2026 Guardianship Scope of Services~1.docx

Attachment A to the Request for Response for Protective Services Guardianship Program

SCOPE OF SERVICES

Protective Services Guardianship Program

I. Definitions For the purposes of this Agreement, the following terms shall have the meaning stated unless the context clearly indicates otherwise:

Abuse – an act or omission, including emotional abuse, financial exploitation, neglect, physical abuse, sexual abuse, and/or self-neglect, which results in serious physical injury or emotional injury, or the financial exploitation of an Older Adult.

Aging Services Access Point (ASAP) – locally-based, private, non-profit corporations that are designated by and contracted with AGE to satisfy the statutory purposes of M.G.L. c. 19A § 4B.

Agreement – the Standard Contract Form, the terms of this document, and any attachments, appendices, and amendments, which is incorporated by reference, unless otherwise indicated.

Case – the aggregated files, documentation, and tasks associated with the provision of Guardianship and Conservatorship Services to an individual Client.

Client – an Older Adult referred to the Contractor by AGE to receive Guardianship and Conservatorship Services.

Conservator – a person who is appointed by a Court to manage the Estate of a protected Older Adult in accordance with M.G.L. c. 190B.

Contractor – the party contracted under this Agreement to provide Guardianship and Conservatorship Services.

Court – The Probate and Family Court department of the Commonwealth of Massachusetts.

Protective Services Program (PS Program) for Older Adults – an AGE program that provides services to qualifying Older Adults in accordance with M.G.L. c. 19A, §§ 14 through 26, and 651 CMR 5.00, which are necessary to prevent, eliminate, or remedy the effects of Abuse to an Older Adult.

Estate – the property of a Client whose affairs are subject to Guardianship and Conservatorship Services.

Executive Office of Aging & Independence (AGE) – the Massachusetts state agency established pursuant to M.G.L. 19A that is responsible for managing the Protective Services Program.

Guardian – a person who has qualified as a guardian of an incapacitated Older Adult pursuant to court appointment in accordance with M.G.L. c. 190B, not including a guardian ad litem.

Guardianship and Conservatorship Services – the provision of Guardian and Conservator services, in accordance with M.G.L. Ch. 190B, and Rogers Guardian services.

Guardianship Service Area (GSA) – One of five geographic regions defined by AGE within which the PS Guardianship Program Contractor is responsible for delivering Legal Fiduciary services pursuant to a contract with AGE.

Legal Fiduciary – a person appointed by the Court to serve as a Guardian or Conservator, or a Rogers Guardian, for an Older Adult.

Older Adult – an individual who is 60 years of age or older.

Protective Order – an order of the Court sought by a petition under M.G.L. c. 19A, § 20(a) (non-emergency) or § 20(b) (Emergency) for the provision of one or more Protective Services for an Older Adult who is suffering from a reportable condition and either lacks the decisional capacity to consent to Protective Services or requires the determination of his/her decisional capacity to consent to Protective Services.

Protective Services (PS) – services which are necessary to prevent, eliminate or remedy the effects of Abuse to an Older Adult including, but not limited to, the pursuit of Protective Orders and petitions for the appointment of a Guardian and/or Conservator.

Protective Services Agency (PS Agency) – locally-based, private, non-profit organizations that are designated by and contract with AGE pursuant to M.G.L. c. 19A, § 16 to furnish Protective Services, including Guardianship and Conservatorship Services as described in this Agreement, to Older Adults as needed.

Protective Services Program (PS Program) – an AGE program to provide services in accordance with M.G.L. c. 19A, §§ 14 through 26, and 651 CMR 5.00 which are necessary to prevent, eliminate, or remedy the effects of Abuse to an Older Adult. Such services include, but are not limited to: (a) the provision of a response to an emergency and/or rapid response situation; (b) the arrangement for home care services; (c) the arrangement for the provision of legal assistance; (d) the arrangement for counseling; (e) the issuance of a Protective Order, when appropriate; (f) the petitioning of the Court for the appointment of a Guardian and/or Conservator.

Rogers Guardian – A type of guardianship in whereby a Court determines that a Guardian will be given the authority to agree to extraordinary treatment for an incapacitated person in accordance with Rogers v. Commissioner of Department of Mental Health, 390 Mass 489 (1983).

