Colorado Office of Public Guardianship Services Overview
The Colorado Office of Public Guardianship (OPG) serves individuals in Denver County who are adults, indigent, and incapacitated with no suitable family or friends to act as their guardians. The OPG provides legal decision-making authority, housing/placement assistance, state and federal benefits coordination, and medical care planning. They do not offer financial services but aim to accept referrals in a streamlined process through their website or phone. Expectations include filing petitions for individuals with intellectual disabilities, cognitive impairments, mental health issues, or substance abuse problems.
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Colorado Office of Public Guardianship DFC presentation 03.11.2020
Colorado Office of Public Guardianship OPG Commission established 07.2017 Funded by donations, grants, gifts Appropriation & extension to 12.31.2023 Limited to 2ndJudicial District Director Report to General Assembly due by 01.01.2023 Probate, civil court fees to OPG General Fund
Eligibility Resident of Denver County* Adult Indigent Incapacitated No responsible family or friends who are available and appropriate to serve as guardian Not subject to an APS guardianship petition
Public Guardianship Services Legal decision-making authority depends on court determination Housing/placement State and Federal Benefits Medical and health care Least restrictive and person-centered planning No financial services
Colorado Office of Public Guardianship 4 Public Guardians (PG) 1 Staff Assistant Tentative plan to accept referrals by the end of March 2020 Policies ratified by OPG Commission CMS, web site considerations Eventually, a caseload of approximately 20 clients per PG
Referral Process Online referral process through CO OPG website and by phone. Must refer PRIOR to filing petition: https://colorado-opg.net or 303.606.2500 Registration Demographic information Income & benefits information Incapacity information, evaluation & medical documentation Family or friend availability or appropriateness information Petition and other pending court cases
Expectations of Referrals Attorney filing the petition Individual (pro se) or entity filing the petition Incapacity: Intellectual Disability/Developmental Disability Cognitive impairment Significant mental health issue Substance abuse issue Data: Concern with number of referrals decreasing once OPG reaches caseload availability Data: Streamlined process for outside of Denver County referrals
Director Report 01.01.2023 C.R.S. 13-94-105 Stakeholder Engagement Plan/Stakeholder Advisory Panel Quantify CO s unmet need for public guardianship services Quantify the average annual cost of providing guardianship services Quantify the net cost or benefit, if any, to the state that may result from the provision of guardianship services Identify any notable efficiencies and obstacles that the office incurred
Director Report 01.01.2023 Assess whether an independent statewide OPG or a nonprofit agency is preferable and feasible Analyze cost and off-setting savings to the state from delivery of services Provide uniform and consistent data elements regarding service delivery Assess funding models and viable funding sources for an independent OPG or nonprofit agency Strategy for discontinuation
Guardianship Standards of Practice National Guardianship Association https://www.guardianship.org/ Standards for Agencies and Programs Providing Guardianship Services Ethical Principles Standards of Practice Center for Guardianship Certification https://guardianshipcert.org/
NGA Ethical Principles 1. A guardian treats the person with dignity. (Standard 3) 2. A guardian involves the person to the greatest extent possible in all decision making. (Standard 9) 3. A guardian selects the option that places the least restrictions on the person s freedom and rights. (Standard 8) 4. A guardian identifies and advocates for the person s goals, needs, and preferences. (Standard 7) 5. A guardian maximizes the self-reliance and independence of the person. (Standard 9) 6. A guardian keeps confidential the affairs of the person. (Standard 11) 7. A guardian avoids conflicts of interest and self-dealing. (Standard 16) 8. A guardian complies with all laws and court orders. (Standard 2) 9. A guardian manages all financial matters carefully. (Standard 18) 10. A guardian respects that the money and property being managed belong to the person. (Standard 17) The term guardian includes all court-appointed fiduciaries.
Best Practices Individualized Guardianship Plan Person-Centered Planning Least restrictive alternatives
Informed Consent & Standards for Decision-Making Informed Consent Limits pursuant to C.R.S. 15-14-316 (4) Emergency Exceptions Standards for Decision-Making Surrogate Decision-Making Substituted Judgment Best Interest
Colorado OPG contact information Phone #: 303.606.2500 Email: Info@Colorado-opg.org Web site: https://colorado-opg.org Register Sign up for CO OPG Inside Look publication and email notices Sophia M. Alvarez: sophia.alvarez@Colorado-opg.org
