Current through Register Vol. 43, No. 39, September 26, 2024
(a) Each
corporation requesting to be certified as suitable to perform the duties of a
guardian shall make application on forms prescribed by the secretary. Each
corporation, along with its application, shall furnish the agency with a copy
of its articles of incorporation, an organizational chart, including the names
of the board of directors, a current financial statement, and a detailed plan
of operation concerning its functions as a corporate guardian. The corporation
shall update the information provided on the application and attachments, as
necessary.
(b) To be eligible for
certification, each corporation shall:
(1)
Provide proof of corporate stability;
(2) provide proof of financial solvency;
(3) have access to qualified
professionals to provide consultation concerning the needs of the wards for
whom the corporation is acting as guardian;
(4) have access to an attorney to provide
necessary legal services in relationship to its guardian responsibilities;
(5) maintain liability insurance
coverage of at least $25,000.00 per occurrence for the protection of the wards
from corporate negligence;
(6)
provide orientation and in-service training, as approved by the agency, to
persons working with wards and their supervisors. No person may serve as a
supervisor or be directly responsible for a ward unless that person has
attended the required orientation or in-service training sessions, as
appropriate;
(7) assign a specific
individual to be directly responsible for each ward. No person shall be
directly responsible for more than 15 wards;
(8) assign a supervisor to each person who is
directly responsible for a ward. No supervisor shall have more than 10
supervisees;
(9) not assign a
person to be a supervisor or to work with wards if that person has ever been:
(A) Convicted of a felony or crime against
persons;
(B) removed as a guardian
or conservator by the court for cause; or
(C) relieved of responsibilities in the
guardianship program by a corporation for cause;
(10) ensure that the person assigned the
direct responsibility for a ward lives within 50 miles of the ward, has an
active involvement with the ward and makes contact with the ward, as necessary,
encourages appropriate interaction of immediate family members, relatives, and
friends with the ward, and effectively carries out the corporation's
guardianship responsibility to the ward. The person who is assigned
responsibility for a ward shall contact the ward at least once each week and
shall meet in person with the ward at least once each month. If a ward's mental
status is diminished to the extent that the ward cannot communicate with the
person assigned to the ward, the weekly contact shall be with a person who has
day to day contact with the ward or who supervises such activities;
(11) designate back-up persons for each
person assigned to a ward and maintain a 24 hour telephone system, at no cost
to the ward, to ensure coverage in an emergency;
(12) ensure that a ward is not used in a fund
raising or publicity campaign without the approval of the agency;
(13) have a written grievance procedure for
wards;
(14) assign a specific
staff person to act on behalf of the corporation to carry out the corporation's
guardianship responsibility for each ward for whom the corporation is acting as
guardian;
(15) maintain a file and
case log for each ward;
(16)
furnish reports to the agency, as requested;
(17) report serious injuries of wards to the
agency within 72 hours of their occurrence;
(18) notify the agency if a supervisor or
person working with a ward is:
(A) Convicted
of a felony or crime against persons;
(B) removed as a guardian or conservator by
the court for cause; or
(C)
relieved of responsibilities in the guardianship program by a corporation for
cause; and
(19) allow
the agency to have access to wards and their records.
(c) Hearings to revoke certification shall be
conducted pursuant to K.A.R. 30-7-26, et seq.