2016 Annual Meeting Conference. Elder Law Track Rooms

Transcription

1 2016 Annual Meeting Conference Elder Law Track Rooms Guardianship Reform Task Force Update 1:30 p.m. - 2:00 p.m. Presented by Prof. Josephine Gittler University of Iowa 412 Boyd Law Building Iowa City, IA Phone: MONDAY, JUNE 13

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5 Iowa Guardianship and Conservatorship Reform Task Force Work Groups Descriptions and Assignments

6 Iowa Guardianship and Conservatorship Reform Task Force WORK GROUP ONE Description of Work Group One - Establishment of Adult Guardianships and Conservatorships The purpose of this Work Group is to identify issues and develop proposals with respect to the establishment of adult guardianships and conservatorships. Topics to be covered include statutory criteria for guardianship and conservatorship, capacity assessments of proposed wards, the appointment of public guardians and conservators for wards lacking someone to serve in such capacity, the appointment and role of attorney and guardian ad litem for proposed wards, probate and use of limited and voluntary guardianships and conservatorships. Chair Honorable Stuart Werling, Tipton, District Court Judge, District 7 Steering Committee Co - Coordinators and Co - Reporters Professor Josephine Gittler, Iowa City, Steering Committee Member, Coordinator and Reporter Professor Jerry Foxhoven, Des Moines, Steering Committee Member, Co-Coordinator and Co- Reporter Kathleen Buckwalter, Iowa City, Co-Director, National Health Law and Policy Resource Center; Professor Emerita, University of Iowa College of Nursing Anthony Carroll, Des Moines, Associate State Director for Advocacy, AARP IOWA Tyler Eason, Des Moines, Director, Office of Substitute Decision Maker Department of Aging Jane Hudson, Des Moines, Executive Director, Disability Rights IOWA Gregory Kenyon, Des Moines, Shareholder, Bradshaw, Fowler, Proctor & Fairgrave, Steering Committee Member Tom Lawler, Parkersburg, Partner, Lawler & Swanson Honorable John Linn, Burlington, District Court Judge, District 8B D.J. Mason, Waterloo, Assistant County Attorney Wendy Rickman, Des Moines, Administrator, Division of Adult, Children and Family Services, Iowa Department of Human Services Chantelle Smith, Des Moines, Assistant Attorney General Frank Tenuta, Sioux City, Managing Attorney, Iowa Legal Aid Honorable Patrick Tott, Sioux City, District Court Judge, District 3 2

7 Iowa Guardianship and Conservatorship Reform Task Force WORK GROUP TWO Description of Work Group Two - Qualifications and Responsibilities of Guardians and Conservators of Adult Wards The purpose of this Work Group is to identify issues and develop proposals with respect to qualifications and responsibilities of guardians and conservators of adult wards. Topics to be covered include screening of proposed guardians and conservators (e.g., criminal background checks and credit checks), bonds requirements for conservators and alternatives to bonding, and educational/certification/licensure programs for guardians and conservators. National standards and guidelines for guardians/conservators will be reviewed and evaluated. Membership Chair Honorable Myron Gookin, Fairfield, Judge, District Court Judge, District 8 Steering Committee Co - Coordinators and Co - Reporters Professor Josephine Gittler, Iowa City, Steering Committee Member, Coordinator and Reporter Professor Jerry Foxhoven, Des Moines, Steering Committee Member, Co-Coordinator and Co- Reporter Chris Even, Dubuque, Senior Vice President & Trust Officer, American Trust & Savings Bank Jim Holter, Des Moines, Vice-President Commercial Surety Merchants Bonding Company Lee Ann Logan, Coralville, NAMI (National Alliance on Mental Illness) IOWA trainer Janet Martinson, Waterloo, Blackhawk County Conservator, Office of Blackhawk County Conservator Michel Nelson, Carroll, Senior Vice-President and Senior Trust Officer, Iowa Savings Bank Honorable David Odekirk, Waterloo, District Court Judge, District 1B Barbara Orzechowski, Sioux City, Partner, Klass Law Firm; Director Honorable Tom Reidel, Muscatine, District Court Judge, District 7 Philip Seidl, Cedar Rapids, Partner, Seidl & Seidl D. Thomas Smith, Des Moines, Guardian/Conservator Tony Vola, Des Moines, Former President, AARP IOWA Suzanne Watson, Council Bluffs, CEO, Southwest Iowa MHDS Region, Director; Pottawattamie County Community Services 3

