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1.GUARDIANS OF THEPROPERTY TRAININGDisabled Persons

2.WELCOMEPart 1: Guardianship TermsPart 2: Role, powers, and dutiesPart 3: Government BenefitsPart 4: Abuse, neglect, and exploitationPart 5: Changes to the guardianship

3.PART 1: GUARDIANSHIPTERMSKey terms and roles Disabled Person Court Guardian Guardianship Estate Clerk/Trust Clerk Interested Persons Other Parties

4.DISABLED PERSONAlso called:Disabled adultWardIncapacitated personPerson underguardianshipVulnerable adultLacks the physical ormental capacity toprovide for their personalor financial needs

5.COURTThe court is the ultimateguardianMonitors theguardianshipYou are its agent Review reports Address issue or problems

6.GUARDIANTwo types:1. Guardian of the PersonPublic Guardian2. Guardian of the Property (Fiduciary)Co-Guardians

7.GUARDIANSHIP ESTATEThe disabled person’s assets (property) that areunder guardianship, including any: Income Real or personal property Benefits Stocks, bonds, investments

8.CLERK/TRUST CLERKCourt employee whose responsibilities may include:Managing the guardianship caseProcessing all case paperworkCollecting feesProviding court formsSending out noticesAnswering questions about court processReviewing reportsReporting problems to the court

9.INTERESTED PERSONSInclude:The disabled personThe disabled person’s Spouse Parents Children (aged 18 ) Other relatives HeirsAgencies the disabled person receive benefits and services fromAny other persons named by the court

10.PART 2: ROLE, POWERS,DUTIESFiduciary ResponsibilitiesFiling and reporting requirementsCommissions and expensesGovernment Benefits

11.ROLE AS GUARDIAN OF THEPROPERTYFiduciaryPrimary Responsibilities:1. Act only in the best interest of the disabled person2. Manage the disabled person’s money and propertycarefully3. Keep the disabled person’s money separate from your own4. Keep good records

12.ROLE AS GUARDIAN OF THEPROPERTYDECISION-MAKING STANDARD:“[E]xercise the care and skill ofa [person] of ordinary prudencedealing with his own property.” Spend money wisely Protect property as if it is yourownRead the guardianshiporder! What you can and cannot do Proof of appointment and yourauthorityMismanagement can result in: Removal as guardian Lawsuit Repay guardianship estate

13.POWERS AND DUTIESDay-to-day management• Pay bills, arrange for transportation, clothing, housing, support, care, protection, welfare, andrehabilitation needsCollecting income• Including rents, pensions, Social Security, and debts owedManaging property• Including rental property (e.g., entering into and enforcing leases, making repairs/improvements,collecting income, hiring agents)Paying Taxes• Prepare and file state and federal taxes before April 15th of each year• You must file taxes in the disabled person’s name and social security number and signed by youas “Guardian for [name of Disabled Person], an incapacitated person.”Financial Planning• Ensure guardianship estate covers current and future needs (hiring accountants, financialadvisors, other professionals)

14.FILING AND REPORTINGREQUIREMENTSInitial Inventory Assets and income in the guardianship estate File within 60 days of appointment date Use Form CC-GN-011 Include description and fair market values of Bank accounts Stocks and bonds Real estate Mortgages Other valuable property

15.FILING AND REPORTINGREQUIREMENTSAnnual Fiduciary’s Account Status of all income and assets in theguardianship estate File each year within 60 days of appointmentdate Use Form CC-GN-012Example:Date ofAppointmentFiduciary’s AccountDue• March 1, 2017• Each year by April 30th

16.FILING AND REPORTINGREQUIREMENTSFiduciary’s Account Contents:• List of all assets in the fiduciaryestate• Values and location of all assets• Balances of any bank accounts• All expenses paid since the lastreport• Assets added to or removed fromthe estate• Status of the fiduciary bond (if any)Attach Documentation Expenses and disbursements Value of bank accounts Income received Types Investment, or other account statements Copies of cleared checks and deposits Receipts for all items purchased using fundsfrom the guardianship estate Settlement sheets on the sale or transfer ofreal property Paystubs Annual social security benefit reports Nursing home or in-home care expenses

17.FILING AND REPORTINGREQUIREMENTSFiduciary’s Account Provide copies to Interested Persons (upon request) Court review Order accepting Other actions Order to appear Show cause hearing*Keep good records!

