GuardiaCare Services | Guiding Hand, Caring Heart

Financial Management Services

GuardiaCare is the only full-service program in Kentucky offering payee and guardianship services through a single agency. Services are provided based upon the needs of the client and the services may range from Representative Payee to Full Guardian. Referrals are primarily received from the Social Security Administration (SSA), Adult Protective Services (APS) and Jefferson District Court.

FAQ’s ( Frequently Asked Questions )

Q. What are the qualifications of the staff?

A. The program director of over 13 years, Becky Smith, has worked professionally in social services for over 35 years. She holds a Master of Science degree in Social Work, licensed as a Certified Social Worker and is the only Registered Guardian in Louisville. Our Case Managers have degrees that range from Long Term Care to Social Work. They have extensive knowledge of community resources and work cooperatively with other agencies to ensure client needs are met. Support staff includes a Court Liaison with experience in both the court system and the banking industry. The Chief Financial Officer is degreed in accounting and has held this position for over 12 years.

Q. What are the office hours?

A. GuardiaCare’s Fiduciary program hours are Monday-Friday from 8:30am to 4:30 pm. If an emergency occurs after normal business hours, staff may be contacted by calling the Crisis and Information Center at 589-4313.

Q. Who is served by GuardiaCare’s fiduciary program?

A. GuardiaCare currently serves as representative payee and/or court appointed representative for over 300 individuals in Jefferson County. Clients range in age from 18 to 102 from every socio-economic background. Most of our payee clients were not able to secure an appropriate private payee. Many have one or more of the following disabilities/issues: Substance abuse, mental illness, developmental disabilities, dementia or other cognitive impairment. Most have either a history of being the victim of financial exploitation or of misusing their own funds.

Court-appointed clients tend to be elderly individuals with dementia and/or other cognitive or physical disabilities. While some of our clients have families who are unable to serve as fiduciary for a variety of reasons (e.g. live out of state, estranged relationship, discomfort with serving as fiduciary, personal illness or disability), many times we are asked by the courts to serve as conservator/guardian when the individual has fallen prey to financial exploitation.

Q. What services are provided by the fiduciary program?

A. The following services are provided:

Representative Payee – As Representative Payee, the agency receives the client’s, Social Security, SSI, Railroad Retirement, Veteran’s benefits and/or Black Lung benefits. Clients have some input about how their benefits are spent and in most cases meet with their case manager to establish a budget. However, case managers must set some guidelines as to how the funds are spent and must make the final decision if there is incongruity between the needs and desires of the client. The Payee has access to the Social Security check, but has no access to any other income sources or bank accounts belonging to the client. The Representative Payee designation is voluntary and may be terminated by either the client or agency.

Curator – GuardiaCare can also serve as Curator for individuals who have more assets or income than just Social Security benefits that must be managed. Curatorships are only done for individuals who are still able to make their own legal decisions and who are not cognitively impaired. Once a Curatorship is established in Probate Court, an Inventory is filed within 60 days and financial accountings are filed annually. The Curator may access income and other assets of the client to assure funds are protected and used for the needs of the individual. Because this appointment is voluntary, either the client or the agency may file a motion in Probate Court to request that the Curatorship be dissolved.

Conservator – A Conservator is appointed by Disability Court after a jury has determined the individual is too “disabled” to handle financial affairs. When making the appointment, the judge must consider the individual’s former Power of Attorney (POA), family or other specific preferences. However, the judge must select a conservator that is “in the best interest” of the individual. It is not uncommon for GuardiaCare to serve only as Conservator while another may be appointed as Personal Guardian to manage medical decisions and living arrangements. An Inventory of the client’s assets and a Plan to Preserve Ward’s Estate is filed with Disability Court within 60 days of our appointment and a detailed financial accounting and Plan to Preserve Ward’s Estate is then filed annually for all Conservatorship clients. Unlike the Curatorship, the individual may not choose to have a conservator discharged from his/her duties. However, the client, GuardiaCare or another interested party such as the Guardian Ad Litem or family member may file a motion with the court asking for a change to another conservator.

Limited Guardian – At times, the jury may decide that the individual may not be fully disabled and should retain some of his/her rights. In that case, the judge will make the final decision on which rights may be retained. The rights listed on the Appointment are the right to: vote, dispose of property, execute instruments, enter into contractual relationships, determine living arrangements, consent to medical procedures and maintain a motor vehicle operator’s license. The Limited Guardian must file an Inventory of the client’s asset along with a Plan to Preserve Ward’s Estate in Disability Court within 60 days of the appointment and a detailed Financial Accounting and Plan to Preserve Ward’s Estate is filed annually. The guardianship will be automatically reviewed in five (5) years and can only be changed by order of the court.

