Guardians and conservators must have backgrounds free of any criminal/ personal/ fiscal issues which would prohibit certification or make the court to question their ability or ethics.

 

Guardians: Most professional guardians have a history of significant human services background that familiarizes them with medical care and issues, case management, the social services system, and federal/ state income and assistance programs. Some obtain this background by working for or with an existing guardian or conservator before considering independent practice. Most professional guardians in have a bachelor’s degree in a social service or medical field, a master’s degree, or are RNs or attorneys. Most have extensive human services background. 

 

Conservators: Most professional Conservators in Oregon have extensive backgrounds in fiscal management of client finances. Some are CPAs or have a combination of social services and accounting or asset management experience. Conservators need extensive knowledge of benefit programs, tax law, asset management, book-keeping, real estate, life and health insurance, property management, personal property management and more, within a case management/ client service context. Most Conservators have at least a Bachelor's degree.

 

Training in human services and fiscal management is available from many sources.

Training specific to fiduciary practice is available from, among others, bar associations, National Guardianship Association (particularly at the annual fall conference), and the Oregon GCA (Oregon’s NGA Affiliate). No one training or educational degree alone will give someone the skills and experience to be a guardian or Conservator.

 

Certification in Oregon is through the National Center for Guardian Certification. Guardians need a combination of experience and education, as well as a clean background and criminal record to be eligible to take the tests for national and Oregon certification. See the national website, at http://www.guardianshipcert.org/ for exam information. 

 

Also see the National Guardianship Association website, at http://www.guardianship.org/ for publications and practice standards and ethics for guardians.

 

Before Taking the Oregon Section of the Certification Test, potential Guardians and Conservators should also have significant understanding of:

ORS 125 http://www.leg.state.or.us/ors/125.html Guardianship and Conservatorship

ORS 127 http://www.leg.state.or.us/ors/127.html Powers of Attorney

ORS 130 http://www.leg.state.or.us/ors/130.html Uniform Trust Code

UTCR Chapter 9 Uniform Trial Court Rules  

Oregon Abuse Reporting Laws

Social Security Representative Payee Rules and Practices

Basic Accounting and basic asset management

Basic case management in a medical/ social context

Basic information about social security, SSI and Medicaid (where, why and when to use)

 

A few guardians work for non-profit associations or public agencies. Most are independent practitioners, hiring attorneys and staff depending on their practice needs, and developing a long-term reputation that will bring referrals to them. New practitioners should be aware that, as with any private practice, it will likely take a number of years to build a fiduciary practice. 

 

Some clients have estates that are large enough to support the fees of a Guardian or Conservator. Occasionally, a public or private funding source is available for some fees. 

The supervising probate judge must approve all fee collections, so the guardian or conservator will generally experience a significant lag time between when work occurs and when payment can legally be collected. Most private practitioners report that at least 30% of their activities are “pro bono”, not billable, or not collectable.

 

Guardianship and Conservatorship appointments frequently continue for the life of the client. When a Guardian or Conservator wants to leave the business or retire, they will generally be expected to secure another suitable fiduciary and supervise getting their cases through the court process to have them assigned to another guardian or conservator that the client and court find suitable. Private practices in Guardianship and Conservatorship are businesses that start slowly and are transferred slowly, so are not generally suitable as short-term projects.

 

Since Guardians are totally responsible for client decision-making, they need to be available and easily reached on a 24-hour basis, which puts significant restrictions on personal time and vacations. 

 

In spite of restrictions, most Guardians and Conservators say that this is the most rewarding work they have ever done. Guardians and Conservators make profound and lasting improvements in quality of living for clients who may have previously experienced significant loss, abuse and exploitation.  

 

Get some training. Read everything you can find. Get involved with any professional organizations near you. Get involved as a volunteer visitor, support worker, book-keeper or in another role for an existing fiduciary who has a good reputation and whose work you believe matches your work ethics and style. Consider asking an existing practitioner to let you work under their supervision. Explore the business and find out if it is really for you before making a long-term commitment.