Guardianship- What it is and what it isn't.

Kim LeRoux - Monday, April 11, 2016

Well, your child is turning 18. What now? There’s the question of transition in the school system, what to do about a job, will they have services, how will services be delivered, and then there’s the question of guardianship.  And the school system may or may not discuss things with you now that the young person is at the age of 18. But they still need help making those decisions.  They can’t make them on their own.  What if something happens?

                Do you go for guardianship of your child, sibling, cousin, or other family member?  That’s a good question.  As an SCE or Support Coordinator External, I help families find resources all the time.  It can be confusing, scary, and without some direction, it can be downright difficult to figure things out completely on your own. Sometimes I’m asked for a professional opinion.  Here is my standard pat answer. 

                You will have to attend a court proceeding to obtain guardianship of someone after they turn 18.  People with disabilities age out of child centered systems just like non- disabled people.  And when they turn 18, they become their own guardian.  So, in short, just because someone has a disability, they still become a legal adult like everyone else. 

                Does the person want a guardian? Meaning, will they want to contest the petition for guardianship? They may fight the process completely, which means, it will be contested, so be ready for that.

There is a process, and you must provide an attorney for your prospective “ward” or person you are trying to get guardianship of as well as court and filing costs.  And yes, you do have to go to court.  If there was not a court proceeding, you are not a guardian, regardless of the functioning of your loved one.

                It’s really important to know what guardianship covers and what it doesn’t cover.  Things it does cover would be medical decisions, financial decisions, programming or habilitative decisions, and education.  And there are two different types of guardianship too.  There is a plenary or full guardianship which treats the person much like a minor.  There is a partial guardianship, which can be a mixture of those above areas.  You want to go with the least restrictive if you can. 

                Also, right now, if there is a life changing event, or tragedy, the filing fees and court costs can be much lower. 

                There can be up to three guardians, with one guardian acting as a “team captain” or lead.  It is nice to have a co-guardian, just in case of illness or a death.  Having three, remember that all guardians must give consent for things, so if you have a sibling acting as a co-guardian that is out of state might not be a good idea.  Also, a guardian who lives out of state is really difficult.  With our DSPD services and having to conduct a Person Centered Service Plan or PCSP meeting without a guardian is almost an impossibility.  We must have a guardian there to sign papers and give consent to things.

                Please don’t use guardianship as a means to “control” your child or family member.  People with disabilities have the same right to date, get married, get divorced, make friends, end friendships, and work and play just like we all do.  However, we always have to be there to make sure the person doesn’t get taken advantage of, pick up the pieces when mistakes get made, or make a referral when needed. 

                One of the best resources I have found has been Guardianship Associates of Utah.  They provide private guardianship services as well as providing training to families and professionals.  GAU does trainings to help with obtaining guardianship.  They are low cost and free to those who qualify.  I know that when I have questions about guardianship, I call GAU.

                I recommend the trainings they do, because they are experts in this type of service as well as having a lot of experience. 

                www.guardianshiputah.org

                There are some real advantages to having a guardianship situation.  If a person really makes decisions that are detrimental and harmful to them, a guardian can step in.  Also, it cuts down on the impulsivity on decisions that person makes.  

                 Ask questions!  Asking questions is very important, but also be willing to go into this with an open mind.  And don’t be afraid to ask for help.  Just remember, you are never alone in this process.

 

               

5 Secrets to Navigating the DSPD Wait List

Kim LeRoux - Thursday, March 31, 2016

Before we get started, it is important to understand Utah’s Community Services Waiver that is administered by DSPD isn’t just for adult services.  DSPD’s services encompass the person’s life span. So it’s never too soon to get your family member on the list.

The best time to get on the wait list is- RIGHT NOW!  Services will change as the person ages and needs change.  That is one of the really nice things about our services.  Services for children can be an afterschool program, summer program, respite, or, a more specialized service such as behavioral supports.  For adults, it runs the spectrum of what a person needs from 24 hour residential services or day program to hourly services such as supported living, supported employment, and specialized services of behavioral supports, medication monitoring, Representative Payee, and other services that can be more specialized.

Okay, now we got that out, let’s get right to it!

1-      Persistence and Patience- Check in with DSPD, and don’t forget to correspond back when they send you something.  Unfortunately, there is only so much funding available because of decisions made by political leaders.  Don’t give up.  If you let DSPD know you’re there, you are less likely to get passed over.  If you’ve ever heard the phrase, “The squeaky wheel gets the grease,” for the most part it is true! When they know your name and your case, it becomes more personal and there is a face to a name.  Not just a name and a number.

