the attorney appointed to represent adults with alleged incapacity. Requirements in completing an interdisciplinary reports for the Court, as well as information that can be presented to a Judge and jury to assist in making an informed disability determination. The roles of the County Attorney and Counsel appointed to represent the alleged incapacitated adult will be examined, ethical issues related to fulfilling the role of the Counsel for the respondent will be considered, and differences between a guardian-ad-litem (GAL) and the role of Counsel for the respondent in an adult disability hearing.
Participants will be able to:
identify roles of County Attorney and Court appointed Counsel for respondents
understand differences between a GAL in child protection cases and the court appointed counsel in an adult guardianship disability hearing
list ethical concerns related to the role of court appointed Counsel for the respondent in an adult guardianship disability hearing
identify the members of the Interdisciplinary Evaluation Team (IDT)
distinguish among the components of the Interdisciplinary Team Evaluation Report
Fiduciary Management, Record Keeping and Working with Banks and other Financial Institutions - Guardian Track
Adanne Bagby and Robert McClelland
Ms. Bagby and Mr. McClelland will cover benefits and financial matters in establishing and maintaining the financial responsibilities of a guardianship case. Application for benefits or change in representative payee, appropriate way to open a bank account, tips for reviewing entitlements and benefits in place at time of appointment andestate planning issues including Medicaid Trusts will be discussed.
Participants will be able to:
open a bank account on behalf of a ward
file for a change payee for federal benefits
apply for benefits
understand estate planning measures including Medicaid Trusts
12:00 PM Lunch and Business Meeting
Announcements, Silent Auction and Awards
12:45 PM Keynote Speaker
Guardianship: The Long and Winding Road”
Erica Wood
In bird’s eye view, Erica Wood will trace the history of adult guardianship from its ancient roots to early reform measures to today’s cutting edge issues of public guardianship, court oversight and accountability, standards and uniform jurisdiction. With this as background, she will seek to engage the audience in a discussion of where Kentucky stands and what are the next steps.
Participants will be able to:
understand and appreciate the history of adult guardianship and its reform nationally
apply the national history and background to a consideration of action steps for guardianship reform in Kentucky
1:30 PM Break
1:45 PM Concurrent Workshop Session III
New Directions for Kentucky Public Guardianship -Professional Track
Phyllis Culp
Since transfer of the public guardianship program from the Department of Community Based Services to the Department of Aging and Independent Living in the summer of 2009, the guardianship program has undergone several changes, including restructuring of field services and development of new administrative regulations (KAR). The Director of the new “Division of Guardianship” will share insights to the current program structure, demographics of the current population of incapacitated adults served, an overview of the new KAR and challenges faced by the program in these lean economic times.
Participants will be able to:
understand current structure of the public guardianship program
appreciate the diversity of issues of the vulnerable adults served by the public guardianship program
gain awareness and understanding of recently passed KAR
Health Care Decision Making on behalf of an Adult with a Disability - Guardian Track
Pamela Teaster, Robert Powell, Tracy Ragone, and Jeanie Neikirk
Panel discussion will provide an overview of surrogate decision making best practice models, KY Living Will Act, and public guardianship protocol for approval of DNR and withdrawal or withholding of life supports.
Participants will be able to:
learn a systemic process for making medical decisions which balances risk and benefits of treatment
understand best practice models of surrogate decision making and identify when each model is appropriate to use
2:45 PM Concurrent Workshop Session IV
Voting Rights, Modification and Termination of Guardianship - Professional Track
Bill Dolan
This session will provide an overview of Kentucky guardianship law including recent changes related to a disabled adult's right to vote even when there has been a finding of total disability. Alternatives to guardianship and procedures related to modification or termination of a guardianship order will also be discussed.
Participants will be able to:
gain a basic understanding of Kentucky guardianship law
learn how to modify or terminate a guardianship order
be able to list alternatives to guardianship
Record Keeping and Reporting - Guardian Track
Adanne Bagby and Becky Smith
Participants will be informed of both personal and financial court reports required by KRS 387.Ms. Bagby and Ms. Smith will provide direction on where the reports may be accessed, how to complete the reports, and how to maintain records and documentation to support the reports.
