Questions to consider when deciding to pursue Title 43a Guardianship

1. Is there substantiated abuse, neglect, or exploitation?
2. Does the client lack capacity to accept services?
3. Is there substantial risk of death, physical harm, or depletion of the estate?
4. Have you exhausted all other people who could consent to services?
   1. If the client is willing to accept services and the nursing facility is willing to let them sign themselves in, then we would not pursue guardianship.  If we cannot find a facility who will allow the person to sign themselves in, then we would have to see if the situation meets criteria for a Title 43A guardianship.  We also need to consider if the client has the ability to make arrangements for payment to the facility. 
5. Have you staffed with your supervisor?
6. Have the Supervisor and Specialist staffed with the District PFR or District Director?
   1. If approved the PFR or designee will enter a case note in the referral documenting that that case has been staffed and approved for submission of a Legal Ticket requesting guardianship. The ticket is not required for those counties that do not use DHS Legal.
   2. The supervisor or PFR will enter the legal ticket. The legal ticket must include the Title 43A Guardianship Questionnaire for legal.
7. Have you staffed with legal counsel or Assistant District Attorney? (For counties that do not use DHS Legal.)
8. Have pleadings been prepared?
9. Have you identified services and placement?
10. Has Nursing Home Placement Protocol been completed?
11. Have you requested bank statements and completed an asset review to determine if the client will be private pay or if a LTC Medicaid application is needed?
12. Has the client been seen within 24 hours?

If you answered all questions yes, then proceed to guardianship.

* NOTE: Supervisor and Specialist must always staff with the District PFR or District Director before preparing petition.