|
WINGS MN held its 5th Annual Summit, Supported Decision Making and Guardianship: The Times They Are A'Changin' on 5.17.19: we had 137 registered attendees, who enjoyed a busy day of presentations and discussion, including Chief Justice Gildea's remarks about the importance of improving guardianship and the Court's priority focus on this, Person Centered Thinking 201, by Sarah Stein of STAR Services; MyMNGuardian Demo & Courts Online Training by Hassan Shahid and Sarah Bechtold, of the MN Judicial Branch; Implementation of the Strengthening Protections for Social Security Beneficiaries Act of 2018 by Doug Nguyen and Ann Robert of SSA; Representative Payee Monitoring by Anna Solowiej, MN Legal Aid; Supported Decision Making Across the River by George Zaske, Zaske Law Office; Guardianship Complaint Advocate Pilot Project:Overview of Project Outcomes, by Marit Peterson, MN Elder Justice Center; Tackling Guardianship Challenges: A Multi-Disciplinary Perspective, with Referee Joel Olson, Daniel Blakely, Amanda Hudson, Genevieve Gaboriault, and Brianna Foulke, facilitated by Mary McGurran; and two individuals who shared their personal stories of guardianship and supported decision making: Michael Latawiec and Kerry Gerber. Summit handouts, attendees and more available here.
Special thanks to LSS for hosting the event, to WINGS MN Summit Planning Committee (Dan Blakely, Kathleen Carlson, Amanda Hudson, John Kantke, Jamie Majerus, Alicia Munson, Doug Nguyen, Karen Peterson, Delaine Remes, Anita Raymond, and Jennifer Wright) and individual donors whose contributions helped make the day possible and helped to keep registration fees down: Karen Peterson, Sheree Stadler, and Sandra Moore.
|
|
|
WINGS Summit Speakers (from top, left to right) Jamie Majerus, Chief Justice Gildea; Panelsts: Amanda Hudson, Brianne Foulke; Genevieve Gaboriault, Referee Joel Olson, Dan Blakely, Mary McGurran; Michael Latawiec, John Kantke; Sarah Stein; George Zaske; Marit Peterson, Shannon Butler, Kerri Gerber
|
|
|
|
WINGS MN SUMMIT 2020 SAVE THE DATE(S)
We're still trying to settle on a date, but it will likely be either 4/16/20 or 5/7/20; watch for announcements in coming months, as well as informaton about our new location! Contact us at CESDM@voamn.org if you'd like to help us plan the Summit.
|
|
|
|
Center for Excellence in Supported Decision Making
Ask an Expert
Q: I have a patient who needs to be discharged from the hospital but can’t return home due to confusion and falls. He has a daughter but she’s out of state, and they only talk a few times a year. He says he doesn’t want to go to a nursing home and only wants to return to his home. He’s not sure about his finances, but his daughter thinks he receives social security and likely doesn’t have a lot of assets. I think we need a guardian so that we can get him placed.
A: If the patient gives permission, perhaps looping his daughter in as an informal support to offer advice and reassurance to her dad about next steps might be helpful. If the potential placement option knows there is a family member and emergency contact that can help with a smooth transition. At times taking the approach of the placement as a temporary next step while “things get figured out,” or “you get stronger/better,” can ease a person’s mind. Taking a therapeutic approach to the topic and allowing the person to maintain hope about the future may allow them to better accept their next step.
Starting the MA process so that he has a pending status can help with placement as well, so that the receiving facility knows there’s a payer source.
If possible, break down with the next step is for the patient. Instead of saying “You aren’t safe to go home so the doctor is recommending you discharge to an assisted living facility or TCU,” explain in more clear terms to the patient. “Since your fall and fx, the doctor would like you to get stronger before you get back home. There are a few nice places near your neighborhood that have private rooms, a nice patio space where you can watch the birds, and nurses there if you need anything. The staff there will help you plan your next step as you get stronger. Do you think you could try it for a little while?” Reapproaching the conversation, allowing the patient some time to think, and also asking them what their worries are about not returning home can be helpful in guiding them to make the necessary transition.