Participants will be able to:
learn how to complete and file financial reports for the court including an initial inventory, biennial report and final financial accounting
learn how to complete and file an annual report of personal status
gain a basic understanding of records and documentation a guardian or conservator will need to maintain to support reports filed with the court
3:45 PM Break
4:00 PM Hot Topics Plenary Session
Mock Trial “What About Bob?” Guardianship KRS
Stacy Carey, Wayne Cook, Braxton Crenshaw, Ross Steintorf
Mock trial will address several hot topic issues including respondents capacity and his right to vote, living with a non-martial partner, and personal spending choices.
Participants will be able to:
understand the Kentucky jury trail process
appreciate rights restrictions that accompany a finding of disability
OUR SPEAKERS
Attorney
Director, American Bar Association Commission on Law and Aging
Washington, D.C.
Erica F. Wood is Assistant Director of the American Bar Association Commission on Law and Aging. She has been associated with the Commission since 1980, where she has worked primarily on issues concerning adult guardianship, legal services delivery, dispute resolution, health care and managed care, long-term care and access to court. She has participated in many national studies on public guardianship and guardianship monitoring. Prior to 1980, she served as staff attorney at Legal Research and Services for the Elderly at the National Council of Senior Citizens. Ms. Wood is a member of the Virginia State Bar and the Virginia Bar Association. She was appointed by the Governor as a member of the Virginia Public Guardian and Conservator Advisory Board. She is the Chair of the Arlington County Commission on Long-Term Care Residences; and served for over 20 years as legislative chair of the Northern Virginia Aging Network. Ms. Wood received her B.A. from the University of Michigan and her J.D. from the George Washington University.
Fiduciary Branch Manager
Guardianship Division, Department for Aging and Independent Living, Cabinet for Health and Family Services
Frankfort, KY
Adanne Bagby has a B.S. in Mathematics from the University of Kentucky and attended Kentucky State University for additional accounting courses. She grew up in a family run lumber yard, worked as a volunteer for many service organizations including meals on wheels and ran her own business in Lexington. She began her auditing career with the Auditor of Public Accounts in 1991 served on the Governor’s Commission for Quality and Efficiency and the Governor’s Task Force for “Empower Kentucky”. In 1997, she moved to the Cabinet for Health Services, Office of the Inspector General as Contract Branch Audit Manager and from there became involved with the fiduciary part of the public guardianship program. The public guardianship program had an in-depth audit completed by the APA which found numerous internal control problems relating to handling of monies of wards of the Cabinet. In 2003 Ms. Bagby was asked by the Cabinet Secretary to work with the Cabinet for Families and Children, Guardianship Program and assist in bringing the program into compliance with auditing standards. Today she manages the Fiduciary Branch which handles benefits and financial matters, including financial reports to the courts, for all wards of the Cabinet in compliance with KRS 387. She is also a National Certified Guardian through the Center for Guardianship Certification, an allied foundation of the National Guardianship Association and a charter board member of the Kentucky Guardianship Association.
Chief District Judge, Division II 25th Judicial District
Richmond, KY
Brandy Oliver Brown has served a District Judge in the 25th Judicial District (Madison and Clark Counties) for for the past eight years, four as Chief Judge. Prior to serving as Judge she was an Assistant County Attorney in Madison County where she was prosecutor for Juvenile,Traffic, Criminal, Domestic Violence and Family Courts. Judge Brown completed her undergraduate work, cum laude, receiving a B.A. as an English major with a minor in Business. She attended the University of Kentucky College of Law and received the J.D. Degree in 1993. She has been active as a member of the training committee for District Judges and served as a member of the statewide Elder Abuse Committee's Guardianship Subcommittee.
Internal Policy Analyst
Division of Protection and Permanency, Department for Community Based Services, Cabinet for Health and Family Services
Frankfort, KY
Stacy Stacy Carey earned her B.S.W. from Eastern Kentucky University. She has been employed by the Cabinet for Health and Family Services as an investigative worker for Adult and Child Protective Services and in her current position as an Internal Policy Analyst in the Adult Safety Branch. As an adult protection worker, Ms. Carey has served as a member of numerous guardianship interdisciplinary evaluation teams. Specializing in the areas of domestic violence and elder abuse, Ms. Carey currently provides consultation and direction to field staff across the state, reviews and develops policy, and provides training to community partners. She serves as a member on the Counsel on Domestic Violence and Sexual Assault, Project Safe, and the Elder Abuse Rally Committee.
