Subchapter A. GENERAL PROVISIONS
LEGAL BASE Sec.
11.1. Legal base of regulations.
GENERAL
11.11. Guardian Office.
11.12. Guardian Office responsibilities.
11.13. Fiscal management.
11.14. Conflicting interests.
11.15. Duties.
11.16. Prohibited activities.
STAFFING AND GENERAL RESPONSIBILITY
11.31. Staffing.
11.32. Director.
11.33. Personnel decisions.
11.34. Suspension or dismissal.
11.35. General responsibilities.
11.36. Guardian Officer duties.
11.37. Guardian Officer bond.
11.38. Office hours.
11.39. Cooperation of institutional staff.
11.40. Advocacy.
LEGAL BASE
§ 11.1. Legal base of regulations.
The legal base of this chapter is section 201 and following of the Mental Health and Mental Retardation Act of 1966 (50 P. S. § 4201) and an Order of Court in the case of Vecchione v. Wohlgemuth, C.A. No. 73-162 (E.D. Pa.), entered June 30, 1978.
GENERAL
§ 11.11. Guardian Office.
Each mental health hospital and state center shall have an autonomous office known as the Guardian Office with the authority to implement and administer a system of patient money management. The Guardian Officer shall serve as a court-appointed guardian and representative payee for incompetent patients and residents and shall, with their consent, assist competent clients in managing their funds.
§ 11.12. Guardian Office responsibilities.
It is the Guardian Office’s responsibility to insure that the financial affairs of clients for whom the officer has been appointed guardian or is serving as representative payee are managed in the client’s best interests.
§ 11.13. Fiscal management.
Fiscal management on behalf of clients shall view the total of the client’s financial needs and obligations, both immediate and long-range, including the need for assets and income with regard to and after discharge from the facility. The Guardian Office at all times has the obligation to preserve the clients’ funds by attempting to reduce or eliminate the amount of the clients’ liability. The Guardian Officer is, however, authorized and required to pay debts and obligations determined in accordance with the law.
§ 11.14. Conflicting interests.
The interests or concerns of other entities is not permitted to influence the discharge of these duties.
§ 11.15. Duties.
It is the Guardian Office’s responsibility to act as fiscal advocate on behalf of the client and to act to protect the legal rights of the client in fiscal matters. When reasonable grounds exist, the Guardian Office shall request abatement, modification or discharge of the client’s assessed liability on the grounds specified in this chapter.
§ 11.16. Prohibited activities.
The Guardian Officer may neither seek nor accept appointment as guardian of the person and may not make treatment decisions or be involved with them other than to determine whether the expenditure of funds in accordance with the treatment plan is in the patient’s best interest.
STAFFING AND GENERAL RESPONSIBILITY
§ 11.31. Staffing.
Each institution shall be staffed with a Guardian Officer and such other personnel as may be required to assist the Guardian Officer in carrying out the responsibilities outlined in this chapter. The staff of the office are employes of the Department of Human Services, subject to this chapter, and are administratively placed under the Director of the Bureau of Guardianship Programs who reports to the Deputy Secretary for Social Programs.
§ 11.32. Director.
There shall be created under the Deputy Secretary for Social Programs an autonomous Bureau of Guardianship Programs. The Bureau will be staffed by a Director and other appropriate staff as necessary and will have access to various support staff within the Department. The Director will provide both policy and operational supervision over the operations of the various Guardian Officers.
§ 11.33. Personnel decisions.
Personnel decisions regarding the Bureau of Guardianship Programs will be made by the Director, subject to review by his supervisor. A personnel action is subject to applicable provisions of the existing collective bargaining agreement.
§ 11.34. Suspension or dismissal.
No director, officer or staff may be suspended or dismissed solely for exercising authority granted under this chapter.
§ 11.35. General responsibilities.
The Guardian Officer and employes responsible for maintaining client funds shall be familiar with their responsibilities and duties as a guardian/representative payee, with provisions relating to abatement, modification and discharge of liability as well as all procedures, regulations and information relating to the handling and maintenance of client funds. The Director shall provide uniform interpretation of procedures and policies concerning the operation of the Bureau as needed.
§ 11.36. Guardian Officer duties.
The Guardian Officer is solely responsible for any misuse or mismanagement of funds for which he is responsible. The Guardian Officer shall insure, establish and verify that funds are discharged in accordance with this chapter, and in the best interests of the client.
§ 11.37. Guardian Officer bond.
Each Guardian Officer shall have on file with the Secretary of the Commonwealth a bond at least equal to the total amount of client money and personal property for which he serves as guardian or payee.
§ 11.38. Office hours.
The Guardian Offices shall be open to clients during regular working hours on a basis sufficient to accommodate clients’ needs. Provisions shall be made to accommodate emergency situations.
§ 11.39. Cooperation of institutional staff.
The institutional staff shall provide full cooperation and assistance to the Guardian Officer in all matters related to the discharge of the responsibilities outlined in these regulations.
§ 11.40. Advocacy.
The Guardian Officer has and shall exercise advocacy responsibility in the conduct of any activity undertaken on behalf of the client which involves the expenditure of client funds.
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