Guardianship employs nurse consultants who assist guardians with healthcare, medical treatment, and end-of-life procedures for individuals under guardianship.
Services are carried out as authorized by the district court and in accordance with regulations and healthcare standards.
Nurse consultants will work closely with physicians, nurses, and social workers, at medical or residential facilities across the state, as needed.
They are also instrumental in reviewing and working with CHFS Office of Legal Services, in obtaining approval for certain medical procedures and treatments.
In an ideal world, everyone has unlimited resources, has access to everything they need for daily life, and is willing to accept support. However, unfortunately, that is not the situation for many and there will be times when guardians will provide the best support, based on the available option.
Below we will cover some of the more common situations that a guardian will come into contact with.
Living Arrangements
No access to emergency/immediate housing
Cannot force a provider to accept placement of an individual
Cannot force an individual to live in a setting against their will
Unable to place individuals in locked settings
Finances
Unable to access resources for undocumented individuals
No access to funds for care outside of the individual’s resources
Cannot become personally liable for the person’s expenses, placement, or to a third party for the person’s actions
Protection
Cannot assume physical custody of the individual
Cannot act as caregiver or custodian
No resources to manage violent individuals
A Guardian:
Cannot….
prevent an individual under guardianship from making bad decisions and/or choices.
place an individual in a mental health facility.
use force to make an individual to receive treatment or take medication.
Is not….
responsible for bad decisions and choices that an individual under guardianship may make or for illegal acts they may commit.
responsible for personally funding the individual’s living expenses or for the individual’s past debt.
Does not…
personally supervise the individual around the clock.
Limited Community Placement Options
Kentucky has limited community placement options for most disabled populations.
There are limited funds for crisis services.
Individuals under guardianship are sometimes discharged from placements with little or no advance notice due to negative behavior.
Individuals under guardianship must meet clinical admission criteria in order to be admitted to a state hospital, even for behavioral reasons.
Providers can sometimes have unrealistic expectations of the state guardianship program.
Discharge planners and other entities often look to guardianship to find placement for difficult individuals that may or may not meet the criteria.
The information contained in this handbook provides an overview of state government and will assist you as you transition into your new role. It explains the laws, regulations, and policies governing your employment, as well as the benefits and services to which you are entitled as a state employee. Your agency may have policies in addition to those contained in this handbook, so you should familiarize yourself with those as well.
The KGA is a non-profit membership organization with the goal of improving adult guardianship in Kentucky.
They seek to improve guardianship by developing training for persons appointed to serve as a guardian for an adult with a disability, training for persons seeking to be appointed as a guardian, attorneys representing alleged incapacitated persons, and professionals including social workers, psychologists, and medical personnel appointed to interdisciplinary evaluation teams; for the purpose of evaluating the capacity of adults responding to a petition for appointment of a guardian or conservator.
The KGA was founded on the principle of improving the practice of adult guardianship in KY, by promoting practices that protect the Constitutional rights and autonomy of persons with disabilities.
Kentucky Protection and Advocacy is a Division within the Department of Public Advocacy.
P & A protects and promotes the rights of Kentuckians with disabilities through information and referral, and legal individual and systemic advocacy and education.
Mission:
To protect and promote the rights of Kentuckians with disabilities through legally based individual and systemic advocacy, and education.
Values:
Kentuckians with disabilities have a right to self-determination including, but not limited to, the right to refuse, the right to participate, and the right to choose.
Kentuckians with disabilities have the same inherent rights as Kentuckians without disabilities.
Kentuckians with disabilities will live and receive services in integrated and inclusive settings.
Kentucky Protection and Advocacy values and accepts differences/diversity.
The State Long-Term Care Ombudsman Program is federally funded by the Administration for Community Living (ACL). It includes the State LTCO, 15 District Ombudsmen thru the 15 ADDs/AAA’s, and a host of volunteers. Ombudsmen advocate for residents of long-term care facilities at no charge to residents or families.
Their primary responsibilities are:
Protect the special legal rights of residents.
Identify, investigate, and resolve residents’ problems and concerns.
Empower residents to make informed choices.
