800.10 Purpose of the DDPAS-8
The purpose of the Guardianship Screen, DDPAS-8 is to determine whether there is an indication of need for further review of the individual's competency. The DDPAS 8 may be completed at any time during the Level II screening process.
A DDPAS-8 must be completed for each individual who does not already have a legal guardian.
If a legal guardian has already been appointed for an individual, the PAS agency must ensure that the individual's file contains documentation of official Court orders adjudicating disability and appointing the legal guardian. A copy of this documentation must also be attached to the DDPAS-8. No other information is needed. Sign and date the form.
For individuals for whom power of attorney has been established, the PAS agency must obtain copies of the document establishing power of attorney, review it, and attach it to the DDPAS-8. The PAS agency must note that the document is attached to the DDPAS-8 and continue with the rest of the form.
If the PAS agency determines, through the screening process, that the individual does not appear to require a guardian, the PAS agency will document the determination directly on the DDPAS-8.
If there is a question about the individual's capacity to make an informed decision, the PAS agency must refer the individual to Office of State Guardian (OSG). A copy of the DDPAS-8 must be sent directly to:
A copy of a completed, signed, and dated DDPAS-8 will be maintained in the individual's file.
800.20 Documentation Requirements
The following will describe the procedures for completing the DDPAS-8:
The DDPAS-8 must document the name, address, telephone number, diagnosis, and Social Security number of the individual being screened for guardianship need.
By indicating "yes" or "no," the PAS agency will document whether the individual has exhibited abilities, skills, and reactions in terms of decision making and memory, not physical limitations, in the following areas:
- Under Health Care, the areas are:
- Is reliable in regard to taking own medications
- Knows when he or she has a health problem
- Lets appropriate people know about health needs/problems
- Is able to indicate verbally or by gesture if in pain
- Cooperates with treatment and/or living arrangements suggested, when given information
- Is able to request medical, dental, and other appointments
- Under Informed Consent, the areas are:
- Cooperates with treatment when given information
- Cooperates with living arrangements
- Understands and is able to discuss alternatives to present and/or suggested treatments
- Is able to make reasonable decisions regarding alternative medical treatments suggested by doctors.
- Understands and is able to discuss possible risks of suggested treatment or potential placement opportunities
- Expresses treatment needs and living arrangement preferences
- Under Legal Matters, the areas are:
- Cooperates with the signing of documents presented by a person he/she trusts, if given good information
- Is able to request the services of a lawyer, if warranted
- Is able to instruct counsel (i.e., is able to define relevant legal problems and make decisions based on the alternatives presented by counsel)
- Is reasonably skeptical of strangers
- Is reasonably independent in thinking through problems and making decisions
- The PAS agency must identify for OSG's consideration the type and scopes of guardianship the individual appears to require. The various types and scopes of guardianship are:
- Total (Plenary) Guardian of Estate (finances)
- Total (Plenary) Guardian of Person
- Temporary Guardian of Estate (finances)
- Temporary Guardian of Person
- Limited Guardian of Person
- Successor or Transfer of Guardian
If no guardianship is needed, indicate that in the space provided.
- Since OSG is considered the guardian of last resort if other more historical and familiar supportive relationships are unavailable, it is important for the PAS agency to record all known family members, friends, associated organizations, or other persons who may be concerned or interested in the guardianship process on the DDPAS-8:
- If applicable, record the name, relationship, address, and telephone number of interested relatives or other persons.
- The PAS agency will document whether guardianship issues have been discussed with the individual's relatives and/or other interested persons. The PAS agency will record the persons' responses
- The PAS agency will complete the following information about the individual's financial status to the extent known. This financial information includes:
- Does the individual have a trust fund (type of trust), bonds, stocks, homestead, inheritance, or insurance? If so, specify.
- Is someone else managing the financial or personal affairs of the individual? If yes, is this person a family member, representative payee, or court appointed legal guardian? If managed by a provider, the PAS agency should note the name of a contact and the telephone number of the provider.
- Does the individual have a source of income through Social Security, SSI, Pension, or other? If so, note the amount and payee for each applicable source.
- Is there real estate and/or personal property? If so, note the description, location, and approximate value (e.g., less than $2,000, less than $25,000, less than $50,000, or more than $50,000).
The DDPAS-8 must be completed by a PAS QIDP, who must supply his/her name, telephone number, address, and date.