18.COMMISSIONS ANDEXPENSESBased on value and size of the guardianship estate Reimbursement for actual and necessary expenses Commissions Income commissions Corpus commissions Commissions on the sale of real property

19.COURT AUTHORIZATIONYou MUST get prior court approval to:File the Annual Fiduciary’s Account lateClose a guardianship accountAsk the court forpermission in writingPay attorney fees over 50Make charitable donations or gifts from the guardianship estateMake loans from the guardianship estateSell any assets in the guardianship estate to family or friendsPay recurrent or monthly disbursements (payments) or expenses to you (theguardian) directly from the guardianship accountMake any major single disbursements over 10,000 or (10% of the total value ofthe estate, whichever is lower) made from the guardianship account to a third party

20.PART 3: GOVERNMENTBENEFITSDeposit benefits to a guardianshipAccountSocial Security Administration (SSA) Supplemental Security Income (SSI) Social Security Disability Insurance (SSDI) Apply to become a Representative Payeewww.ssa.gov/payeeVisit a local Social SecurityAdministration office Annual recertification Public Assistance for SSA Beneficiaries Local Department of Social Services (DSS) Local Area Agency on Aging (65 )U.S. Department of Veterans Affairs(VA) Apply to become a VA Fiduciarywww.benefits.va.gov/fiduciaryVisit a local VA office

21.MEDICAL BENEFITSMedical Assistance Programs Medicaid/Maryland Medical Assistance Low income individuals Medicare Adults over 65 and certain people with disabilities Maryland Health Connection Insurance marketplace Prescription Programs*Guardians of the Property: Apply on behalf of the disabled person

22.PROGRAM ELIGIBILITYTo determine eligibility or access services, contact: Local Department of Social Services Local Area Agency on Aging (65 )

23.PART 4: ABUSE, NEGLECT,AND EXPLOITATIONTypes and signsPeople under guardianship oftentargeted because of: Age Physical, intellectual, or emotionallimitations Dependence on others for basicneeds Inability to communicate they arebeing hurt Limited ability to recognize and avoiddangerVictims of crime can suffer fromphysical psychological, andA signal indicator isusually not proofLook for patterns or suggestionsof a problem

24.PHYSICAL ABUSEUse of force that may result onbodily injury, physical pain, orimpairmentSignsComplaintUnexplained or poorly explainedinjuries• Fractures,Hitting,sprains,beating,dislocations,bleedingpushing,• Bruises, bites,cuts,shaking,sores, burns,scars,shoving,or slappinghead traumaBehavior Changes• Withdrawal, aggression, regression,depression Kicking, pinching, choking,• Substance abuse,attemptsescape,hair pulling,ortoburningSuddenChangeswariness, fear• Weight loss, tooth loss, or hair lossUse of drugs or physicalOther restraints, force-feeding,driving,physical• Different recklessexplanationsfor injuries• Fear of a punishmentparticular person• Frequent/suspicious hospitalizations• Delays in treatment

25.SEXUAL ABUSENonconsensual sexual contact of anykindIncludes: Rape and molestation Sexual conduct with a person unable toconsentVictims include: Women and men Children and people with disabilitiesespecially vulnerableSignsComplaintInjuriesBehavior Changes• Inappropriate,unusual, or aggressivebehavior• Bedwetting, sleepdisruptions• Fear of the dark,

26.EMOTIONAL ABUSEThe infliction of pain, anguish, ordistressAlso known as psychological abuseSignsComplaintChangesVerbal assaults,threats• Weightinsults,loss or gain• Depression, confusion,Intimidation,agitation,withdrawalhumiliation,Physicalharassmentsigns• Rashes, hives, facial tics,stomachaches, elevatedIsolationfrom family,blood friends,pressure activities• Nervous habits (biting,rocking, head-banging,

27.PERPETRATORS OF ABUSECan be anyone Often someone the victim knows Family members Acquaintances Dating partners Caregivers

28.NEGLECTA caregiver’s refusal or failure toprovide for a person’s basic needs Food, water, clothing, shelter Personal hygiene, medication, comfort,personal safetyPassive neglect Caregiver unable to fulfill obligationsIntentional neglect Caregiver able to but refuses to fulfillobligationsNeglectors can be family members,caregivers, or staff at care facilitiesPoor hygiene (lice, scabies, severe oruntreated rashes or wounds, bedsores)Malnutrition or dehydrationHazardous or unsafe conditions (badwiring, no heat, poor plumbing,unsanitary conditions)Dirt, fleas, bed bugs, soiledbedding, odorsInadequate clothing, lack of basicmedical care or medicationsExposure to elements (sunburn, bites,cold)Behaviors that are not age-appropriate(wetting, soiling)

