Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-99-7 - Management of Conservatorship of the Protected Person7.1. Services Generally. 7.1.a. The corporation shall maintain an effective and direct role in the execution of its conservatorship responsibilities. To this end, the corporation shall through its membership, employees, officers and directors be directly responsible for certain requirements specified in this rule. The corporation may effectuate other responsibilities as specified in Subsection 5.15. of this rule.7.1.b. A protected person shall receive services according to his or her needs, characteristics, and capabilities.7.1.c. The corporation shall have documented regular contact with the protected person as frequently as indicated by the needs, characteristics, capabilities, living circumstances and any other pertinent conditions of the protected person and as feasible to the fiscal resources of the protected person and the corporation: Provided, that there shall be no less than one person-to-person contact between the corporation membership or staff and the protected person per year.7.1.d. The corporation shall encourage protected persons to participate to the maximum of their abilities in all decisions affecting them.7.2. Staffing. 7.2.a. The corporation shall designate a specific representative for each protected person of the corporation. This responsibility may not be satisfied through contract or arrangement with another entity.7.2.b. The representative shall be responsible for maintaining continuity of the corporation's relationship to the protected person and shall be personally familiar with the protected person and his or her circumstances.7.2.c. Conservator representatives shall be qualified for their jobs by virtue of training, experience or a combination of both. The corporation shall develop detailed statements of the experience and training requirements for conservator representatives. The corporation may provide or arrange for training, where needed, to supplement deficiencies in the representative's capabilities to perform the job. The representative shall be given supervision or consultation by an individual who is appropriately qualified until training is sufficient.7.2.d. The corporation shall maintain an employee training program which shall provide at a minimum: 7.2.d.1. Orientation and training for new employees and volunteers to acquaint them with the philosophy, organization, programs, practices and goals of the corporation;7.2.d.2. Orientation to talking competently with protected persons for purposes of a routine contact basis.7.2.d.3. Additional initial and continued training needed specific to the duties, the responsibilities and the competency of the employee; and7.2.d.4. Training in management of accounts, property and financial assets.7.3. Protection and Advocacy.7.3.a. The corporation shall define procedures for the procuring or provision of legal counsel to represent the interests of the protected person and shall procure legal counsel when it is in the best interests of the protected person. Any person providing legal services to the corporation shall not be eligible to act as legal counsel for the protected person.7.3.b. The corporation shall inform the protected person regarding the procedures for terminating or changing the type of conservatorship or the conservator.7.3.c. The corporation shall assure that those persons who provide services to the protected person respect the rights and dignity of the protected person.7.3.d. The corporation shall not perform any conservatorship function for any individual in the absence of lawful proceedings appointing the corporation as conservator, limited conservator or temporary conservator.7.3.e. The corporation may advise and assist families in implementing procedures to initiate conservatorship.7.3.f. Each corporation shall establish a conservatorship review committee to: 7.3.f.1. Review and otherwise pass upon all applications for conservatorship;7.3.f.2. Oversee the administration of accepted conservatorships;7.3.f.3. Review each case on a periodic basis to determine that conservatorship is in the best interest of each client and, if not, to petition for termination of the conservatorship; and7.3.f.4. Contact information for the protected person's next of kin.