Attorney
Assistant Fayette County Attorney
Lexington, KY
Wayne Cook has been involved with the Mental Health Division of District Court as an Assistant County Attorney in Fayette County since 1984. This includes representation of the Commonwealth in guardianship and involuntary hospitalization proceedings. He has also worked as a sole practioner in the general civil practice of law since 1975. Mr. Cook received both a B.A. in psychologhy in 1972 and J.D. from the College of Law in 1975 at the University of Cincinnati.
Attorney
Braxton Crenshaw Law Office
Lexington, KY
Braxton Crenshaw attended the University of Kentucky where he earned a B.B.A. in Marketing in 1992 and the University of Kentucky College of Law earning his J.D. in 1996. He practices general law including criminal defense, domestic relations, probate, mental health and other areas of civil law in his own law office. Additional work experience include serving as a Trial Commissioner with the Kentucky Bar Association, a Hearing Officer with the Commonwealth of Kentucky Board of Claims, and a volunteer Mediator with the Lexington Mediation Center.
Retired
Lexington, KY
Susan Crone has worked in both the private and public sector for over 30 years with adults and youth with physical and mental disabilities. During her tenure with the Cabinet she served as a rehabilitation instructor working with adults with a dual diagnosis at Eastern State Hospital and for 18 years with the Cabinet for Families and Children's Public Guardianship Program as a front line case worker, regional supervisor, branch manager for Adult Protective Services and Guardianship, and an internal policy analyst. Sue holds a B.A. in Social Sciences from Lebanon Valley College, PA, and is a National Certified Guardian through the Center for Guardianship Certification, an allied foundation of the National Guardianship Association and a charter board member of the Kentucky Guardianship Association. Since her retirement in 2008 she has remained active in guardianship and adult protection issues through the Kentucky Guardianship Association, the National Guardianship Association, the National Adult Protective Services Association and as a speaker/trainer on guardianship in Kentucky.
Division of Guardianship Director
Department for Aging and Independent Living, Cabinet for Health and Family Services
Frankfort, KY
Phyllis E. Culp, R.N., M.S.W. is Director of the Division for Guardianship in the Department for Aging and Independent Living. Ms. Culp has a Diploma of Nursing from the Ball Memorial Hospital School of Nursing in Muncie, Indiana. She received her Bachelors Degree and Masters Degree from the University of Kentucky (UK). In addition, she earned Post Masters Certificate in Gerontology at the Sanders-Brown Center on Aging. She has managed a geriatric mental health center and has a long career in nursing. She has worked for DAIL for over eight years and has had primary responsibility for the Council on Alzheimer’s Disease and Other Related Dementias, developed the Kentucky National Family Caregiver Support Program, has been both grant writer and Project Director for the Administration on Aging (AoA) Alzheimer’s Disease Demonstration Grant, State Planning Grant and the Aging and Disability Resource Center Grant.
Staff Attorney Supervisor
Department of Public Advocacy, Protection & Advocacy Division
Frankfort, KY William Dolan is a Staff Attorney Supervisor with the Division of Protection and Advocacy in Frankfort. His practice involves assisting adult individuals with disabilities pursue legal, administrative and other appropriate remedies. He received a B.A. degree, magna cum laude, in Business Administration from Carthage College, and a J.D. from the Louis D. Brandeis School of Law, University of Louisville where he served as a member of the Journal of Law and Education. He formerly clerked for Joseph R. Huddleston, Kentucky Court of Appeals and practiced with O'Bryan, Brown & Toner, PLLC
Training Specialist
Eastern Kentucky University
Department for Community Based Services Training Office
Owensboro, KY
Norman Hayden has provided protective services to individuals and families in Kentucky for over fourteen years in a variety of roles including direct service worker, supervisor, and trainer. Currently, Mr. Hayden provides training and consultation for the Cabinet for Health and Family Services, Department for Community Based Services on Adult Protective Services, for victims of elder maltreatment, domestic violence, and vulnerable adult populations. Mr. Hayden also provides medical social services to individuals with a terminal illness and their families through Hospice of Western Kentucky. Mr. Hayden completed his undergraduate degree in Psychology at the University of Louisville. He earned a Master’s Degree in Social Work from Western Kentucky University and is licensed as a Certified Social Worker (C.S.W.).