2-      More Information is always good- Give the waitlist worker more information than they need.  And this works both ways. Educate yourself on different systems and resources.  There are some really good ones out there.  And remember, you are not alone in trying to get through this. There are other family members out there in the same spot at you, so finding a support system is great, plus, some support systems have a wealth of knowledge!  You will receive a post card or questionnaire every year to fill out.  Absolutely fill it out! This keeps your case active in the DSPD system.

3-      Pursuing this is not a waste of time despite what the waitlist worker says- This is something we hear way too much.  Yes, the list is long. Yes, people have been on it sometimes for 15+ years.  But if you don’t pursue this, government officials have no idea the need for disability services really exists.

4-      Keep Copies of Everything- By keeping copies, it reduces the stress level of getting the needed documents and information again when they get lost.  Because they will get lost.  It will be much easier to resubmit everything if you have a copy handy and ready to go. This is the reason for Secrets 1, 2, and 3! Being persistent and not giving up will show that you are committed, and want to continue to jump through the hoops. 

5-      Get involved with your Legislator and government officials- As odd as this sounds, getting the ear of your legislator, both your local representative and senator.  Get to know them.  Tell them your story.  Even though most likely they don’t sit on the Human Services Appropriations Committee, they might have a buddy that does.  Don’t be afraid to tell your story and your needs.  And when there is time for open comment for the DSPD appropriations, go up and speak about the challenges you face as a parent, sibling, cousin, etc. 

 

It is very overwhelming to deal with all of this, and it can be really discouraging.  There are people that care, but their hands are tied.  At Intersect Services, we have a system for helping families get through this process and how to really work all of these secrets to your advantage, but most of all, it works to the advantage of your loved one that needs services. 

Still feeling stuck? Give us at Intersect Services a call at 801-648-7437 and schedule an appointment with one of our experts!  We have the background and experience to really navigate this system for you.  We have proprietary systems that are tried and true as well as knowing the language that is needed on the forms to help you and your loved one get services.  Give us a call today, don’t wait!

Six Things to Remember as a sibling of someone with a Developmental Disability!

Kim LeRoux - Wednesday, March 23, 2016

My brother has developmental disabilities.

Or, my sister, aunt, uncle, cousin “is disabled”.  I hear this a lot when I’m out doing daily living things when people hear what I do for a living.  After I point out more “People First Language” as nicely as I can, we start to chat about services in Utah, and how to get services from DSPD or Division of Services for People with Disabilities. It’s a long and arduous task unfortunately. 

And a lot of times, the care of a person defaults to a sibling.  I have heard several times that parents don’t want their son or daughter going to a “group home” when the time comes, a brother or sister will take care of them.  But when I speak to the brother or sister, this is not the intention.  They have their own lives and own families.  They are willing to advocate, but not sure how, and are unsure how that sibling is going to affect their lives.  But sometimes there is a brother or sister that is so committed to their sibling that they will take over where the parents cannot, and accept that responsibility. 

Number 1- The siblings of people with disabilities are pretty amazing people.  In short, YOU ARE AWESOME! They are always the first staff by default when doing Self Administered Services, and one of the first friends that someone with a disability will have.  I am lucky that on my caseload, there are several siblings that are there for their brother or sister with disabilities.  I am going to focus on them and their world and how to help.  If you are the brother or sister of someone with a disability, this next bit is for you. And you are pretty awesome, too.

Number 2- All siblings of people with disabilities need to know that they are supported, and don’t need to feel guilty for using paid staff. 

Number 3- It’s alright to ask for help.  That’s what people like me are here for.  Don’t feel guilty for wanting someone else to help you with providing care.  It does get exhausting, and yes, you need a break.  It’s okay for you to have your own life.  Take time for you, however that looks.  If it is just taking an hour to go to the gym, taking a weekend away, or scheduling some time during the week for you to take a class or visit with friends.  It’s really important for your well being. 

Number 4- You grew up differently than most people out there, and that is okay. In most cases, you have a better idea of patience and compassion. You were your sibling’s first friend, confidant, protector, and teacher.

Number 5- Communication is Key! Even if you have been away for a while and are just getting back into either providing care or just helping with advocacy, your sibling most likely has a team helping them if they have government waivered disability services.  Communicate with us.  We love that and it will give you piece of mind.

Number 6- You are not alone.  Give yourself time to learn what is working and not working for your sibling.  You don’t have to jump in with both feet and try to set everything up if they have services. It will feel as if you are just chasing your tail, and worst of all, you will get the run around from several agencies that are there to help you.  It can get exhausting.  If your sibling has disability services in Utah, we are here to help you and eliminate some of that panicked feeling that you have.  This is probably the most important section, because you have a team of really compassionate people who care and have made this their life’s work to be a support to you too!

