Lesson 11: Guardianship Trust Fund Scenarios
Scenarios:
Scenario 1: Emergency Housing Need
Scenario
Background: John, an individual under state guardianship, has just been released from jail. He has no family support, no access to funds, and no place to stay. The Division of Guardianship has been unable to find an immediate housing placement for him.
Question:
What steps should guardianship staff take to request temporary housing assistance through the Guardianship Trust Fund?
Answer:
1.) Complete the Guardianship Trust Pre-Screening Tool and submit it to their supervisor for approval.
2.) Once approved, submit a request in the Guardianship Trust Tracking System.
3.) Attach supporting documentation, such as proof of release, verification of lack of housing, and an invoice for the potential placement.
4.) Ensure that the request is for no more than two months.
5.) If the request is urgent, notify Fiduciary Branch supervisors to expedite processing.
Scenario 2: Medical Emergency – Medication Refill
Scenario
Background: Maria, an elderly woman under state guardianship, needs insulin for diabetes. Her pharmacy refuses to refill her prescription due to an outstanding balance of $150.
Question:
How can a guardian use the Guardianship Trust Fund to ensure Maria gets her medication?
Answer:
1.) Attempt to resolve the issue with the pharmacy first.
2.) If no other funds are available, complete the Guardianship Trust Pre-Screening Tool and get supervisor approval.
3.) Submit a request through the Guardianship Trust Tracking System with documentation, such as a pharmacy invoice.
4.) Ensure the payment is correctly coded as “Medical supplies needed.”
5.) Follow up with the Fiduciary Branch supervisors if expedited processing is needed.
Scenario 3: Unclaimed Funds Claim Dispute
Scenario
Background: The estate of a deceased individual under guardianship has $7,500 in unclaimed funds posted in the Guardianship Unclaimed Funds Registry. A creditor has submitted a claim for $5,000, but the claim was denied because the Fiduciary Branch found that the charges should have been covered by Medicaid.
Question:
What is the claim dispute process for the Fiduciary Branch?
Answer:
1.) If the creditor wishes to appeal, they must submit a request for informal dispute resolution.
2.) Review the claim and required documentation listed in 922 KAR 5:180.
3.) Notify the creditor via postal mail of the claim denial, including instructions for making an appeal.
4.) The DCBS Commissioner or designee will make the final determination once the claim is appealed.
Scenario 4: Utility Shut-Off Prevention
Scenario
Background: David, a man under state guardianship, is at risk of having his electricity shut off due to an unpaid balance of $300. He has no other available funds.
Question:
What steps should guardianship staff take to request assistance from the Guardianship Trust Fund?
Answer:
1.) Verify with the utility provider if any payment arrangements can be made.
2.) If no other resources are available, complete the Guardianship Trust Pre-Screening Tool.
3. ) Obtain supervisor approval and submit the request in the Guardianship Trust Tracking System.
4.) Attach documentation, such as the utility bill.
5. ) Contact the Fiduciary Branch supervisors for expedited processing if shut-off is imminent.
Scenario 5: Burial Expense Request
Scenario
Background: Sarah, an individual under state guardianship for two years, has passed away. She has no life insurance, no burial plan, and her family has stated they cannot afford funeral costs. The county where she passed does not provide burial assistance.
Question:
How can Fiduciary staff use the trust fund to pay for Sarah’s burial expenses?
Answer:
1.) Fiduciary Branch staff confirms that CHFS was Sarah’s guardian for at least six months.
2.) Verify that no burial plan or life insurance exists.
3. ) Obtain documentation proving that county funds are unavailable.
4.) Consult with their supervisor for approval.
5. ) Submit a request through the Guardianship Trust Tracking System, ensuring it does not exceed the $5,000 limit.
Scenario 6: Vital Statistics Records
Scenario
Background: The Benefits Branch has applied for Social Security benefits on behalf of Benjamin, an individual under guardianship. Benefits is notified by the SSA of a name mismatch, and a copy of Benjamin’s out-of- state birth certificate (or another vital statistics document) will be required to process the application. However, Benjamin does not have the funds to pay for the birth certificate.
Question:
How will Benefits Branch staff assist with this process?
Answer:
1.) Upon discovering Benjamin’s lack of funds, the assigned Benefits staff member obtains approval from their supervisor to make a request from the Guardianship Trust Fund.
2.) The staff member submits the request for the funds via the Guardianship Trust Fund Tracking System.
3. ) Attach the SSA notification letter to the request as documentation.
4.) When the request is approved and the funds are available, staff orders the birth certificate.