States with Standards of Practice
Alaska Stat. § 13.26.001
It is the policy of the state that all guardians and conservators, when making decisions for their wards or protected persons, shall abide by the highest ethical standards of decision making and shall consider the standards of practice adopted by the department by regulation. The department shall adopt standards of practice for guardians and conservators and, before doing so, shall review the standards of practice adopted by a national organization with expertise in the area of standards of practice for guardians and conservators, such as the National Guardianship Association. -
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Arizona Rev. Stat. Ann. 14-5651. Fiduciaries; licensure; qualifications; conduct; removal; exemption; definitions
A. Except as provided by subsection G of this section, the superior
court shall not appoint a fiduciary unless that person is licensed by
the supreme court. The supreme court shall administer the licensure
program and shall adopt rules and establish and collect fees necessary
for its implementation. The supreme court shall deposit, pursuant to
sections 35-146 and 35-147, the monies collected pursuant to this
subsection in the confidential intermediary and fiduciary fund
established by section 8-135. At a minimum the rules adopted pursuant to
this subsection shall include the following:
1. A code of conduct….
Arizona J. Code of Conduct. This code of conduct is adopted by the
supreme court to apply to all certified fiduciaries pursuant to A.R.S. §
14-5651(A)(1) in the state of Arizona. The purpose of this section is
to establish minimum standards of performance for certified
fiduciaries….
California Code Regs. Tit. 16, Div. 41
§ 4470. General Principles
(b) The licensee shall comply with all local, state, and federal laws,
regulations, and requirements developed by the courts and the Judicial
Council as a minimum guide for the fulfillment of the fiduciary duties
recognized under this Article.
2016 California Rules of Court
Rule 7.1009. Standards of conduct for the guardian of the estate
(a) Avoidance of actual and apparent conflicts of interest with the ward
(b) Guardianship estate management
The Probate and Mental Health Advisory Committee consulted with several
organizations in the development of rule 7.1009, including the National
Guardianship Association, a nationwide voluntary association of
professional and family fiduciaries, guardians, and allied
professionals. In developing this rule, the Probate and Mental Health
Advisory Committee considered the National Guardianship Association's
Standards of Practice. Some of these standards have been incorporated
into the rule.
Rule 7.1059. Standards of conduct for the conservator of the estate
Advisory Committee Comment
The Probate and Mental Health Advisory Committee consulted with several
organizations in the development of rule 7.1059, including the National
Guardianship Association, a nationwide voluntary association of
professional and family fiduciaries, guardians, and allied
professionals. In developing this rule, the Probate and Mental Heath
Advisory Committee considered the National Guardianship Association's
Standards of Practice. Some of these standards have been incorporated
into the rules.
Title 16, Division 41, Article 4, California Code of Regulations
Section 4470. General Principles.
Section 4472. Decision Standards.
Section 4474. Confidentiality.
Section 4476. Conflict of Interest.
Section 4478. Residential Placement.
Section 4480. Care, Treatment and Services.
Section 4482. Management of the Estate.
Section 4484. Limitation or Elimination of Fiduciary Powers; Restoration of Capacity; Termination of Fiduciary Relationship.
Illinois Stat. 755 ILCS 5/13-1.2)
Sec. 13-1.2. Certification requirement. Each person appointed as a
public guardian by the Governor shall be certified as a National
Certified Guardian by the Center for Guardianship Certification within 6
months after his or her appointment. The Guardianship and Advocacy
Commission shall provide public guardians with professional training
opportunities and facilitate testing and certification opportunities at
locations in Springfield and Chicago with the Center for Guardianship
Certification. The cost of certification shall be considered an expense
connected with the operation of the public guardian's office within the
meaning of subsection (b) of Section 13-3.1 of this Article.
Minnesota Association of Guardians and Conservators (MAGiC)
The 2013 revisions comply with or exceed the National Guardianship
Network’s 2011 Third National Guardianship Summit Standards and
Recommendations and the National Guardianship Association’s Standards of
Practice.
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Nevada Rev. Stat. § 159.0595 Private professional guardians.
1. A private professional guardian, if a person, must be
qualified to serve as a guardian pursuant to NRS 159.059 and must be a
certified guardian.
2. A private professional guardian, if an entity, must be
qualified to serve as a guardian pursuant to NRS 159.059 and must have a
certified guardian involved in the day-to-day operation or management
of the entity.
4. As used in this section:
(a) “Certified guardian” means a person who is certified by the
Center for Guardianship Certification or any successor organization.
