4056 Personal Status Report | PUBLIC-GUARDIANSHIP-5800-MANUAL
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Georgia Division of Aging Services |
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Chapter: |
4050 Probate Court |
Effective Date: |
03/01/2022 |
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Section Title: |
Personal Status Report |
Reviewed or Updated in: |
MT 2022-02 |
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Section Number: |
4056 |
Previous Update: |
MT 2019-02 |
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Policy Statement
Public Guardianship Office staff shall complete personal status reports in a timely and accurate manner in accordance with Georgia Code and individual probate court mandates.
Legal Basis and Requirements
The Public Guardianship Office (PGO) shall comply with all applicable statutes, court orders, and local rules.
Personal status report (PSR) requirements as stated in Georgia Code are found in the Official Code of Georgia Annotated (O.C.G.A.) Section 29-4-22(b)(9).
PGO shall be responsible for:
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Submitting the initial PSR to the probate court within 60 calendar days after appointment, or as required by the court
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Submitting subsequent PSRs to the probate court within 60 calendar days after each anniversary date of appointment
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Submitting the PSR as required by local probate court rules or specific court orders
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Providing a copy to the person under guardianship
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Providing a copy to the conservator, if any.
The PSR is the primary monitoring tool submitted to the probate court for the purpose of updating the court on the physical, emotional, and mental condition of the person under guardianship as well as their living environment and the conduct of the guardian.
If a guardian fails to submit a timely PSR, the court may issue an order called a Rule Nisi which requires the guardian to address the failure to file.
If a Rule Nisi is issued when DHS fails to file a timely PSR, the DHS Representative will have to appear in court and provide an explanation as to why the PSR was not filed. There is a risk that the Georgia Department of Human Services (DHS) could be held in contempt of court or could be sanctioned.
Procedures
PGO staff shall obtain and complete the correct PSR form specific to the probate court in which it will be filed; forms may differ between probate courts at the court’s discretion. Although any PGO staff may complete a PSR, it is preferable that the case manager assigned to the case be the one to complete the PSR.
At a minimum, the PSR shall contain:
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A description of the person’s general condition, changes since the last report, and needs (including diagnoses and medications)
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All addresses of the person during the reporting period, and the living arrangements of the person for all addresses
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A description of the amount and expenditure of any funds that were received by PGO staff for the person’s support, care, education, health, or welfare
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Recommendations for any alteration in the guardianship order
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Dates of monthly contacts with client during reporting period.
If these minimum requirements are not addressed on the form, an additional page answering these questions shall be attached to the PSR.
Reporting Money Received on Behalf of the Person
By law, guardians must account for the receipt of funds for the support, care, education, health, or welfare of the person under guardianship. Although the Georgia Department of Human Services does not serve as conservator, if a PGO staff member receives money for the benefit of the person from any source, such as the person’s conservator, representative payee, or other financial manager, the amount must be reported on the PSR.
For example, PGO staff may receive money from the individual’s account at the nursing home to purchase clothes on one occasion and funds to purchase a radio on another occasion. The amount received to purchase these items and the amount spent on these items must be reported in the PSR. (Refer to MAN 5800, Appendix B, Cash Tracking Form).
Initial PSR
For the initial PSR due within 60 calendar days of appointment:
| Step 1 |
PGO Case Manager: The initial PSR must be completed and submitted to the supervisor within 30 calendar days of appointment. |
| Step 2 |
Supervisor: After review and approval by the supervisor, the PSR will be submitted to the PGO Program Assistant/Generalist within seven calendar days of receipt. |
| Step 3 |
PGO Program Assistant/Generalist: After the PSR has been received, the document will be completed in accordance with the required form established by the court. The report will then be forwarded to the District Manager or Section Manager for final review, approval and signature. The final report will be notarized by the PGO Program Assistant/Generalist or other available notary. The PGO Program Assistant/Generalist will mail the original to the appropriate probate court and send a copy to the person under guardianship and conservator, if any. |
| Step 4 |
PGO Program Assistant/Generalist: The PGO Program Assistant/Generalist will scan and upload the signed/notarized PSR to the person’s case file within 10 business days of completion. |
Ongoing PSR
For all subsequent PSRs:
| Step 1 |
PGO Case Manager: All PSRs due for the month in a PGO case manager’s caseload must be completed by the PGO case manager, or PGO staff covering the caseload, and submitted to the supervisor by the 25th calendar day of the previous month to when the report is due. Example: The personal status report is due on June 15th. The PSR shall be completed and submitted to the supervisor by May 25th. |
| Step 2 |
Supervisor: After review and approval by the supervisor, the PSR will be submitted to the PGO Program Assistant/Generalist for receipt by the first of the month it is due. |
| Step 3 |
PGO Program Assistant/Generalist: After the PSR has been received, the document will be completed in accordance with the required form established by the court. The report will then be forwarded to the District Manager or Section Manager for final review, approval and signature. The report will be notarized by the Program Assistant/Generalist or other available notary. The PGO Program Assistant/Generalist will mail the original to the appropriate probate court and send a copy to the person under guardianship and conservator, if any. |
| Step 4 |
PGO Program Assistant/Generalist: The PGO Program Assistant/Generalist will scan and upload the signed/notarized PSR to the person’s case file within 10 business days of completion. |
Final PSR
When a client has a successor guardian appointed, has his or her rights restored, or dies, a final PSR must be completed and submitted before the case is closed. O.C.G.A. § 29-4-43(a)
| Step 1 |
PGO Case Manager: The PSR must be completed and submitted to the supervisor no later than 5 calendar days after notification is received of the Department’s release of guardianship responsibility or death of the client. In situations involving the death of a client the case manager shall verify the client’s death. Verification shall be in the form of a Hospice Pronouncement of Death or obituary announcement if obtainable. If verification is not obtained within 5 days of notification, Case Manager will proceed without verification.
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| Step 2 |
Supervisor: After review and approval by the supervisor, the PSR will be submitted to the PGO Program Assistant/Generalist within seven calendar days for receipt. |
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| Step 3 |
PGO Program Assistant/Generalist: After the PSR has been received, the document will be completed in accordance with the required form established by the court. The PSR will then be forwarded to the District Manager or Section Manager for final review, approval, and signature. The final PSR will be notarized by the PGO Program Assistant/Generalist or another available notary. The PGO Program Assistant/Generalist will scan and upload the signed/notarized PSR into the case file, and death verification in cases of death. The original PSR will be mailed to the appropriate probate court. For Successor or Restoration cases a copy shall be sent to the former person under guardianship and conservator, if applicable. |