Guardianship Process

Friday, October 24, 2008 at 4:04:28 PM

The Utilization Management Committee recently reviewed the process of obtaining Guardianship. The following steps were highlighted:
o Care team determines that patient lacks capacity to perform one or more tasks - functional assessment.
o Case manager (or other team member) contacts General Counsel to engage outside attorney.
o Outside attorney forwards intake form to Case Manager for information required to petition the court, including nature of incapacity, proposed guardian, proposed powers of guardian, patient assets, and health care proxies.
o Outside attorney may meet with patient to assess evidence and likelihood of success in obtaining guardianship.
o Outside attorney prepares order to show cause and the petition which is signed by Hospital VP and Care Manager.
o Supreme Court judge reviews and signs order to show cause, and papers are served on patient and related family.
o Care Manager testifies at hearing and attorney prepares papers appointing guardian.
o Process takes 6-8 weeks and costs approximately $2500 which the hospital may have to pay, if patient lacks resources.

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