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GUARDIANSHIP
Guardianship service provides legal intervention and casework support to incapacitated individuals who have no one to act on their behalf.
A Guardianship service provider is responsible for providing Guardianship services to consumers of the Area Agency on Aging. This includes compliance with the reporting requirements of the local court with jurisdiction to institute and monitor guardianships. The Guardianship provider will advocate for the rights of consumers and monitor their quality of care.
LEGAL SERVICES FOR GUARDIANSHIP & PROTECTION OF CONSUMERS
Serves as a legal consultant to the agency’s Protective Service and Guardianship Programs. A full knowledge and understanding of the law and regulations pertaining to the Older Americans Act, Older Adults Protective Services Act, and the Pennsylvania Guardianship Law is required. The individual serving in this capacity should be a paralegal or attorney and is expected to demonstrate compassion for and an understanding of the needs of the frail vulnerable elderly consumers whom we serve. Responsibilities includes, but are not limited to the following:
●As requested, serves as a consultant for any complex, high risk case and provides legal advice concerning potential liability for the agency, which includes participation in intra-agency case staffings;
●Evaluates agency liability and makes recommendation for risk reduction in those cases that do not rise to the level of guardianship;
●Troubleshoots problematic situations on behalf of the agency and our consumers;
●When legal intervention is being considered, reviews with the Protective Services supervisor the pros and cons of the various options available;
●Prepares ongoing correspondence on any case the agency has been involved with which includes deceased representative payee, transfers of property, conversion of assets, and alike;
●Reviews requests for all protective service case records to be submitted to the Orphan’s Court for "in camera review";
●Makes recommendations concerning cases that the agency presents for guardianship;
●Consistent with the agency’s policy, that guardianship is the measure of last resort after all other options have been exhausted, prior to approaching the court system, reviews and discusses the less restrictive measures already put forth by the agency;
●Advises agency staff on guardianship process and prepares staff for offering testimony;
●Acknowledges, validates and conveys the expertise of agency staff as witnesses during court related interaction/proceedings;
●Works in conjunction with the Guardian Ad Litem;
●Prepares all legal correspondence for the Orphan’s Court;
●Drafts temporary, emergency, and permanent guardianship petitions, as well as proposed court orders, PS involuntary petitions/access orders, 72 hour follow-up hearing petitions, and legal intervention for service delivery;
●Files all documents, court petitions, and court orders with Prothonotary’s Office, Recorder of Deeds, and the Clerk of Courts;
●Provides supportive services on the agency’s court appointed guardianship cases;
●On an as-needed basis, responsible for case specific legal research;
●Serves as a legal liaison with the Pennsylvania Department of Aging, North Penn Legal Services, and other legal entities.