II. Purpose of this Agreement.

In accordance with M.G.L. c. 19A, §§14-26, and 651 CMR 5.00, the Executive Office of Aging & Independence (AGE) administers a statewide system of Protective Services which includes the receipt and investigation of allegations of Abuse to an Older Adult. To fulfill this responsibility, AGE has designated 19 non-profit Protective Services (PS) Agencies located throughout the Commonwealth. Designated PS Agencies conduct investigations and determine whether an Older Adult requires Protective Services. Protective Services include, but are not limited to: (a) the provision of a response to an emergency and/or rapid response situation; (b) the arrangement for home care services; (c) the arrangement for the provision of legal assistance; (d) the arrangement for counseling; (e) the issuance of a Protective Order, when appropriate; and (f) the petitioning of the Court for the appointment of a Legal Fiduciary to provide Guardian and/or Conservator Services.

The purpose of this Agreement is to ensure the provision of Guardianship and Conservatorship Services to Older Adults who have been found by a PS Agency to be Abused in accordance with 651 CMR 5.00 and are found to be in need of a Legal Fiduciary by the PS Program. Pursuant to assignment or authorization by AGE, a PS Agency designated by the PS Program initiates the process by which the Contractor is named a Legal Fiduciary by order of the Court. The Contractor will be named by a Court as a temporary or permanent Guardian, limited Guardian, Rogers Guardian, temporary or permanent Conservator, pursuant to the provisions of M.G.L., c. 190B or appropriate law.

III. Eligibility and Referral.

A. Eligibility.

Guardianship and Conservatorship Services are available to persons who:

1. are age 60 or over;

2. are PS Clients;

3. have been found to be Abused, neglected by a caretaker, financially exploited or self-neglected, as defined in MGL C. 19A, §§ 14-26 and 651 CMR 5.00;

4. are identified as lacking decisional capacity by a qualified physician, psychologist, certified psychiatric nurse clinical specialist, or nurse practitioner, by means of a signed medical certificate in accordance with M.G.L. c. 190B, § 5-303;

5. have been found by the PS Program to face the risk of Abuse, exploitation, serious injury, or death without the benefit of PS Guardianship Program services;

6. have no reasonable and appropriate alternatives to such services or alternative legal actions, such as a Protective Order; and,

7. either have limited financial resources, or has financial resources, but due to particular circumstances, there is no other person willing to assume the responsibility of Legal Fiduciary.

PS Guardianship and Conservatorship services are reserved for the most serious situations of Older Adult endangerment because (1) the number of persons that can be served is limited, and (2) because Guardianship is a restrictive intervention. AGE reserves the right to make final decisions regarding an Older Adult’s eligibility to receive Guardianship and Conservatorship Services under this Agreement. Once an Older Adult is deemed eligible, AGE will refer the Older Adult to the Contractor for the provision of Guardianship and Conservatorship Services.

B. Referrals.

After the completion of an investigation, a PS Agency determines whether an Older Adult is eligible for Guardianship and/or Conservatorship Services and informs AGE of its findings. AGE will evaluate the PS Agency’s findings, and when appropriate, AGE will refer an eligible Older Adult to a Contractor selected to provide services within the relevant GSA. Referrals from the PS Program are based on a closed intake system and referrals will not be made to the Contractor by any other source.

Once an Older Adult is approved for referral to the Contractor by AGE, the appropriate PS Agency is responsible for petitioning the Court and requesting that the Contractor be named as a Guardian or Conservator. Legal expenses for the initial petitions seeking temporary and permanent Legal Fiduciaries are paid by the PS Agency. After the Older Adult is found to be in need of a Guardian or other Legal Fiduciary by order of the Probate Court, the Contractor will assume its duties (see Section IV, infra) as Legal Fiduciary for the Older Adult.