8 Iowa Guardianship and Conservatorship Reform Task Force WORK GROUP THREE Description of Work Group Three - Court Monitoring of Guardianship and Conservatorships The purpose of this Work Group is to identify issues and develop proposals for ongoing court monitoring of established adult guardianships and conservatorships to assure that wards are receiving appropriate care and protection and to provide needed assistance to guardians and conservators in carrying out their responsibilities. Existing reporting requirements for guardians and conservators and promising practices in other jurisdictions will be reviewed and evaluated. Chair Honorable Kellyann Lekar, Waterloo, Chief District Court Judge, Judicial District 1 Steering Committee Co - Coordinators and Co - Reporters Professor Josephine Gittler, Iowa City, Steering Committee Member, Coordinator and Reporter Professor Jerry Foxhoven, Des Moines, Steering Committee Member, Co-Coordinator, and Co- Reporter Rhonda Bentley, Burlington, Judicial Specialist, District 8 Teresa Bomhoff, Des Moines, President, NAMI (National Alliance on Mental Illness) Greater Des Moines Honorable Craig Block, Des Moines, District Associate Probate Judge, Steering Committee Member Kathy Good, Cedar Rapids, Director, Family Caregivers Center of Mercy, Mercy Medical Center, Former Board Member, Alzheimer's Association East Central Iowa Chapter Carroll Edmondson, Cedar Rapids, District Court Administrator, District 6 Honorable Marlita Greve, Bettendorf, Chief District Court Judge, District 7 Geoffrey Lauer, Iowa City, Executive Director, Brian Injury Alliance; Member, Iowa Mental Health and Disability Services Commission Honorable, Jeffrey Neary, Merrill, District Court Judge, Judicial District 3A Roxanne Repstien, Amana, Clerk of Court, District 6 Honorable Richard Davidson, Audubon, District Court Judge, District 4 Honorable Joel Swanson, Carroll, Senior District Court Judge, District 2B Margaret Van Houten, Des Moines, Senior Shareholder, Davis Brown Law Firm 4

9 Iowa Guardianship and Conservatorship Reform Task Force WORK GROUP FOUR Description of Work Group Four - Guardianship and Conservatorship System Administration: Staffing, Education and Training, Caseload Management Resources The purpose of this Work Group is to identify and develop proposals with respect to administration of the guardianship and conservatorship system, including staffing of the system, education of judges and other system personnel, caseload management and resources for the system. Chair Honorable Jeffrey Larson, Harlan, Chief District Court Judge, District 4, Steering Committee Member Steering Committee Co - Coordinators and Co - Reporters Professor Josephine Gittler, Iowa City, Steering Committee Member, Coordinator and Reporter Professor Jerry Foxhoven, Des Moines, Steering Committee Member, Co-Coordinator, and Co- Reporter Honorable Steve Andreasen, Sioux City, District Court Judge, District 3B Honorable Cynthia Danielson, Fairfield, District Court Judge, District 8B, Steering Committee Member Kathy Gaylord, Davenport, District Court Administrator, District 7 Honorable Pat Grady, Cedar Rapids, Chief District Court Judge, District 6 Josh Miller, Des Moines, Polk County Clerk of Court, District 5 Judge Kurt Stoebe, Humboldt, District Court Judge, District 2B Rebecca Zoll, Gilbertville, Judicial Clerk, District 1 Jennifer Webster, Ankeny, Judicial Specialist, District 5 5

