22VAC30-70-30.

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1. Designation – “…Funding for public guardianship programs is provided by the appropriation of general funds (italics ours)….”  PROPOSAL:  REQUEST THAT THIS SENTENCE BE REVISED TO READ, “Funding for public guardianship programs and capacity evaluations by licensed professionals to document some individuals’ incapacity, when appropriate - and the need for guardians and conservators - is provided by the appropriation of general funds.”  Currently there is no funding for professional capacity evaluations.  See quotations below for the justification of need for public funding of capacity evaluations, which are required as stated below.

C. Structure –

1. “…guardianship services to any incapacitated (italics ours) persons assigned by the court…”

2. “…multidisciplinary panel to (i.) screen cases for the purpose of ensuring that appointment of a guardian or conservator is appropriate (italics ours)…”

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E. Appointments –

                1.f. “In the case of an individual who receives case management from a …(CSB) or … (BHA), the multidisciplinary panel may also request the results of the “determination of capacity” (italics ours) as authorized by 12VAC35-115-145 (Determination of capacity to give informed consent or authorization)…”

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F.5. “The multidisciplinary panel described in subdivision C2 of this section shall review active cases at least once every 12 months to determine that:  a. The client continues to be incapacitated….” (italics ours)

12VAC35-115-145 has no provision for funding of capacity evaluations required for “individuals who may lack capacity…”  The only exception is when an individual or family objects to the results of a capacity evaluation and cannot pay for an independent evaluation.  Then the LHRC may be asked to “decide whether capacity was properly evaluated…” 

12VAC35-115-200 B. allows the LHRC to request an evaluation of “the individual at the provider’s expense…” (italics ours). 

Capacity evaluations should not be expected to be completed at the expense of any provider.  Hence, the need for public funding for capacity evaluations.

Finally, we support Senate Bill 585 from the Special Session of the General Assembly, which prompted another review of the use/value of Supported Decision Making as a better (less restrictive) approach to providing support and guidance than the more commonly used “full guardianship.”