RD40 - 2008 Annual Report - Virginia Public Guardian and Conservator Program


Executive Summary:
*The attached report was replaced in its entirety by the Department for the Aging on February 26, 2008.

For fiscal years 2007 and 2008, the General Assembly invested significant resources in the Department of Mental Health Mental Retardation and Substance Abuse Services (DMHMRSAS) to provide guardianship services to individuals currently residing in, or at risk of placement in, a state mental retardation (MR) training center. As a direct result of funding received from DMHMRSAS, capacity in the public program administered by VDA was increased to serve an additional 83 persons in state MR training centers, 129 individuals in the community at risk of placement in state MR facilities and current funding will allow guardianship services for an additional 40+ at risk persons with a MR diagnosis. As such, total program capacity increased from 368 persons in fiscal year 2006 to 620-plus persons for fiscal year 2008.

Statewide Needs Assessment - Public Guardianship

In 2005, a study to assess the current and future need for public guardians in the Commonwealth was funded and responsibility assigned to the Virginia Department for the Aging (VDA) to obtain this study. VDA contracted with the Center for Gerontology at Virginia Polytechnic Institute and State University (Virginia Tech) to design and implement the study of public guardianship programs. Preliminary findings were presented in last year's report. The study is now completed and a final report is attached (The Need for Public Guardians in the Commonwealth of Virginia: Final Report, Roberto, Duke, Brossoie and Teaster, Virginia Polytechnic Institute and State University, Center for Gerontology, May 2007, 92 pages). In summary, there are over 1100 residents of the Commonwealth currently on waiting lists for guardianship services. By 2010 this number is expected to increase to 1,707; and by 2030 the estimated unmet need will be 2,170. These numbers are conservative in nature and represent only those impoverished persons in desperate need of state funded guardianship services.

Guardianship Regulations

After over 7 years in research and deliberations and with substantial assistance and input from the Virginia Public Guardian & Conservator Advisory Board, VDA has submitted Stage 3 of the Final Regulation. If approved by the Secretary and the Governor, VDA is on target to have a Final Regulation promulgated by second quarter 2008.