Division Chief
Jefferson County Attorney's Office, Mental Inquest and Guardianship Division
Louisville, KY
Jennifer Leibson serves as Division chief for the Mental Inquest and Guardianship Division in the Jefferson County Attorney's Office and is an Adjunct Professor at the University of Louisville, Brandeis School of Law. She received her B.A. Degree, cum laude, in French From the University of Cinicinnati; M.A. in French from the University of Miami, Ohio; and her J.D. From the University oof Dayton, Ohio. She formerly clerked in the Montgomery County Ohio Prosecutor’s Office. Jennifer is involved with numerous community organizations including Project Women, Spina Bifida Association of Kentucky, Jewish Community Federation, Louisville Metro Elder Abuse Fatality Review Committee, Louisville Elder Abuse Services Coordinating Committee and Habitat for Humanity.
Attorney
McClelland and Associates
Lexington, KY
Robert L. McClelland is a Lexington attorney licensed in Kentucky and West Virginia, recognized by his peers and clients alike for his experience as an Elderlaw and Estate Planning.In 1972 he earned a B.S. from the University of Charleston and in 1983 he earned a J.D. from Northern Kentucky University, Salmon P. Chase College of Law. After practicing 26 years, he has focused his practice to counsel aging clients and special needs families regarding asset protection, Guardianship, Special Needs Planning, public benefits, Probate and Estate Administration. Mr. McClelland is personally a fiduciary and special needs Trustee in multiple cases for disabled clients. Beyond the expertise within Mr. McClelland’s office, he is a member of the Kentucky Bar Association’s Elder Law Committee, National Academy of Elder Law Attorneys, Inc., the Special Needs Alliance, ElderCounsel, LLC, the Bluegrass Estate Planning Counsel, Southeast Estate Planning Forum and WealthCounsel, LLC., all are national collaboratives of the top elderlaw and estate attorneys, offering access to top professional financial advisors, insurance professionals, certified public accountants and other attorneys who may have special expertise relevant to a particular client’s case. McClelland has been published repeatedly on issues familiar to attorneys with older clients and has spoken for the Kentucky Bar Association Annual Conference multiple times on senior issues and is called upon to give continuing legal education workshops on guardianship, Medicaid planning and estate planning strategies to attorneys, social workers, nursing home professionals.
Nurse Consultant/Inspector
Adult Safety Branch/ Medical Support, Department for Community Based Services
Cabinet for Health and Family Services
Lexington, KY
Jeanie Neikirk, R.N., is employed as a Nurse Consultant/Inspector for the Adult Safety Branch/Medical support with the Cabinet for Health and Family Services. Her main function is to provide medically-related consultation regarding the Adult Services population on adult abuse, neglect and exploitation in home or institutional settings. In addition, she provides consultation to state guardianship staff regarding medical issues and DNR requests for state guardianship clients. She graduated from Eastern Kentucky University with an Associate Degree in Nursing in 1975. She is certified by the Centers for Medicaid Services as a Nursing Consultant. Her experience includes 15 years of hospital nursing in ICU, ER, and OB/GYN settings, a former inspector with the Inspector General’s office for licensed health care facilities, and case management with a managed care company. Jeanie serves as a member on the State-wide Folic Acid committee, Elder Abuse Committees in Fayette, Scott and Madison counties and is a member of the Cabinet for Health and Family Services Adult Health Care Advisory Committee related to medical decisions for incapacitated adults served by the state public guardianship program.
Medical Director Norton Hospital
Norton Healthcare
Louisville, KY
Dr. Robert Powell has served as a community member of the Cabinet for Health and Family Services Adult Health Care Advisory Board, which was actively involved in the development of protocol and standards of practice related to medical decisions for incapacitated adults served by the state's public guardianship program. He earned a B.A. In English and Chemistry from Belmont College and graduated from the University of Louisville School of Medicine with his M.D. In 1962. A Viet Nam era Veteran, he completed his residency in Internal Medicine and a Fellowship in Pulmonary Diseases, served as an instructor and assistant professor in pulmonary disease at the University of Louisville and practiced privately in pulmonary disease and critical care. He has been Medical Director at Norton Hospital since 1998 and Medical Director Respiratory Care Program at JCTC since 2005. He has served on numerous boards and committees that address ethics and quality of life issues. Caring for patients with respiratory illness which frequently required ventilatory support and other life sustaining treatment, diagnostic tests and medical interventions stimulated his interest in medical treatment and end of life decision making. He has been especially interested in learning, practicing and guiding others in a humane, legal, and ethical approach to these subjects.
