Position Title: VOLUNTEER GUARDIAN
Responsibilities and Duties: Serve as court appointed Legal Guardian for
an incapacitated or partially incapacitated adult with developmental
disabilities. Assure that the rights of the person are protected.
Encourage the person to participate to the maximum extent of their
abilities in the decisions that affect the person’s life. And, assist the
person to develop or regain the skills necessary to meet the essential
requirements for their health and safety. Required to attend all Interdisciplinary
Team meetings and to file an Annual Report on the Guardianship with the
court and file any other reports as directed by the Judge.
Accountable to: District Court in which the guardianship was established
or was later transferred.
Purpose of the Position: To provide advocacy and substitute decision-
making for persons with developmental disabilities who do not have the
capacity to make their own decisions and do not have family members
able to serve as guardian.
Qualifications/Requirements: Must be a caring, devoted individual
who is willing to make a long-term commitment to a person with
developmental disabilities. Must be available to attend IHP, IEP, and
other Team meetings. Must be available and accessible to the
person they serve on a reasonable basis. Additional requirements
are set out in Oklahoma statutes and by the Developmental
Disabilities Services Division (see “Qualifications of Volunteer
Advocates and Guardians” ).
Training Required and/or Provided by the Agency: The TARC
ARCCorps Program will provide a training module that will cover the
basics of advocacy and guardianship. In addition to the initial
training, the Volunteer Recruiter will provide ongoing technical
assistance to a volunteer as needed.
Time Commitment: The amount of time required to serve as a
Volunteer Guardian will vary with the needs of the incapacitated
or partially incapacitated individual. The Guardianship statute
requires that a guardian “become or remain sufficiently acquainted
with the ward [person] and maintain sufficient contact with the
ward [person] to know the capacities, limitations, needs,
opportunities, and physical and mental health of the ward [person].”
The amount of time necessary to fulfill this statutory requirement can
vary. However, ARCCorps recommends that Volunteer Guardians
visit their wards at least once per month and call on the telephone
at least once per week. Guardians are encouraged to call and
visit as often as possible.
Benefits: Guardianship and Advocacy training, access to
TARC’s resource library, ongoing technical assistance from
ARCCorps staff, and the personal satisfaction of watching
someone learn and grow as a person.
Qualifications for Volunteer Advocates and Guardians
O.S. Title 30 Section 4-104, 4-105 sets forth the requirements for guardians, which DDSD
is using as criteria for volunteer advocates and guardians, along with additional stipulations:
A. volunteer is not a minor;
B. volunteer is not incapacitated or partially incapacitated;
C. volunteer is not a convicted felon (except upon further review by the court into the
nature of the felony and only with court approval);
D. volunteer is not under any financial obligation to the proposed ward/consumer;
E. there is no conflict of interest which would preclude or be substantially detrimental
to the ability of the person to act in the best interest of the proposed individual;
F. volunteer must be a resident of the state of Oklahoma for at least one year; and
G. volunteer supports the philosophy and values consistent with the DDSD mission
statement.
H. no person may act as a volunteer advocate or guardian for more than two individuals.
The role requirements are such that quality representation may be jeopardized if
more than two individuals are served, except in very unusual cases, and only
upon an approved exception per OAC 340:100-3-5.1.
DDSD supports the recruitment of volunteer advocates and guardians from outside the service delivery system. The intent is to avoid potential conflicts of interest. However, current and former non-DDSD OKDHS employees, contract providers and employees of contract providers may serve as Volunteer Advocates and Temporary Volunteer Advocates if:
A. an on-going relationship exists with the individual,
B. they are not providing direct services to the individual and are not employed by a provider agency that provides services to the individual.
The following individuals are ineligible to serve as Volunteer Guardians except as approved by the DDSD director or designee per OAC 340:100-3-5.1:
A. DDSD employees,
B. Immediate family members of DDSD employees who are members of the individual's Personal Support Team,
C. Extended family members of DDSD employees who are members of the individual's Personal Support Team and there is evidence that financial interdependence exists,
D. OKDHS employees cannot serve as Volunteer Guardians for residents of NORCE, SORC, or Greer, per 10 O.S. § 1415,
E. DDSD contract providers who serve the individual, e.g., residential, vocational, psychology, speech therapy, occupational therapy, foster parents, etc.,
F. Employees of contract providers who serve the individual,
G. Immediate family members of contract providers who serve the individual; and
H. Extended family members of contract providers who serve the individual, and there is evidence that financial interdependence exists.