10 Iowa Guardianship and Conservatorship Reform Task Force WORK GROUP FIVE Description of Work Group Five Minor Guardianships and Conservatorships The purpose of this Work Group is to identify issues and develop proposals with respect to qualifications and responsibilities of guardians and conservators of minor wards. Topics to be covered include screening of proposed guardians and conservators (e.g., criminal background checks and credit checks), bonds requirements for conservators and alternatives to bonding, and educational/certification/licensure programs for guardians and conservators. National standards and guidelines for guardians/conservators of minors will be reviewed and evaluated. Membership Chair Honorable Kathleen Kilnoski, Council Bluffs, District Court Judge, District 4 Steering Committee Co - Coordinators and Co - Reporters Professor Josephine Gittler, Iowa City, Steering Committee Member, Coordinator and Reporter Professor Jerry Foxhoven, Des Moines, Steering Committee Member, Co-Coordinator and Co- Reporter Honorable Susan Christensen, Harlan, District Associate Judge, District 4 Sara Haas, Burlington, Partner, Aspelmeier Fisch Power Engberg & Helling Jim Hennessey, Des Moines, Iowa Child Advocacy Board Administrator Mary Hodapp, Woodward, Director of Social Services, Woodward Resource Center Kelli Johnson, Burlington, Trust Officer, Farmers & Merchants Bank & Trust Evelyn Ocheltree, Mason City, Senior Staff Attorney Partner, Iowa Legal Aid Wendy Rickman, Des Moines, Administrator, Division of Adult, Children and Family Services, Iowa Department of Human Services Honorable Colin Witt, Des Moines, District Associate Judge, District 5C Breanna Young, Earlham, Partner, Nelson Young & Braland 6

11 Iowa Guardianship and Conservatorship Summit Sponsored by: Iowa Supreme Court Guardianship and Conservatorship Reform Task Force Co-Sponsored by: University of Iowa College of Law and Drake University Law School October 29, :00 am - 4:10 pm and October 30, :30 am - 12:30 pm Drake University Law School Legal Clinic Building University and 24th Street Des Moines, IA

12 Iowa Guardianship and Conservatorship Reform Task Force and Summit One of the most important functions of Iowa s judicial branch of government is the guardianship and conservatorship system. The courts appoint guardians and conservators to make decisions on behalf of a highly vulnerable population of adults with diminished capacity and children, and the courts have an ongoing responsibility to monitor guardianships and conservatorships to assure these adults and children receive proper care and protection. Today, in Iowa there are over 22,000 adults and children under guardianship and conservatorship. The Iowa Supreme Court s order establishing the Guardianship and Conservatorship Reform Task Force states that its mandate is to review Iowa s guardianship and conservatorship laws and procedures to ensure the system is efficient and responsive to the needs of Iowans. The Supreme Court has appointed members of a Steering Committee to oversee the work of the Task Force and members of Work Groups to identify issues and problems with respect to the existing guardianship and conservatorship system and to develop proposals and recommendations for improving this system.

13 1 The purpose of the Iowa Guardianship and Conservatorship Summit is to provide a context and foundation for the work of the members of the Iowa Guardianship and Conservatorship Reform Task Force. The Summit is the first plenary session of the Task Force Steering Committee and Work Groups. It will feature national experts and individuals from other states who have played leadership roles in the reform of state court guardianship and conservatorship systems. Program Schedule (All plenary sessions will be held in the Legal Clinic Courtroom.) October 29, :45 am - 9:00 am Registration 9:00 am - 9:15 am Greetings Chief Justice Mark Cady, Iowa Supreme Court Governor Terry Branstad (invited) Pam Jochum, President, Iowa Senate Chris Hagenow, Majority Leader, Iowa House Gail Agrawal, Dean, University of Iowa Law School Ben Ullem, Dean, Drake University School of Law 9:15 am - 9:25 am Opening Remarks Justice Bruce Zager, Iowa Supreme Court; Chair, Steering Committee, Iowa Guardianship and Conservatorship Reform Task Force (continued )

