RD436 - 2010 Annual Report - Virginia Public Guardian and Conservator Program


Executive Summary:
The current program continues to respond to the documented need for guardians of last resort. From modest beginnings in 1994 when the General Assembly appropriated funds to explore the feasibility of a publicly funded program and subsequent service to 93 clients, the program had grown in capacity to serve 638 vulnerable at risk adults. In addition and pursuant to recommendations contained in House Document Number 37, Report of the Select Committee to Study the Statewide System of Providing Substitute Consent for People with Mental Disabilities, (2002), the Virginia Department for the Aging (VDA), in partnership with the Department of Behavioral Health and Developmental Services (DBHDS), has significantly increased services available to people served by Community Service Boards (CSBs) and more than doubled statewide coverage areas. In addition to program growth, the Virginia Public Guardian and Conservator Advisory Board continues to demonstrate strong and effective advocacy on behalf of the public program and serve as a valuable resource.

State Budget Reductions: Impact on Service to Behavioral Health Clients

In fiscal years 2007 thru 2009, the General Assembly invested significant resources through DBHDS to provide guardianship services to individuals currently residing in, or at risk of placement in, state mental retardation (MR) training centers. DBHDS, working collaboratively with VDA, added significant capacity to the existing public program by authorizing an additional 272 slots for at risk adults. As a result, capacity for the entire program grew from 366 to 638 persons, representing an increase of 74%. However, as a direct result of State budget reductions, 18 client slots funded through DBHDS were eliminated, reducing program capacity from 638 persons to the current level of 620 persons.

Impact on Olmstead Requirement

Comporting with the Commonwealth's Olmstead Initiative, the Virginia Public Guardian and Conservator Program continues to provide a cost effective method to serve incapacitated individuals, including those with disabilities, enabling them to live in the community rather than state institutional facilities.

Implementation of Public Guardian Regulations - Effective 1/1/09

Implementation of the Virginia Public Guardian and Conservator Regulations were approved last year and became effective January 1, 2009. Implementation has gone reasonably well and training on the new regulations has been provided to local programs throughout the Commonwealth.