Guardian/Conservator Monitoring

THIRD JUDICIAL DISTRICT | IDAHO

Guardianship & Conservatorship Monitoring Program

GCMP Coordinator: Janet Caufield
1115 Albany St, Box19, Caldwell, ID 83301  |  208-453-4838  |  janet.caufield@canyoncounty.id.gov

To Protect and empower vulnerable individuals under guardianship or conservatorship through education, monitoring, enforcement, and community support.

The Third District Guardianship & Conservatorship Monitoring Program (GCMP) was created in 2016. The GCMP oversees all guardianship and conservatorship cases in the six counties of the district. The six counties include: Adams, Canyon, Gem, Owyhee, Payette and Washington. It is the duty of the GCMP to oversee guardianship and/or conservatorship cases that have been established by the Court and track the well-being of the vulnerable person through reporting requirements and monitoring.

The overall goal of court monitoring is to help ensure:

  • That persons under guardianship or conservatorship are protected against abuse
  • That appointed persons understand and fulfill their duties and responsibilities both prior to and during their appointment
  • Implementation of streamlined policies, procedures, and forms in the court system
  • A third party review system for monitoring the care of person under guardianship and conservatorships. This includes the review of all required reports that are submitted to the Courts. There is also a possibility of home visits, telephone visits, collateral contacts, in office appointments, and complaint follow up by the coordinator and/or volunteer visitors.
  • Answer questions about the complaint process and review received complaints if directed by the Judge
  • Develop ongoing resources and training about guardianships and conservatorships
  • Notify the Judge when reporting concerns have been resolved and request that a hearing be vacated
  • Bring a case to the attention of the Guardian Ad Litem, Attorney’s, Judge’s, and other relevant parties if needed
  • Direct guardian’s and conservator’s to community resources that may be able to assist them with any needs they may have
  • Conduct monitoring home visits, scheduled by the coordinator based on identified level of risk
  • File a home visit report to inform the Court as to the current status and/or needs of the person under guardianship and/or conservatorship
  • Collect, Compile, and analyze data relating to guardianships and conservatorships in the Third District
  • Identify the needs in the State of Idaho in relation to guardianships and conservatorships
  • Identify, recruit, and manage volunteers to assist in case monitoring function

Click here for: Guardian Duties & Responsibilities

  • Idaho Supreme Court Guardianship Forms – Court Assistance Office Website https://courtselfhelp.idaho.gov/Forms/Guardianship  This link provides access to the forms necessary to file as a self-represented party petitioning for guardianship of a minor, also provides the required guardian’s annual status report and accounting forms also the complaint form to report concerns to the Court.  A person is able to download the forms, fill them out and either electronically file or print them out to hand deliver to the courthouse for filing.  This page also has resources for the Guardian and Conservator.
  • Idaho Supreme Court www.isc.idaho.gov/guardianship/guardianship-conservatorship The guardianship/conservatorship link on the Idaho Supreme Court website provides a lot of information and links. If someone has a complaint regarding a case that has already been filed then the form is listed at this location.   Potential terms, statutes, court rules, and the online training for prospective guardians and conservators that will provide education are also provided on this website.
  • Idaho Volunteer Lawyer’s Program  www.isb.idaho.gov/ilf/ivlp/ivlp.html   or   1-800-221-3295 If someone is in need of an attorney and cannot afford the services. An application can be printed or filled out on line at the above web address. If the person does not have access to a computer they can call the above toll free number. This website also lists all available legal clinics throughout the State.
  • Idaho State Bar http://www.isb.idaho.gov/ If someone needs a referral for an attorney regarding a guardianship then they can put in a request at the above website. There is also an attorney directory for contact information. They can also download the Q & A Guardianship/ Conservatorship Brochure that answers many questions on the responsibilities and duties required after appointment.
  • The Board of Community Guardians was created to fulfill duties of a guardian for adult residents that are unable to care for themselves and cannot provide for their basic needs such as food, shelter, clothing, health care and safety.  The role of the Board of Community Guardians is to ensure these vulnerable adults are cared for and are protected from exploitation, abuse and neglect.
  • The Board of Community Guardians is established by the County Commissioners and serves as an extension of county government.  The Board consists of not fewer than seven, or more than eleven, members plus a Legal Liaison and County Coordinator.  The members of the Board are volunteer positions and represent a variety of community interests and professions.  A guardian visits a designated Person under Protection on a regular basis, ensuring each Protected Person is receiving the care and benefits to meet their needs.
  • Adams County – No Board
  • Canyon County – Yes Board
  • Gem County — Yes Board
  • Owyhee County – No Board
  • Payette County — Yes Board
  • Washington County — Yes Board

Eldercaring Coordination is a groundbreaking, new dispute resolution option that is still in its development stages. Specifically, Eldercaring Coordination is intended for those high conflict court cases involving issues related to the care and needs of elders. Eldercaring Coordination is to complement, not replace, other services such as: provision of legal information or legal representation; mediation; financial management or advice; individual/family therapy; or, medical, psychological or psychiatric evaluation or treatment. Eldercaring Coordination focuses on reducing the level of conflict in families so that family members are able to focus more productively on the issues at hand and work with others in their support system to provide legal advice, guidance and care to their elder loved one. Modeled after Parenting Coordination, Eldercaring Coordination will:

  • Help manage high conflict family dynamics so that the family’s focus turns to the elder loved one;
  • Enable the elder, family and stakeholders to address their non-legal issues independently from the court;
  • Ready the elder and family to work with collaterals to address medical, legal, financial and care issues, avoiding delays and resulting in better decisions for the elder;
  • Foster self-determination of the elder for as long as possible;
  • Promote safety by monitoring situations at high risk for abuse or neglect as it relates to elders and vulnerable adults;
  • Provide a support system for the elder and family during times of transition; and,
  • Reduce court intervention into family decisions over the needs and care of elder loved

Idaho is one of seven States that have volunteered to serve as pilots for the referral of cases to Eldercaring Coordination. The purpose of the project is to generate outcome data to enhance and improve the process and hopefully support its success so that it can ultimately be introduced into legislation. The Eldercaring Coordinator’s qualifications, training, ethical standards and other details can be found http://acreldersection.weebly.com .

For more information about Eldercaring Coordination, or if you believe you have a case that might be appropriate for the process, please contact the Pilot Site Administrator, Janet Caufield, at 208-453-4838, janet.caufield@canyoncounty.id.gov. The Third District in Idaho is excited about this Pilot Program and we look forward to working with members of the community on this project.

Information on Eldercaring Coordination: www.EldercaringCoordination.com

Elder Mediation is also a component of the Eldercaring Coordination process, there are a handful of qualified Elder Mediators in the Treasure Valley area. Contact Janet Caufield for information.