July 12, 2008 09:03 pm
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By Susan Redden
sredden@joplinglobe.com
CARTHAGE, Mo. — It’s a little-known county procedure, but one that can have a personal, profound and sometimes permanent effect on the lives of individuals and their families.
The Jasper County public administrator is a guardian and conservator for more than 350 people who have been put under county supervision by the probate court.
When the court assigns guardianship to the office, the public administrator and her staff have the decision-making authority over the financial, medical and living arrangements for the ward. In cases in which the office is named conservator, the authority is limited to the ward’s finances and spending.
Under state law, the assignment is to be based on medical evidence that the ward is incapacitated and unable to meet essential needs of food, clothing, shelter and safety. The order comes after a trial in which the potential ward is represented by an attorney and may be present in court and may testify in court.
Also under state law, parents have the first priority for appointment as conservators of minor children, and an incapacitated or disabled person may designate his or her own guardian or conservator if they are able to communicate a reasonable choice to the court.
If there is no nomination, the court is first to consider the appointment of a spouse, parents, adult children, adult brothers and sisters, and other close adult relatives. Missouri law requires that family members be notified of plans to make a relative a ward of the county.
Oversight of the office comes from the Jasper County Probate Court, and the probate judge who decides petitions to make residents wards of the county.
A public administrator normally is appointed because there is no other person, normally a family member, to act on behalf of the person.
After a guardian is named, they must report to the probate court annually on the condition of the ward, their care and finances. The annual report must also state whether the ward still needs a guardian, because state law requires a ward be held in the least restrictive environment.
‘Court’s responsibility’
Reporting to the court, and the court’s monitoring, are essential parts of the process, said Terry Hammond, executive director of the National Guardianship Association. The group offers training and certification for guardians, and promotes a code of ethics and standards for those who serve as guardians.
“It’s the court’s responsibility to maintain and monitor to assure the best interests of the ward are being protected,” he said. “If family members are concerned, they will routinely have access to the court.”
Circuit Judge David Mouton, elected probate judge in 2006, agreed, saying the court “does act on the basis of information properly brought before the court.”
Mouton agreed to discuss procedures of the court, but said that he, under Missouri law, is not allowed to comment on any pending or impending case.
Information generally can be brought to the court by a ward or family member, or their attorney.
“It’s not always necessary to hire an attorney, but it’s always a good idea,” he said.
Missouri law, he said, favors wards in cases in which it believed they can be “restored” to live on their own.
“In procedures of the court, I want people to understand that Missouri law recognizes (that wards should be kept in) the least restrictive environment. Anytime someone has a guardian or a limited guardian appointed, and they believe they no longer need that level of assistance, they should contact the court, in writing, so there’s a record,” he said. “People can be restored to some or all of their rights, based upon evidence properly submitted to the court.”
He said the evidence normally is a written medical report, though he sometimes has acted on other information, including that contained in the report that guardians must file on their wards each year.
“The law doesn’t permit the appointment of a guardian for someone who doesn’t need, or no longer needs, assistance,” he said.
Replacing a new guardian normally requires the help of an attorney, Mouton said, “since there are legal standards the court has to follow to remove a guardian or conservator.”
Open access
Mouton said he wants people to understand and have access to the probate files, which are located on the second floor of the Carthage courthouse.
“Probate files are a matter of public record and can be reviewed by the ward, family members or friends, or the public at any time,” he said.
Hammond pointed out that in most cases, family members are the ones named as guardians for disabled or incapacitated relatives.
And some family members can be unhappy when a “third-party guardian such as a public administrator” is named, he said, especially if the administrator is chosen over a family member.
“They can have a thankless job and be criticized by family members,” he said. “Typically, when a judge appoints a public administrator rather than a family member, there is a reason.”
Funding challenges
He said the jobs of some public administrators, including those in Missouri, are complicated by funding challenges that can result in staff shortages.
He said that’s the case in Jasper County. Rita Hunter, who holds the office of public administrator by virtue of election by the people, has a 10-member staff that includes three case managers. The office has more than 350 wards.
“Three case managers shouldn’t be expected to handle more than 100 cases each,” he said. “It’s a statewide, and national, problem; funding sources have failed to anticipate and meet the needs of public guardianship offices.”
Given funding limitations, Hammond said public administrators “are doing the best job they can with very limited resources.”
“I would call on the Legislature to address this dearth of funding and staff for people who are making decisions affecting the daily lives of vulnerable Missourians,” Hammond said.
The Jasper County office has more workers than public administrator’s offices in other counties of similar size in the state. The office’s staff of 10, in addition to Hunter, is composed of seven full-time and three part-time workers. That compares with 3.5 workers in Boone County, three workers in Buchanan County, and one part-time worker in Franklin County, according to a Globe survey in December.
Several public administrators in Missouri, including Hunter, are NGA members, and Hammond said he has conducted training for members of the Missouri Association of Public Administrators.
NGA is composed of public and private guardians throughout the country, and promotes standards of care and a code of ethics for guardians. The association also is the creator of The Center for Guardianship Certification, to improve the quality of guardianship services through national certification.
Certification includes registered guardians and master guardian. Several public administrators in Missouri are registered guardians; Carolyn Little, Greene County public administrator, a master guardian, according to the group’s Web site.
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