Work to enact laws to protect residents and older Kentuckians.
Working Interdisciplinary Network of Guardianship Stakeholders (WINGS)
This core group is dedicated to improving the process of guardianship in KY and safeguarding the rights of citizens.
Educates the public about alternatives to guardianship and supported decision-making and including but not limited to the following: KY District Court, KGA, Department for Aging and Independent Living (DAIL), Department for Behavioral Health, Developmental and Intellectual Disabilities, aging and disability networks, Protection and Advocacy, Adult Protective Services, legal, medical, and mental health providers, Long Term Care Ombudsman and more.
Kentucky’s Adult Guardianship Program operates under DCBS. The Adult Guardianship provides case management and support services to individuals with disabilities. These individuals have been court-appointed as individuals under the guardianship of the state due to an absence of family or others who can provide care.
You have completed New Employee Orientation Part 2! Please note, that your supervisor may have follow-up questions or need more information. Please respond to any requests in a timely manner.
Once you mark this final lesson complete you will have access to your certificate to verify completion of DAIL 102: New Employee Orientation Part 2. This certificate will also then be available at the beginning of the course anytime you log on.
Reminder from Aida
This course is part of a series of trainings required for all new employees. All new hires are required to satisfactorily complete trainings before being assigned cases.
All courses must be completed in order and in a timely manner.
This includes:
New Employee Orientation Part 1 (completed!)
New Employee Orientation Part 2 (completed!)
Guardianship Program Overview
Effective Case Work Documentation
KYGFIS
Note: The above courses are required for Guardianship, Fiduciary, and Benefits staff. Additional courses will be assigned upon completion of these required core courses.
Click the “Mark Complete” button below to access your certificate of completion.
This Guardianship Program Overview course is designed to provide you with an overview of the Guardianship Program including definitions, who we serve, and what guardians do.
Learning Goal #1 Describe the clients served and definition of disability.
Learning Goal #2 Identify types of Guardianship and alternatives to guardianship.
Learning Goal #3 Understand limits to guardianship as well as what guardianship can and cannot provide.
This course is part of a series of trainings required for all new employees. All new hires are required to satisfactorily complete trainings before being assigned cases.
All courses must be completed in order and in a timely manner.
Guardianship is a legal responsibility between a guardian and an adult individual. In Kentucky, state guardianshipwill occur when the district courts appoint the Cabinet for Health and Family Services (CHFS) as the legal guardian, instead of a private citizen or organization.
In many situations, family or friends can be identified to serve as guardians. In some situations, there is an absence of family members or others who are willing and/or able to care for an individual or the individual does not have the resources to employ a private guardian.
In these situations, upon the court’s decision that an individual needs a guardian, a guardian with is assigned to the individual. Please note, that the legal guardian listed is the Cabinet for Health and Family Services. However, guardianship workers are referred to as guardians.
The guardian will provide assistance to individuals using a person-centered approach that maintains their dignity, respect, health, safety, and welfare.
Click on the first topic below to start learning about guardianship in Kentucky.
You have completed New Employee Orientation Part 1! Please note, that your supervisor may have follow-up questions or need more information. Please respond to any requests in a timely manner.
Once you mark this final lesson complete, you will have access to your certificate to verify completion of New Employee Orientation Part 1. This certificate will also then be available at the beginning of the course anytime you log on.
Reminder from Aida
This course is part of a series of trainings required for all new employees All new hires are required to satisfactorily complete trainings before being assigned cases.
All courses must be completed in order and in a timely manner.
This includes:
New Employee Orientation Part 1 (completed!)
New Employee Orientation Part 2
Guardianship Program Overview
Effective Case Work Documentation
KYGFIS
Note: The above courses are required for Guardianship, Fiduciary, and Benefits staff. Additional courses will be assigned upon completion of these required core courses.
Click the “Mark Complete” button below to access your certificate of completion.
Click on the arrows below to review the Course Goals and access the Course Handout.
Course Goals
New Employee Orientation Part 2 is designed to provide you with an overview of the Department for Community Based Services (DCBS), basic DCBS personnel information, and basic information about the Adult Guardianship Program.