Nursing Home Coordinator/Team Leader
Hospice of the Bluegrass
Lexington, KY
Tracey Ragone earned her B.S.W. From the University of North Carolina at Greensboro in 1986 and has worked for over twenty years as a licensed social worker in acute hospital and long term care settings. She has been a member of the Nursing Home Team with Hospice of the Bluegrass for over fifteen years and currently serves as Coordinator/Team Leader. Ms. Ragone was one of the original community partners agreeing to serve on the Cabinet for Health and Family Services Adult Health Care Advisory Committee. She continues to serve on this committee sharing the community perspective on medical issues of individuals served by the public guardianship program and also serves on the Ethics Committee for Hospice of the Bluegrass.
Director of Fiduciary Services
GuardiCare Services, Inc.
Louisville, KY
Becky Smith serves as Director of Fiduciary Services at GuardiaCare Services, Inc., Louisville, Ky. a private non-profit agency providing services primarily to older persons who need assistance with managing their financial or personal affairs. Over the past twelve years, she expanded the Fiduciary Services program at GuardiaCare and started the guardianship services currently offered by the agency. The program provides Representative Payee Services for over 140 persons and has court appointments for over 150 persons as Guardian or Curator. She is also a Faculty-Field Liaison with the Kent School of Social Work at the University of Louisville. She supervises students who are completing a practicum in the community. Ms. Smith is a member of the National Guardianship Association, charter board member for the Kentucky Guardianship Association, a past president and charter board member of the Kentucky Association for Gerontology, licensed as a Certified Social Worker in Kentucky and is certified as a National Certified Guardian (NCG) with the Center for Guardianship Certification. She received her BA and MSSW from the University of Louisville.
Attorney
Bullock and Kauffman, LLP
Lexington, KY
Upon his graduation from Transylvania University with a B.A. Degree in 1990, Ross Stinetorf entered law school at the University of Kentucky School of Law. He earned his J.D. ,passed the bar exam, and joined the law firm of Todd & Walter in 1993. Mr. Stinedorf has accepted appointment as Counsel for the respondent, representing incapacitated individuals in adult guardianship cases, and as guardian ad litem for neglectd and abused children. Mr Stinedorf developed a general legal practice representing clients in such areas as domestic relations, employment law, personal injury, social security disability, domestic violence, and criminal law.
Director and Chairperson, Graduate Center for Gerontology
University of Kentucky
Wethington Health Sciences Building
900 South Limestone
Lexington, KY 40536-0200
859-257-1450 EXT 80196
pteaster@uky.edu
Pamela B. Teaster is a Professor and the Director of the Graduate Center for Gerontology at the University of Kentucky. She serves on the Editorial Board of The Gerontologist, the Journal of Applied Gerontology, and the Journal of Elder Abuse and Neglect, of which she is a former editor. She is the President of the National Committee for the Prevention of Elder Abuse and is the first president of the Kentucky (KY) Guardianship Association. She recently served on the National Academy of Sciences Committee on Social Security and Representative Payees, the American Bar Association Commission on Law and Aging, the Center for Guardianship Certification. She is a Fellow of the Gerontological Society of America and a recipient of the Rosalie Wolf Award for Research on Elder Abuse. Current research projects include: exploring linkages between poverty and elder abuse (KY Center for Poverty Research), a prevalence study of nursing home abuse (private donors), A Week in the Life of APS in Kentucky (University of KY and the KY Cabinet for Families and Children), court-focused elder abuse initiatives (The National Institute of Justice), and an evaluation of the public guardianship programs in Florida (FL Department of Elder Affairs). She has recently conducted a national survey of elder and vulnerable adult abuse (National Center on Elder Abuse), public guardianship systems (The Retirement Research Foundation), and the sexual abuse of vulnerable adults in institutions (National Institute on Aging). She is the author of over 70 peer-reviewed articles, reports, books, and book chapters.