Guardianship

and Payeeship Services

Guardianship 

Guardianship is a legal relationship established following a probate court hearing, in which a judge appoints a guardian to make decisions for an adult who lacks capacity. The adult is not able to make personal and/or financial decisions and is at risk of harm without a guardian's protection. Trillium staff serve as guardian of the person; the agency is named when guardianship of the estate services are needed. Conservatorship services are provided to individuals who although competent, have been determined by the probate court to be unable to manage their financial affairs. Conservatorship services are agreed upon by the adult and monitored by the probate court. 
 

Payeeship 

Payeeship services are provided to individuals who have been assessed unable to independently manage their government financial benefits and that inability significantly impacts their health and safety.

Geographic Area Served

Guardianship and conservatorship services are primarily provided to residents of Stark County. Guardianship services may be provided to residents of adjacent counties if it is determined that the client's distance will not be a barrier to quality service provision. The probate court in the county of the client's residence has jurisdiction over the guardianship/conservatorship. 

Payeeship services will only be provided to individuals residing in Stark County.  
 

Hours

8:00am -  5:00pm (Monday - Friday)
 
Evening hours can be arranged by appointment.The individual guardians/conservators are available on a 24/7 basis via distribution of their contact numbers to facilities where their ward's reside and distribution of their contact numbers to the crisis center which is accessible 24 hours per day, 7 days per week.  A guardianship program staff member is available 24 hours per day, 7 days per week via a pager and is able to access individual guardians in emergency situations. 

 

Parking is free at the parking garage with a validated parking ticket.            
 

Goals

The goals of the guardianship and payeeship services program are as follows.

  • To provide guardianship/conservator services to individuals legally determined to lack capacity to manage their personal and/or financial affairs, and who have no family member or friend willing, able, or suitable to serve in that capacity
  • To always serve as the guardian/conservator or representative payee of last resort
  • To provide payeeship services to individuals who lack the functional capacity to manage their government financial benefits and who have no family member or friend willing, able, or suitable to serve in that capacity
  • To educate, facilitate, and support families and other individuals involved with vulnerable adults in providing care and assistance to them
  • To provide services in a way to optimize the welfare, dignity, self-reliance, and independence of each individual client;
  • To serve as an advocate for the aged, disabled, vulnerable, and chronically ill population
  • Within the authority we are given, to make the best personal, medical, and financial decisions and to include our clients and their families/supports as much as possible in the decision making process
  • To uphold the standards and practice and model code of ethics of the national guardianship association


Intake & Eligibility Policy


 
 

Payeeship Services

 

  • The adult must be a resident of stark county and must have demonstrated an inability to independently manage their government financial benefits;
  • The referral source must be able to document the recent
  • Behavior of the adult and the reason why payeeship intervention is critical.
  • This inability must be documented by a physician and supported as the intervention of last resort by the gaps assessment worker.
  • The adult must have an assigned case manager to assist in the provision of any case management needs, as payeeship services can address budgeting and financial management only.
  • The final decision as to the appointment of a representative payee is made by the government agency issuing the financial benefits.
 
 

Guardianship/Conservatorship Services

 

  • The adult will be a resident of stark county.  Residency is defined as: the adult has lived in stark county for at least 6 months and plans to continue residing in stark county, or the adult has previously resided in an institution outside of stark county but is presently residing in an institution in stark county and plans to continue that residency.
  • Trillium family solutions will consider assuming guardianship/conservatorship responsibilities for out of county residents it if is determined guardianship/conservatorship services can be provided adequately at that distance;
  • There must be a physician or licensed clinical psychologist willing to complete the statement of expert evaluation form documenting the adult's inability to manage his personal/financial affairs.
  • The referral source must be able to document the recent behavior of the adult and the reason why guardianship/conservatorship intervention is critical;
  • It must be determined and demonstrated that no less restrictive intervention will protect the interests of the adult;
  • There must be no other party willing or suitable to assume this responsibility.  Trillium family solutions will only serve as the guardian of last resort.
  • There must be a funding source available to support the costs of guardianship service, including legal costs.
  • The probate court having jurisdiction over the case makes the final decision as to the need for and the appointment of a guardian/conservator.
 

Funding & Fee Policy

Payeeship services are supported by client fees. Client fees are determined per the guidelines of the governmental agency issuing the adult's benefits.

 
Guardianship services are funded by contracts with area hospitals, stark county mental health board, nursing home contracts, title xx, and client fees.  All fees charged to guardianship clients are approved by the probate court prior to payment.

Conservatorship services are funded by client fees as approved by the probate court.
If a funding source is not available to support the cost of service, Trillium Family Solutions will evaluate other options for service, including locating another suitable individual to assume the responsibility, or the agency's ability to provide the service at no cost.