Learning Goal #1 Introduce you to office and employee procedures and policies.
Learning Goal #2 Understand what Kentucky Revised Statutes, Kentucky Administrative Regulations, and Standard Operating Procedures are.
Learning Goal #3 Determine what an alert is and when it might be used.
Learning Goal #4 Understand code of ethics for guardians.
This course is part of a series of trainings required for all new employees. All new hires are required to satisfactorily complete trainings before being assigned cases.
All courses must be completed in order and in a timely manner.
The Department for Community Based Services (DCBS) is Kentucky’s primary human services agency. We protect and support vulnerable children, adults, and families in every county.
DCBS administers and is responsible for child and adult protection, guardianship services, violence prevention resources, foster care and adoption, permanency, and services to enhance family self-sufficiency, including child care, Medicaid, food benefits, social services, public assistance, and family support. DCBS is proud to enhance services through close relationships and coordination with community partners.
Mission
The mission of the Department for Community Based Services is to build an effective and efficient system of care with Kentucky citizens and communities to:
•Reduce poverty, adult and child maltreatment, and their effects;
•Advance person and family self-sufficiency, recovery, and resiliency;
•Assure all children have safe and nurturing homes and communities; and
•Recruit and retain a workforce and partners that operate with integrity and transparency.
Vision
The DCBS vision is threefold:
•A human services system of care that operates with integrity and loyalty to a code of ethics requires courage to take responsibility for providing the highest quality of service to the vulnerable.
•DCBS is an innovative, solutions-focused learning organization built on a foundation of transparency in action and with accountability for results. Both in the organization and among our partners, we thrive on a culture of respect for diversity of opinion that is nurtured through open communication.
•Highly performing and committed, we are unified in our goal of excellence in achieving outcomes for those we serve with the level of quality we would demand for our own families.
In this section, we will be covering a lot of basic information about the day-to-day details of working at DCBS. If you have specific questions or need more information, please contact your supervisor. Your handout is a great place to list questions you have for further follow-up.
Throughout the new employee training series, you will meet several individuals who will play a key role in helping you through the trainings, adjusting to your new role, guiding you through situations, and providing you with tips to help make your new job run smoothly.
For now, let’s meet Aida, the trainer for your New Employee Orientation Trainings.
Hello! My name is Aida and I am the trainer for your New Employee training. I am so excited that you have joined the guardianship team. Throughout these trainings, I will guide you through the content necessary to know for your role as a guardian. Trainings may include information to read, questions to answer, videos to watch, or more. Handouts are provided for each training. These handouts will provide a space for you to make notes and share important information. You may want to keep these documents in one central location to review at a later date. After a training, you may be asked to share information you have learned, or practice new skills. Don’t worry, when we come to that point I will help provide resources and support to successfully complete these tasks.
Click on the arrows below to review the Course Goals and access the Course Handout.
Course Goals
This course is designed to provide an overview of the Cabinet for Health and Family Services (CHFS) Personnel Handbook, complete new hire forms, and issue work-related equipment and supplies.
Learning Goal #1 Familiarize you with the organizational structure of the Cabinet for Health and Family Services.
Learning Goal #2 Introduce you to CHFS resources, policies, and procedures.
This course is part of a series of trainings required for all new employees. All new hires are required to satisfactorily complete trainings before being assigned cases.
All courses must be completed in order and in a timely manner.
The Cabinet for Health and Family Services (CHFS) is home to most of the state’s health and human service departments. These departments provide a wide array of services for seniors, adults, children, youth, and families. CHFS is one the largest agencies in state government with nearly 8,000 employees.
The main office for CHFS is located in Frankfort Kentucky, however, CHFS employees are located throughout the state.
Social Media
You can follow CHFS on Facebook, Twitter, or Instagram.
In this section, we will be covering basic information about the day-to-day details of working at the Cabinet for Health and Family Services (CHFS). If you have specific questions or need more information, please contact your supervisor. Your handout is a great place to list questions you have for further follow-up.
Access to many sites will be limited until you have access to Kentucky Health Resources Information System (KHRIS). Please open and bookmark these websites for future use.