Full Guardian - When GuardiaCare serves as Full Guardian, GuardiaCare staff is responsible for making all personal and financial decisions for the individual. In making this appointment, the judge may include specific requirements as necessary. An inventory of the client’s assets along with a Plan to Preserve Ward’s Estate is filed with Disability Court within 60 days of the appointment. A detailed Annual Reportof the Personal Guardian, a Financial Accounting and a Plan to Preserve Ward’s Estate is then filed annually for all guardianship clients. The Full Guardian may only be changed by order of the court.

Q. What fees are charged for service?

A. Social Security allows the agency to charge the payee client up to 10% of the monthly income with an upper limit that is generally increased each January. For 2008, the maximum fee allowed for payee services is $35.

The Veteran’s Administration allows a fee of 4% for representative payee clients and 5% for court appointed clients of V.A. derived income (KRS 388.300).

The Kentucky Revised Statutes allow Curators to collect a fee of 5% of the client’s monthly income and an additional 5% of the principal balance of the estate at the time of disposition of the assets (KRS 395.150) .

Under state statute, guardianship clients with GuardiaCare are assessed a fee of 6% of monthly income and then an additional 6% of the principal balance of the estate at the time of disposition of the assets (KRS 386.180 and 387.760).

Q. Can client fees be waived?

A. Because GuardiaCare receives some grant monies, payee client fees can be waived in special circumstances. Since there are a limited number of slots available for individuals who are unable to pay a client fee, requests are reviewed on a case-by-case basis. Priority is given to individuals who are being financially exploited, abused or at risk of harm to themselves or others.

Q. What safeguards are in place to ensure client funds are used appropriately?

A. GuardiaCare maintains stringent checks and balances to ensure client funds are protected. They include:

Separation of duties – checks for expenses from the client’s account are requested or approved by the case manager and then submitted to the Finance Department to be written. Once the check is written, the Fiduciary Services Program Director reviews and signs it. The checks and balances involved in the expenditure of client funds are maintained by having three separate individuals involved before a check leaves the GuardiaCare office.
An Annual Report for each payee client is sent to Social Security and/or Veteran’s Administration accounting for all retirement and disability benefits received by GuardiaCare on behalf of the clients.
GuardiaCare submits an Annual Report to the court that includes a detailed accounting of all financial transactions on behalf of the court appointed client.
Quarterly, a random sample including both payee and court cases undergoes a Quality Assurance review.
An external accounting firm completes an annual audit.

Q. How does GuardiaCare’s fiduciary program measure its success?

A. Aware that the lives of the clients are changed for the better when GuardiaCare uses its expertise to provide both protection and referrals to community resources, it is difficult to measure “better” objectively. To address this problem, the Fiduciary program developed “Outcome Measures” (goals) that reflect what success means in our program. Measurement of these goals allows the agency to determine if it has been successful in meeting its goals. “Outcome Measures” are used for various funding sources such as Metro United Way, Metro Louisville Government and the Coalition of the Homeless to track the success of our program.

By measuring the outcomes, results for individuals entering our program during the calendar year 2007 were:

Clients have less funds at risk of exploitation - 100% had a seventy-five (75%) percent reduction in the amount of financial resources at risk for exploitation.

Clients have access to healthcare services - 90% had health insurance coverage within six months of admission to the program.

Clients have some type of final arrangements in place - 65% had either a life insurance or pre-paid burial plan within six months of admission to the program.

Clients will achieve stability with a payee/guardian in place - 98% of clients were considered stable after 12 months in the program.

Clients are able to function successfully within a structured environment - 80% of clients who pick up their checks at the agency, did so sober and on their scheduled day.

GuardiaCare utilizes a computer software program that was specifically designed for the Financial Management Program. The RPM (Representative Payee Manager) Program has many features including: individual tracking of each client’s transactions, a case notes section, sections available to record and track vital information, generation of client, vendor, and program reports and statistics, etc. By utilizing this program, staff is easily able to access the financial impact of the Financial Management program. For example, during the 2007-08 Fiscal Year, the Financial Management program paid out in client funds:

Over $3.5 million to landlords, mortgage companies, nursing homes and boarding homes
Over $123,000 for food vouchers
Over $144,000 for utilities to Louisville Gas & Electric and the Louisville Water Company

Through the Financial Management Program, GuardiaCare Services, Inc. is dedicated to promoting and supporting independent and stable lives for persons at financial and physical risk.



