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  • This page, When Guardians Did Not Submit Documentation Within Required Timeframes, the HCPFC Register’s Office Did Not Always Send Notices of Noncompliance, Schedule Show Cause Hearings, or Appoint Guardians Ad Litem., is   offered by
  • Office of the State Auditor

When Guardians Did Not Submit Documentation Within Required Timeframes, the HCPFC Register’s Office Did Not Always Send Notices of Noncompliance, Schedule Show Cause Hearings, or Appoint Guardians Ad Litem.

By not doing so, HCPFC cannot ensure that individuals with guardians have stable living conditions and receive the care needed to maintain an appropriate quality of life.
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Overview

From our review of 60 guardianship case files during our audit period, we identified 71 instances where the HCPFC Register’s Office did not send notices of noncompliance, schedule show cause hearings, or appoint guardians ad litem when guardians did not submit documentation within required timeframes. Without taking these actions, HCPFC cannot ensure that individuals with guardians have stable living conditions and receive the care needed to maintain an appropriate quality of life.

In 70 of the 71 instances, the office did not send a notice of noncompliance (Order to File) to the guardian; in 69 of the 71 instances, the office did not schedule a show cause hearing; and in 69 of the 71 instances, the office did not appoint a guardian ad litem to investigate the guardian.

Authoritative Guidance

The “Best Practices” section of the Trial Court’s “Judicial Best Case Practice for Failure to File an Adult Guardianship Care Plan Report” states,

  • [When a guardian does not submit a care plan report within the required timeframe, the] court shall send an Order MPC-822 (Order to File) (signed by the Judge or Judicial Designee) requiring the Guardian to either appear or file the Care Plan Report. . . .
  • If the Guardian does not appear or file a Care Plan Report on the scheduled date, the following procedure is considered the best case practice:
  1. The court shall schedule a “show cause” hearing. . . .
  2. If the Guardian FAILS to appear at the “show cause” hearing, the Judge should [order a guardian ad litem to be assigned].

Reasons for Issue

HCPFC officials told us that the prior administration of the HCPFC Register’s Office had not appointed a staff member to send notices of noncompliance, schedule show cause hearings, and assign guardians ad litem.

Recommendation

The HCPFC Register’s Office should appoint a staff member to send notices of noncompliance, schedule show cause hearings, and assign guardians ad litem.

Auditee’s Response

To address this issue, a staff member has been given this responsibility. The staff member will utilize the MassCourts Tickler reporting to identify the Guardians/Conservators who are non-compliant and send out the applicable notices.

These processes have been implemented as recommended. In addition, additional staff is being trained and will be designated to perform these responsibilities on a regular basis.

Auditor’s Reply

Based on its response, HCPFC is taking measures to address our concerns on this matter.

Date published: June 24, 2022

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