Kentucky Administrative Regulations › Title 910 - CABINET FOR HEALTH AND FAMILY SERVICES - OFFICE OF AGING SERVICES › Chapter 2 - Guardianship › Section 910 KAR 2:030 - Accounting provisions for adult guardianship

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				210.290(3), (4), (5),
				387.500-387.990,
				42 C.F.R. 483.10,
				42 U.S.C.
				1320b-20
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				387.600(1) authorizes the
				Cabinet for Health and Family Services to be appointed as limited guardian,
				guardian, limited conservator, or conservator to conduct an active guardianship
				or conservatorship program.
				KRS
				387.760 authorizes reasonable compensation
				for services rendered and for reasonable and necessary expenses incurred in the
				exercise of guardianship or conservatorship duties and powers from the
				financial resources of the ward.
				KRS
				194A.050(1) requires the
				secretary of the cabinet to promulgate administrative regulations necessary
				under applicable state laws to protect, develop, and maintain the health,
				personal dignity, integrity, and sufficiency of the individual citizens of the
				commonwealth. This administrative regulation establishes accounting provisions
				for adult guardianship.
Section 1.
			 Definitions.
(1) "Best interest" means a
			 course of action that maximizes what is best for a ward and that includes
			 consideration of the least intrusive, most normalizing, and least restrictive
			 course of action possible given the needs of a ward.
(2) "Budget" means a financial spending plan
			 that estimates revenues and expenditures of an individual for a stated period
			 of time by examining and analyzing available financial information.
(3) "Division" means the Division of
			 Operations and Support.
(4)
			 "Emergency" means unexpected expenses such as:
(a) Medical needs not paid by Medicare or
			 Medicaid;
(b) Home repair;
			 or
(c) Transportation for a medical
			 appointment.
(5)
			 "Fiduciary Management Branch" means a central office branch under the Division
			 of Operations and Support.
(6)
			 "Field Services Branch" means a central office branch under the Division of
			 Guardianship.
(7) "Order of
			 appointment" means a type of guardianship appointment pursuant to
			 KRS
			 387.590(6).
(8) "Ordinary and necessary expenses" means
			 those expenses that are requested by a field services worker to maintain a
			 ward's quality of life such as clothing, snacks, and non-medical
			 transportation.
(9) "Personal
			 needs" means an individual's need to purchase varied goods such as:
(a) Clothing;
(b) Personal care items; or
(c) Social support items such as:
1. A telephone;
2. Stationery;
3. Books;
4. Snacks; or
5. Occasional outings.
(10) "Personal spending accounts"
			 means money maintained by the facility for the client's personal use in
			 accordance with
			 42 C.F.R.
			 483.10.
(11) "Provider" means a facility or entity
			 providing services for a ward such as:
(a)
			 Self;
(b) Caretaker;
(c) Family;
(d) Group home placement;
(e) Hospital; or
(f) Psychiatric hospital.
(12) "Ward" is defined by
			 KRS
			 387.510(15).
(13) "Work allowance" means a portion of a
			 ward's wage check sent to the ward to use for personal spending.