	Financial Overview Financial Management Services GuardiaCare is the only full-service program in Kentucky offering payee and guardianship services through a single agency. Services are provided based upon the needs of the client and the services may range from Representative Payee to Full Guardian. Referrals are primarily received from the Social Security Administration (SSA), Adult Protective Services (APS) and Jefferson District Court. FAQ’s ( Frequently Asked Questions ) Q. What are the qualifications of the staff? A. The program director of over 13 years, Becky Smith, has worked professionally in social services for over 35 years. She holds a Master of Science degree in Social Work, licensed as a Certified Social Worker and is the only Registered Guardian in Louisville. Our Case Managers have degrees that range from Long Term Care to Social Work. They have extensive knowledge of community resources and work cooperatively with other agencies to ensure client needs are met. Support staff includes a Court Liaison with experience in both the court system and the banking industry. The Chief Financial Officer is degreed in accounting and has held this position for over 12 years. Q. What are the office hours? A. GuardiaCare’s Fiduciary program hours are Monday-Friday from 8:30am to 4:30 pm. If an emergency occurs after normal business hours, staff may be contacted by calling the Crisis and Information Center at 589-4313. Q. Who is served by GuardiaCare’s fiduciary program? A. GuardiaCare currently serves as representative payee and/or court appointed representative for over 300 individuals in Jefferson County. Clients range in age from 18 to 102 from every socio-economic background. Most of our payee clients were not able to secure an appropriate private payee. Many have one or more of the following disabilities/issues: Substance abuse, mental illness, developmental disabilities, dementia or other cognitive impairment. Most have either a history of being the victim of financial exploitation or of misusing their own funds. Court-appointed clients tend to be elderly individuals with dementia and/or other cognitive or physical disabilities. While some of our clients have families who are unable to serve as fiduciary for a variety of reasons (e.g. live out of state, estranged relationship, discomfort with serving as fiduciary, personal illness or disability), many times we are asked by the courts to serve as conservator/guardian when the individual has fallen prey to financial exploitation. Q. What services are provided by the fiduciary program? A. The following services are provided: Representative Payee – As Representative Payee, the agency receives the client’s, Social Security, SSI, Railroad Retirement, Veteran’s benefits and/or Black Lung benefits. Clients have some input about how their benefits are spent and in most cases meet with their case manager to establish a budget. However, case managers must set some guidelines as to how the funds are spent and must make the final decision if there is incongruity between the needs and desires of the client. The Payee has access to the Social Security check, but has no access to any other income sources or bank accounts belonging to the client. The Representative Payee designation is voluntary and may be terminated by either the client or agency. Curator – GuardiaCare can also serve as Curator for individuals who have more assets or income than just Social Security benefits that must be managed. Curatorships are only done for individuals who are still able to make their own legal decisions and who are not cognitively impaired. Once a Curatorship is established in Probate Court, an Inventory is filed within 60 days and financial accountings are filed annually. The Curator may access income and other assets of the client to assure funds are protected and used for the needs of the individual. Because this appointment is voluntary, either the client or the agency may file a motion in Probate Court to request that the Curatorship be dissolved. Conservator – A Conservator is appointed by Disability Court after a jury has determined the individual is too “disabled” to handle financial affairs. When making the appointment, the judge must consider the individual’s former Power of Attorney (POA), family or other specific preferences. However, the judge must select a conservator that is “in the best interest” of the individual. It is not uncommon for GuardiaCare to serve only as Conservator while another may be appointed as Personal Guardian to manage medical decisions and living arrangements. An Inventory of the client’s assets and a Plan to Preserve Ward’s Estate is filed with Disability Court within 60 days of our appointment and a detailed financial accounting and Plan to Preserve Ward’s Estate is then filed annually for all Conservatorship clients. Unlike the Curatorship, the individual may not choose to have a conservator discharged from his/her duties. However, the client, GuardiaCare or another interested party such as the Guardian Ad Litem or family member may file a motion with the court asking for a change to another conservator. Limited Guardian – At times, the jury may decide that the individual may not be fully disabled and should retain some of his/her rights. In that case, the judge will make the final decision on which rights may be retained. The rights listed on the Appointment are the right to: vote, dispose of property, execute instruments, enter into contractual relationships, determine living arrangements, consent to medical procedures and maintain a motor vehicle operator’s license. The Limited Guardian must file an Inventory of the client’s asset along with a Plan to Preserve Ward’s Estate in Disability Court within 60 days of the appointment and a detailed Financial Accounting and Plan to Preserve Ward’s