29.SELF-NEGLECTWhen a person refuses to carefor him/herself Declining health Mental health issues Dementia Substance abuse Depression Significant mental illnessFailure to care for food,clothing, personal hygiene,medical needsMalnutrition, dehydration,untreated or poorly treatedmedical conditionsHoarding, cluttering,unsafe/unsanitary livingconditions, (poor wiring, noheat, bad plumbing)

30.RESPONDING TO SUSPECTEDABUSE OR NEGLECTIf someone is in immediate danger, call 9-1-1.Suspect abuse? Child Protective Services (under 18 years old) Adult Protective Services (over 18 years old) Investigate concerns about the safety or well-being of children and vulnerableadults Offer services and support Leave investigation to the professionals

31.PREVENTING ABUSE ANDNEGLECTVisiting the person under guardianship Monitor care Track changes Behavior, physical appearance, physicalsurroundings Specific complaints Unexplained injuries or conflicting explanations Depression, fear, agitation, withdrawal Appropriate clothing, hygiene, living space Track people Specific complaint Reluctance/unwillingness to see certain people Interference by othersReceivingpropercare?Is moneypaid beingusedproperly?Food,housing,clothingneeds met?Suspiciousdoctor/hospital visits?Conflictingexplanations forinjuries?

32.FINANCIAL EXPLOITATIONTheftTheft or misuse of anotherperson’s money, property, orbelonging for personal benefit Deception Harassment ThreatsGuardians of the Property Can identify, stop, and preventfinancial exploitation BewareMany types of financialexploitation• Taking money or personal propertyFraud• Acts of deception or misrepresentation• Falsification of documents, forgeries,check fraud, investment fraud, mortgagefraud, insurance fraudIdentify Theft• Illegal access to and use of personal orfinancial information (name, SSN, DOB,credit card/bank account numbers)Marketing/Lottery Scams• False promises of cash, services, or goodsin exchange for fees, donations, orpersonal information• Phone, e-mail, mail, ads, or in-person

33.SIGNS OF FINANCIALEXPLOITATIONMissing money or propertyFrequent or large “gifts” to caregivers, someone with access, new“friends”Unauthorized withdrawals or transactions, new names onaccountsChanges to wills, life insurance policies, retirement accountsServices or goods that are paid for but not renderedMissing mail, alerts about new accountsPressure to use guardianship powers inappropriately

34.PREVENTING FINANCIALEXPLOITATIONRestrict access to accounts orpropertyDo not share: Social Security Number Credit card information Account numbers PasswordsKeep good records Money in and out Actions you take Secure recordsMonitor accounts and billsTips:Never write blank checksGet a safeDon’t sign if you don’tunderstandWatch for undue influenceWatch for “too good to betrue” dealsMonitor people

35.FINANCIAL EXPLOITATIONRemember: Culprits may be friends, family, caretakers, financial planners, strangers, or conartists Signs include: Missing money Unauthorized transactions Unexpected alerts about new accounts Prevention requires: Good recordkeeping Guarding financial information and documents

36.PART 5: CHANGES TO THEGUARDIANSHIPTerminationResignationRemovalEnd of Appointment

37.TERMINATIONThe guardianship can terminatewhen:Upon death Disabled person dies Disabled person recovers fromdisability (cessation) Other good causeRecovery from disabilityNotify the court! Within 45 days: Petition to Terminatethe GuardianshipShow cause order• Copy of death certificate• Physician examination within 21days of filing the petition• Medical Certificate – Cessation ofDisabilityGuardians of the property• Include a final Fiduciary’s Account• Proposal for distribution ofremaining assets

38.RESIGNATIONNo longer able to serve?Petition for Resignation of Guardian May request: Substituted or Successor Guardian (replacement) Include a final Fiduciary's AccountShow cause orderResignation not automatic Court order accepting your resignation Continue responsibilities as guardian

39.REMOVALRemoval as guardian Court – Show cause Petition from Interested person – Petition for Removal of GuardianHearing Removal Perform neglected duties Other sanctionsRemoval not automatic Court order removing you as guardian Continue responsibilities File a final Fiduciary's Account

40.END OF APPOINTMENTRights and responsibilities end upon terminationDoes not discharge you from liability for wrongful acts

41.QUESTIONS?Visit: www.mdcourts.gov/guardianship Forms Videos Resources

42.GUARDIANS OF THEPERSON & PROPERTYTRAININGDisabled Persons

43.


Real estate. Mortgages. Other valuable property. The Inventory is a listing of all assets and income in the guardianship estate at the time a guardian is appointed. The inventory lets the court know what is in the guardianship estate and will be used to compare future reports. You must file the inventory with the court within . 60 days of ...

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