RD425 - 2014 Biennial Report - Virginia Public Guardian and Conservator Program


Executive Summary:
The Virginia Public Guardian and Conservator Program, within the Department for Aging and Rehabilitative Services (DARS), continues to respond to the documented need for guardians of last resort for adults aged 18 years and older who are adjudicated incapacitated and indigent by a Circuit Court and have no other person willing and able to serve as his or her Guardian. The current program has capacity to serve 601 adults through a cooperative agreement with the Department of Behavioral Health and Developmental Services (DBHDS). As of the first quarter of fiscal year 2014, the youngest client served by the program is 19 years old and the oldest client served is 95 years old. Demographically, 49% of clients served are middle age (30 to 59 years of age), 41% are older adults (60 years of age and older) and 10% are young adults (20 to 29 years of age).

Relevance to the "Olmstead" Requirement: the Partnership between the Department for Aging and Rehabilitative Services (DARS) and the Department of Behavioral Health and Developmental Service (DBHDS)

Comporting with the Commonwealth’s "Olmstead" initiative, the Virginia Public Guardian and Conservator Program continues to provide a cost effective method to transition vulnerable adults, who need a guardian, from Training Centers to improved lives in the community. Since 2006, with additional funding from DBHDS, the program has successfully enabled the transitioning of over 44 adults to the community at an estimated savings to the Commonwealth of more than $2,500,000 annually. This result was achieved through a coordinated team process involving Case Managers, Public Guardians and Training Center and DBHDS staff. In addition, DBHDS funding enabled some previously unserved areas of the Commonwealth to have public guardianship services in their area. Currently, DBHDS funding accounts for about 50% of the Virginia Public Guardian and Conservator Program budget.

Crisis Point and Urgent Unmet Need in the Commonwealth

Guardianship funding is critically needed to stabilize the current program and provide for urgent unmet demand. This includes incapacitated individuals leaving state training centers under the Department of Justice settlement, individuals languishing in hospitals and a growing number of ex-offenders being released back into the community who need guardianship services.

The Virginia Public Guardian & Conservator Advisory Board (VPGCAB)

The Advisory Board continues to serve as a valuable technical resource and advisor for the Program and supports DARS’ recommendations for program stabilization and expansion.

Recommendation: Increase Funding to Stabilize the Current Program and Serve 580 Individuals in Urgent Need of Guardianship Services

A total of $3,429,687 is needed to stabilize the current program ($409,000) and serve an additional 580 vulnerable adults in urgent need of Public Guardianship services ($3,020,687), including individuals in unserved areas of the Commonwealth. Unserved areas of the Commonwealth include the counties of Patrick, Henry, Pittsylvania, Halifax, Mecklenburg, Brunswick, Greensville, Lee and Dickenson among others. Without an increase in funding, stability of the current program and statewide expansion is not feasible.