Here’s Number 7, which is a bonus.  Don’t forget to laugh and enjoy life.

With that said, there is a lot of knowledge we have as direct care providers, advocates, support coordinators, and support brokers.  And we want to share it with you.  Sometimes when you are out hunting for information, you can cause more problems with services than helping with services. 

I had one case where a woman tried to place her sister with a disability in a nursing home and try to change the waiver without talking to me, the aging system didn’t understand, opened her up for their waiver, and effectively stopped the disabilities waiver. When DSPD found out, luckily the disabilities waiver was not terminated, because the nursing home was not able to provide services for a woman with developmental disabilities. She eventually did go to a program that would accept the federal Medicaid funding for people with disabilities. So please realize you have a whole team to help you. 

*If your sibling is not on services with DSPD or you need waiting list guidance, please inquire with us at Intersect Services.  We have a lot of experience with Disability Services and have quite a passion for it.  And we are happy to help. I will be writing a blog about this soon!

If you are the parent of a child with disabilities, this all still applies.  Just remember that your other kids need support as well.  Make sure to thank them for helping, putting off their activities, take the time to listen, give them praise for the good things they are doing, take time to spend just with them.  And it is okay for you to have a break too. 

I know it seems really simplistic. But sometimes in simplicity there is form, function, and beauty. 

Carry on, because you are an amazing and beautiful person!

Guardianship Training Available in Davis County

Kim LeRoux - Tuesday, September 16, 2014

Basics of Guardianship:
Guest Speaker: Anamarie Rodabaugh, Guardianship Associates of Utah

 

Tuesday, September 30, 2014

6:30 p.m. -8:30 p.m.

Vista Education Campus

97 South 200 East, Room 1525 & 1535
Farmington, Utah

 

Pre-registration is appreciated.

Register online at: http://conta.cc/1qUBZc8

or by calling 801-402-5120 or 801-272-1051

 

What is guardianship and why is it important? Did you know that all children who turn 18, the age of majority, are considered adults even if they have disabilities? Come to this presentation to learn about guardianship and if you will need to file for it, what types of guardianship are available, and what the process entails.


***It is recommended that you attend this class before
attending the Pro Se Guardianship workshop.***

 

Pro Se Guardianship:
Guest Speaker: Anamarie Rodabaugh, Guardianship Associates of Utah

Wednesday, October 29, 2014

6:30 p.m. -8:30 p.m.

Vista Education Campus

97 South 200 East, Room 1525
Farmington, Utah

 

Pre-registration is appreciated.

 Register online at: http://conta.cc/1qbN5Es

or by calling 801-402-5120 or 801-272-1051

 

In a guardianship proceeding family petitioners can save money by choosing to represent themselves in the court process. This is called Pro Se Representation. Guardianship Associates of Utah has over 12 years of experience teaching families how to represent themselves and is offering a free Pro Se training class for families who would like to act Pro Se as they seek guardianship of a family member.

 

Families will be given all required court documents on a CD. During the training, families will be taught how to fill out these documents correctly. Families will learn how to file the documents with the court and how to represent themselves at the hearing. The CD will also contain detailed written instructions. This class takes two hours.  

 

***It is recommended that you attend the Basics of Guardianship
class before attending the Pro Se Guardianship workshop.***

End of Summer

Kim LeRoux - Tuesday, September 16, 2014

As the leaves start to change, and we can feel a cold bite in the air, we know that fall is on its way! The kids go back to school, and we look forward to fall activities in our communities.

We are all looking forward to the changing colors around us, and for some of us, football season!

At Intersect Services, we start into our "creative season". 

So, what makes this time so special for us at Intersect Services?  Well, we look forward to helping plan the Community Social Club Christmas Party, Creating a tree for the Christmas Tree Jubilee, Planning the next year and setting both business and personal goals, and most of all, spending quality time with our families and friends.

Over the next few months, Intersect Services LLC. will be going through some fantastic changes.  We have been working very hard to build this business and give the best quality services we can.  Now it's time that we share what we have been doing with our community! 

Stay tuned for upcoming events for both Community Social Club and Intersect Services!

Thank you!

 

Our New Website

Kim LeRoux - Friday, July 18, 2014

Welcome to our new website.  For everyone that has followed us and supported us over the years, THANK YOU!

Without the love, support, backing, and encouragement we would have never been able to accomplish all of this. 

So, we have a few social media sites to share with you!

Facebook- facebook.com/IntersectServicesLLC

Twitter- @IntersectServ