14 2 October 29 Program 9:25 am - 10:15 am The Iowa Guardianship and Conservatorship System: A Portrait Josephine Gittler, Wiley B. Rutledge Professor of Law, University of Iowa College of Law; Member and Coordinator, Steering Committee, Iowa Guardianship and Conservatorship Reform Task Force 10:15 am - 11:05 am Past and Current Paths to Guardianship and Conservatorship Reforms Erica Wood, Assistant Director, Commission on Law and Aging, American Bar Association 11:05 am - 11:25 am Break 11:25 am - 12:25 pm Workshops: Model Laws and Standards Workshop 1 (Library): National Probate Court Standards Brenda Uekert, Principal Court Researcher, National Center on State Courts Workshop 2 (Courtroom): Third National Guardianship Summit Standards and Recommendations Linda Whitton, Professor Emerita, Valparaiso University Law School; Delegate, Third National Guardianship Summit

15 October 29 Program 3 Workshop 3 (Room 123): Revision of Uniform Guardianship and Protective Proceedings Act David English, William Franklin Fratcher Missouri Endowed Professor of Law, University of Missouri School of Law; Chair, Drafting Committee Uniform Guardianship and Protective Proceedings Act 12:25 pm - 1:10 pm Lunch 1:10 pm - 2:00 pm Planning, Developing and Sustaining a Comprehensive Court Guardianship and Conservatorship Program Brenda Uekert, Principal Court Researcher, National Center on State Courts 2:00 pm - 2:50 pm Best Practices and Innovations: Screening of and Qualifications for Guardians and Conservators Sally Hurme, Member, Board of Directors, Center for Guardianship Certification David Byers, Director, Administrative Office of the Courts, Arizona Judicial Branch 2:50 pm - 3:10 pm Break (continued )

16 4 October 30 Program 3:10 pm 4:10 pm Best Practices and Innovations: Court Monitoring of Conservatorships Jeffrey Shorba, State Court Administrator, Minnesota Judicial Branch Cate Boyko, Manager, Conservator Account Auditing Program, Minnesota Judicial Branch 4:10 pm 5:00 pm Demonstration (optional): My Minnesota Conservator This optional demonstration is recommended for members of Work Groups 3 and 4. October 30, :30 am - 9:30 am Guardianship and Conservatorship Reform: The Nebraska Experience Chief Justice Michael Heavican, Nebraska Supreme Court 9:30 am - 10:30 am Guardianship and Conservatorship Reform: The Arizona Experience Justice Ann Timmer, Arizona Supreme Court Edward Bassett, Probate Associate Presiding Judge, Arizona Superior Court of Maricopa County David Byers, Director, Administrative Office of the Courts, Arizona Judicial Branch

17 October 30 Program 5 10:30 am - 10:50 am Break 10:50 am - 11:50 am Guardianship and Conservatorship Reform: The Texas Experience David Slayton, Administrative Director, Texas Office of Court Administration 11:50 am - 12:30 pm Work Group Assignments and Next Steps Justice Bruce Zager, Iowa Supreme Court Josephine Gittler, Wiley B. Rutledge Professor of Law, University of Iowa College of Law Professor Jerry Foxhoven, Professor of Law and Director of Clinical Programs, Drake University Law School; Member and Coordinator, Steering Committee, Iowa Guardianship and Conservatorship Reform Task Force Work Groups will meet to discuss assignments and next steps. Mandatory Continuing Legal Education: The Iowa Guardianship and Conservatorship Summit is an accredited program under the regulations of the Supreme Court Commission on Continuing Legal Education. The Summit program will provide a maximum of 9.5 hours of regulator credit toward the mandatory continuing legal education requirements under the Iowa Rule. (Activity ID Number ).

18 For further information, please contact: Professor Josephine Gittler Phone ; Fax: Support from the University of Iowa College of Law made possible the preparation and printing of this program.