Have a question about guardianship, supported decision making, or related topic? Contact the Guardianship Information Line at cesdm@voamn.org or 612-952-4174 or 1-844-333-1748
|
|
|
|
In August, through funding from a National Resource Center on Supported Decision Making grant and with support from our ACL grant, CESDM published a 99-page resource, CESDM Guide to Supported Decision Making in Minnesota: A Resource for Families and Other Professionals. This resource, aimed at families, will also be useful to professionals; readers will find lots of information including explanation of SDM, examples of how it’s being used, myths and facts about guardianship and specific populations, rights of people under guardianship, less restrictive alternatives to guardianship, and more. We invite you to share this document within your professional communities and with people who may benefit from this practical, informative approach to explaining guardianship and supported decision making. It’s available for free download, printing, sharing from our website https://www.voamnwi.org/pdf_files/cesdm-guide-to-supported-decision-making We also have printed copies that we can mail to individuals who do not have easy access to the internet, would benefit from paper copy but don’t have a printer, etc. Please contact us to discuss getting paper copy to you/the person you are helping at cesdm@voamn.org
|
|
|
Local News & Announcements
|
|
|
MYMNGuardian Training Now Available
Jamie Majerus, Internal Audit Manager, State Court Administrator’s Office, Minnesota Judicial Branch
We are now less than one month from the launch of the MyMNGuardian tool. The exciting and much-anticipated tool for court appointed guardians will streamline and improve the process for guardians to interact with the court. I and members of the project team have had the pleasure of previewing the system at meetings over the past few months, including at the WINGS Annual Summit in 2018.
MyMNGuardian will allow court-appointed guardians to electronically submit personal well-being reports (PWBR) and corresponding affidavits of service to the court. The tool has a responsive interface to make the completion and submission of PWBR easier and less confusing and laborious for guardians. MyMNGuardian will also generate automatic e-mail reminders and optional text reminders for guardians when a deadline to submit a report is approaching.
Use of the tool is voluntary, however I strongly encourage professional guardians to participate in one of the 60-minute online trainings to get comfortable with the interface so they are ready to start using it. Because the tool is mobile-friendly, guardians will be able to use any browser or device to access it. Guardians who do not already have a MyCourtMN account will need to sign up for one in order to use MyMNGuardian.
In 2018 there were more than 26,000 PWBRs submitted, and more than 3,000 new guardianship cases filed. MyMNGuardian will be one of the most-used tools on the Minnesota Judicial Branch website. Training opportunities and more information about MyMNGuardian are available online: mncourts.gov/Help-Topics/MyMNGuardian.aspx
Updates have been made to the Minnesota Judicial Branch public website to prepare for the launch of MyMNGuardian. There are now two new Help topics: one for Guardianship and one for Conservatorship. The two Help Topics were previously combined into one large page, which created barriers for Minnesotans looking for information. To make it easier to navigate between both pages, each page prominently displays a link to the other, in the upper right hand corner.
I recognize that the role of a guardian is unique to each individual and ward. It is often a substantial undertaking and never entered into lightly. We appreciate the critical role guardians play in the justice system and are pleased to be nearing the launch of a tool that should make your work on behalf of a ward easier and more efficient.
|
|
National Scope: WINGS &
Supported Decision Making News, Tools, Resources
|
|
|
The Center for Public Representation, a national legal advocacy center for people with disabilities recently introduced a comprehensive webpage on Supportive Decision Making, featuring SDM stories, a resource library, and more. Check it out here!
Earlier this year, the National Center for State Courts introduced a free online training course: Finding the Right Fit: Decision Making Supports and Guardianship. According to the National Center on Law & Elder Rights, the training "provides information and guidance on How to support friends and loved ones in making their own choices about their health, finances, and lifestyle; Legal options, including powers of attorney and advance directives; How to become a guardian; How a guardian can support a person's decision-making; Identifying and understanding the risk of abuse, neglect, and exploitation that comes with any of the above options." |
|
National Core Indicators , "a voluntary effort by pubic developmental disabilities agencies to measure and track their own performance" published a Data Brief in April: What Do NCI Data Reveal About The Guardianship Status of People with IDD? exploring the characteristics and outcomes of people with IDD who have guardians compared to those without guardianship. A very interesting and sobering report!
The National Center on Law & Elder Rights Practice tip for June 2019, by David Godfrey, American Bar Association Commission on Law and Aging is focused on tips for family guardians: !0 Tips for Guardians of Older Adults.
|
|
Elder Justice and Maltreatment of Vulnerable Adults: Trainings, News, Briefs, Resources
|
|
|
ACL Seeks Public Input on Elder Justice Issues in Rural Communities: Feedback Welcomed Online and In Person
ACL wants to hear your thoughts and ideas for the future activities of the Elder Justice Coordinating Council (EJCC), particularly in how the EJCC can best address the unique elder justice concerns in rural areas. The EJCC coordinates activities related to elder abuse, neglect, and exploitation across the federal government. We want to know what issues you think the EJCC should prioritize over the next two years. You can submit comments electronically to ejcc@acl.hhs.gov with “Thoughts and Ideas” in the subject line through December 31, 2019. Visit the EJCC Public Input webpage for more information.