New Hampshire
Probate Court Administrative Rule 16
Pursuant to RSA 464-A, the Probate Court Administrative Judge shall certify professional guardians who shall then be eligible for appointment as a guardian of the person, guardian of the estate or guardian of the person and estate of an incapacitated adult or a minor if requested by a petitioner. A person seeking appointment as a professional guardian of an incapacitated adult shall submit an application to the Administrative Judge. Application forms are available from the Probate Court Administrative Office.
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The requirements for certification as a professional guardian are:
1. Be a national certified guardian or national master guardian with the Center for
Guardianship Certification (CGC) and maintain this registration as required by
CGC or its successor organization.
2. Be a resident of the state of New Hampshire or have a resident agent.
3. Adhere to the Standards of Practice published by the National Guardianship
Association (NGA) or its successor organization.
4. Adhere to the Model Code of Ethics published by the NGA.
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North Dakota Dept. of Human Services
North Dakota Guardianship
STANDARDS OF PRACTICE for ADULTS
All NDG standards apply to professional guardians, corporate guardians or family guardians unless otherwise indicated.
Adapted with permission from the National Guardianship Association (9/21/2005) [LINK BROKEN - NEED NEW LINK]
Ohio Supreme Court
In addition to rules of conduct by adjudicating courts, standards include:
RULE 66.06. Requirement of 6 hour fundamentals course – all guardians
RULE 66.07. Guardian Continuing Education (3 hours/year – all guardians)
RULE 66.08. General Responsibilities of Guardian.
RULE 66.09. Responsibilities of Guardian to Ward.
RULE 73. Guardian’s Compensation.
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Oregon
Oregon Rev. Stat. § 125.240 Professional fiduciaries. (1) If a petition seeks the appointment of a professional fiduciary, the petition must contain the following information in addition to that information required under ORS §125.055:
(a) Proof that the professional fiduciary, or an individual responsible for making decisions for clients or for managing client assets for the professional fiduciary, is certified by the Center for Guardianship Certification or its successor organization as a National Certified Guardian or a National Master Guardian.
Oregon Guardianship/Conservatorship Association
Oregon Standards of Practice
Oregon Standards of Professionalism
Texas Judicial Branch
The purpose of these
Minimum Standards for the Provision of Guardianship Services (Minimum Standards) is to protect the interests of
incapacitated persons in Texas by ensuring that certified guardians and
guardianship programs provide guardianship services in a professional
and competent manner. These standards are promulgated by the Texas
Guardianship Certification Board (Board) and the Texas Supreme Court
pursuant to Section 111.041 of the Texas Government Code.
The National Guardianship Association (NGA) Standards of Practice were
of great assistance in the development of these Minimum Standards, and
the organization and form of the Minimum Standards generally follows
that of the NGA Standards of Practice. For some standards and
definitions, the Board adopted different language in the Minimum
Standards to be consistent with Texas law and Texas experience. For
example, NGA Standard 6 on Informed Consent and Standard 14 on Decision
Making About Medical Treatment have been substantially modified, and NGA
Standard 15 on Decision Making About Withholding and Withdrawal of
Medical Treatment has been abbreviated and incorporated within Minimum
Standard 14. The NGA Standards of Practice are available
here. Pursuant to Section 531.124(b) of the Texas
Government Code, the Guardianship Advisory Board reviewed and commented
on the Minimum Standards
Utah Stat. § 75-5-311 Who may be guardian -- Priorities.
(1) As used in this section:
(a) "Specialized care professional" means a person who is certified as a National Certified Guardian or National Master Guardian by the Center for Guardianship Certification or similar organization.
(g) a specialized care professional, so long as the specialized care professional does not:
(i) profit financially or otherwise from or receive compensation for acting in that capacity, except for the direct costs of providing guardianship or conservatorship services; or
(ii) otherwise have a conflict of interest in providing those services
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Washington Supreme Court Rule 23
(a) Purpose and Scope. This rule establishes the standards and criteria for the certification of professional guardians as defined by RCW 11.88.008 and prescribes the conditions of and limitations upon their activities. This rule does not duplicate the statutory process by which the courts supervise guardians nor is it a mechanism to appeal a court decision regarding the appointment or conduct of a guardian.
(b) Jurisdiction. All professional guardians who practice in the state of Washington are subject to these rules and regulations. Jurisdiction shall continue whether or not the professional guardian retains certification under this rule, and regardless of the professional guardian's residence.
To achieve the greatest protection for the estates and affairs of incapacitated persons in Washington State, the Certified Professional Guardian Board adopts and implements regulations governing certification, minimum standards of practice, training, and discipline of professional guardians….
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Certified Professional Guardian Board