Estate is filed annually. The guardianship will be automatically reviewed in five (5) years and can only be changed by order of the court. Full Guardian - When GuardiaCare serves as Full Guardian, GuardiaCare staff is responsible for making all personal and financial decisions for the individual. In making this appointment, the judge may include specific requirements as necessary. An inventory of the client’s assets along with a Plan to Preserve Ward’s Estate is filed with Disability Court within 60 days of the appointment. A detailed Annual Reportof the Personal Guardian, a Financial Accounting and a Plan to Preserve Ward’s Estate is then filed annually for all guardianship clients. The Full Guardian may only be changed by order of the court. Q. What fees are charged for service? A. Social Security allows the agency to charge the payee client up to 10% of the monthly income with an upper limit that is generally increased each January. For 2008, the maximum fee allowed for payee services is $35. The Veteran’s Administration allows a fee of 4% for representative payee clients and 5% for court appointed clients of V.A. derived income (KRS 388.300). The Kentucky Revised Statutes allow Curators to collect a fee of 5% of the client’s monthly income and an additional 5% of the principal balance of the estate at the time of disposition of the assets (KRS 395.150) . Under state statute, guardianship clients with GuardiaCare are assessed a fee of 6% of monthly income and then an additional 6% of the principal balance of the estate at the time of disposition of the assets (KRS 386.180 and 387.760). Q. Can client fees be waived? A. Because GuardiaCare receives some grant monies, payee client fees can be waived in special circumstances. Since there are a limited number of slots available for individuals who are unable to pay a client fee, requests are reviewed on a case-by-case basis. Priority is given to individuals who are being financially exploited, abused or at risk of harm to themselves or others. Q. What safeguards are in place to ensure client funds are used appropriately? A. GuardiaCare maintains stringent checks and balances to ensure client funds are protected. They include: Separation of duties – checks for expenses from the client’s account are requested or approved by the case manager and then submitted to the Finance Department to be written. Once the check is written, the Fiduciary Services Program Director reviews and signs it. The checks and balances involved in the expenditure of client funds are maintained by having three separate individuals involved before a check leaves the GuardiaCare office. An Annual Report for each payee client is sent to Social Security and/or Veteran’s Administration accounting for all retirement and disability benefits received by GuardiaCare on behalf of the clients. GuardiaCare submits an Annual Report to the court that includes a detailed accounting of all financial transactions on behalf of the court appointed client. Quarterly, a random sample including both payee and court cases undergoes a Quality Assurance review. An external accounting firm completes an annual audit. Q. How does GuardiaCare’s fiduciary program measure its success? A. Aware that the lives of the clients are changed for the better when GuardiaCare uses its expertise to provide both protection and referrals to community resources, it is difficult to measure “better” objectively. To address this problem, the Fiduciary program developed “Outcome Measures” (goals) that reflect what success means in our program. Measurement of these goals allows the agency to determine if it has been successful in meeting its goals. “Outcome Measures” are used for various funding sources such as Metro United Way, Metro Louisville Government and the Coalition of the Homeless to track the success of our program. By measuring the outcomes, results for individuals entering our program during the calendar year 2007 were: Clients have less funds at risk of exploitation - 100% had a seventy-five (75%) percent reduction in the amount of financial resources at risk for exploitation. Clients have access to healthcare services - 90% had health insurance coverage within six months of admission to the program. Clients have some type of final arrangements in place - 65% had either a life insurance or pre-paid burial plan within six months of admission to the program. Clients will achieve stability with a payee/guardian in place - 98% of clients were considered stable after 12 months in the program. Clients are able to function successfully within a structured environment - 80% of clients who pick up their checks at the agency, did so sober and on their scheduled day. GuardiaCare utilizes a computer software program that was specifically designed for the Financial Management Program. The RPM (Representative Payee Manager) Program has many features including: individual tracking of each client’s transactions, a case notes section, sections available to record and track vital information, generation of client, vendor, and program reports and statistics, etc. By utilizing this program, staff is easily able to access the financial impact of the Financial Management program. For example, during the 2007-08 Fiscal Year, the Financial Management program paid out in client funds: Over $3.5 million to landlords, mortgage companies, nursing homes and boarding homes Over $123,000 for food vouchers Over $144,000 for utilities to Louisville Gas & Electric and the Louisville Water Company Through the Financial Management Program, GuardiaCare Services, Inc. is dedicated to promoting and supporting independent and stable lives for persons at financial and physical risk. GuardiaCare Services, Inc. is a 501(c )(3) non-profit social service agency. Copyright, 2007. All rights reserved.

Financial Overview