ACL Launches Online Hub of Elder Justice Resources "ElderJustice.acl.gov serves as a gateway to seven ACL resource centers which disseminate information to professionals and the public; collaborate on research; and provide technical assistance and training to professionals, states, and community-based organizations...ACL believes that strong, stable communities with structures to support people of all ages and abilities not only ensure justice and dignity for older people and people with disabilities, but also secure the well-being and quality of life of us all." These resource centers include:
The National Adult Protective Services Technical Assistance Resource Center (APS TARC)
The National Adult Maltreatment Reporting System (NAMRS)
The National Center on Elder Abuse (NCEA)
The National Center on Law & Elder Rights (NCLER)
The National Long-Term Care Ombudsman Resource Center (NORC)
In June the Department of Justice announced the new Transnational Elder Fraud Strike Force, "a joint law enforcement effort that brings together the resources and expertise of the Department of Justice’s Consumer Protection Branch, the U.S. Attorneys’ Offices for six federal districts, the FBI, the U.S. Postal Inspection Service, and other organizations. The Strike Force will focus on investigating and prosecuting individuals and entities associated with foreign-based fraud schemes that disproportionately affect American seniors. These include telemarketing, mass-mailing, and tech-support fraud schemes.
In coordination with World Elder Abuse Awareness Day in June, the National Center on Elder Abuse (NCEA) announced new resources about elder abuse for Chinese, Korean, and Spanish speaking communities to learn about how to prevent and address elder abuse.
The National Center on Law & Elder Rights Practice tip for October 2018, by David Godfrey, American Bar Association Commission on Law and Aging is a great tool to help prevent and spot elder abuse: Understanding Undue Influence.
|
|
|
The Social Security Administration (SSA) and its Office of the Inspector General (OIG) launched a joint Public Service Announcement (PSA) campaign addressing a nationwide telephone impersonation scheme. Social Security and the OIG continue to receive reports from across the country about fraudulent phone calls from people falsely claiming to be Social Security employees. Calls can even “spoof” Social Security’s national customer service number as the incoming number on the caller ID....Social Security employees do occasionally contact people--generally those who have ongoing business with the agency--by telephone for business purposes. However, Social Security employees will never threaten a person or promise a Social Security benefit approval, or increase, in exchange for information. In those cases, the call is fraudulent and people should not engage with the caller. If a person receives these calls, he or she should report the information to the OIG Fraud Hotline at 1-800-269-0271 or online at https://oig.ssa.gov/report. The new PSA addressing the telephone impersonation scheme is available online at www.youtube.com/socialsecurity
|
|
The Center for Excellence in Supported Decision Making is funded in part by an Elder Justice Grant from the Administration for Community Living to bring significant systems change to MN’s practices regarding how guardianship is used, and sometimes overused, with vulnerable adults with cognitive and intellectual challenges through individual case work and through convening WINGS MN.
Through the statewide Guardianship Information Line, CESDM provides information, consultation, advice, referrals and assessments regarding adults with questionable-decisional capacity to find the most appropriate intervention to ensure well-being, supports formal and informal decision-makers so they’ll be engaged, effective and person-centered, as well as guardianship complaint advocacy.
WINGS Minnesota is a collaborative which is dedicated to supporting elders, persons with disabilities, family members and helpers, service providers, guardians and conservators through education; building a system that prioritizes supportive decision making and less restrictive alternatives to guardianship, and that maximizes autonomy for persons under guardianship; and sustaining a cooperative conversation where all guardianship stakeholders work to improve outcomes and increase self-determination for people who may need assistance making legal or medical choices.
|
|
|
|
The work of CESDM and WINGS MN is supported in part, by a grant (No. 90EJIG0002-01-00) from the Administration for Community Living, U.S. Department of Health and Human Services (HHS). Grantees carrying out projects under government sponsorship are encouraged to express freely their findings and conclusions. Therefore, points of view or opinions do not necessarily represent official Administration for Community Living or DHHS policy.
|
|
|
|
|