IV. Duties.

A. General Requirements.

The Contractor must:

1. provide coverage of service during normal business hours and emergency services on a 24-hour, seven (7) day per week basis including all holidays;

2. accept Clients located within its assigned GSA as described in Appendix A. AGE may update this list by separate written document issued to the Contractor without the need of an amendment to this Scope of Work;

3. ensure the ability of the Contractor to provide services to the maximum number of available units assigned to the Contractor by AGE, and to adjust capacity of the Contractor within a reasonable period of time if the maximum number of available units assigned to the Contractor is increased or decreased;

4. comply with all requirements established by any Court overseeing its Guardian and Conservatorship appointments;

5. comply with all applicable laws, regulations, and AGE policies or directives;

6. cooperate with AGE and relevant PS Agencies to (1) comply with the requirements set forth in the RFR and this Agreement and (2) in the development of Client-specific service plans, including the review of historical and financial information about Client, meeting with the Client, and formulating coordinated plans for the protection of the Client and the safety of staff;

7. maintain regular in-person contact with Clients and meet with each Client not less than monthly;

8. maintain documentation pertaining to all Guardianship and Conservatorship Services and make such records available to AGE upon request;

9. develop and implement written policies and procedures to document, investigate and resolve Client complaints about Case work and services procured for the benefit of the Client;

10. comply with Program Instructions (PIs) issued by AGE pertaining to PS Program administration;

11. notify AGE by email within 24 hours of any serious injuries or exploitation of Clients receiving Guardianship and Conservatorship Services; and,

12. notify AGE immediately by electronic mail upon the death of a Client.

B. Guardianship and Conservatorship Services.

Subject to the scope and authority granted to its Legal Fiduciary by the Court, the Contractor’s duties are indicated below.

1. Client Assessment and Service Development. The Contractor must:

(a) interview the Client, review all available files and gather any relevant, pertinent information to fully assess the Client’s situation;

(b) provide services within the context of the Client’s opinions, needs, and best interests to inform the Legal Fiduciary’s advocacy for the Client’s welfare and arrange for necessary social, health, mental health and related services;

(c) ensure that the Client’s wishes are respected to the fullest extent possible;

(d) make decisions on behalf of the Client after weighing the risk of harm to the Client against any possible adverse impact of interventions sought; and,

(e) provide the least restrictive and most appropriate Guardianship and Conservatorship Services.

1. To this end, Contractor must learn about the Client, respect the Client’s intentions to the fullest extent possible, and act within the bounds of the powers granted by the Court.

2. Decisions made on behalf of the Client must be made after weighing the risk of harm faced by the Client over an against any possible adverse impact of interventions sought by the Contractor.

2. Legal Fiduciary Services.

The Contractor must:

(a) serve as a Legal Fiduciary for Clients within its defined GSA as directed by AGE (see Appendix A);

(b) participate and cooperate in any proceedings that occur subsequent to the PS Agency petitioning the Court to facilitate the recognition of the Contractor as Legal Fiduciary.

1. Expenses for initial petitions seeking temporary and permanent Legal Fiduciaries will be paid for by the PS Agency;

2. Bonding costs, representation in Court at the hearing, and subsequent actions taken on behalf of the Client by the Contractor are paid for out of the Contractor’s budget and/or the Client’s assets in accordance with M.G.L. Ch. 190B;

3. The Contractor must transfer the clients to another Contractor, as directed or authorized by AGE, if this Agreement is terminated. Costs associated with the termination of this Agreement in accordance with Section 4 of the Commonwealth Terms and Conditions for Human and Social Services (see Standard Contract Form), including costs associated with petitioning the Court for the transition of Legal Fiduciary status to any subsequent party, whether or not selected by AGE, to fulfill the duties of Legal Fiduciary, shall be the responsibility of the Contractor. AGE shall retain the right to access Contractor records to facilitate the transfer of Legal Fiduciaries until such transfer is complete.

(c) accept the status as the Client’s Legal Fiduciary upon appointment by the Court and fulfill all duties and responsibilities in accordance with M.G.L. Ch. 190B;

(d) pursue and implement any and all services necessary to protect the Client from the risk of further physical, emotional or financial harm; including, but not limited to, the following:

1. management of the Client’s finances and Estate, including investments, real property and other assets of the Client; and,

2. the initiation of any and all services, including permanent, temporary, or limited Guardianship and/or Conservatorship services, including Rogers Guardianship, necessary to protect the Client from further Abuse, exploitation, serious injury, or death within the scope and authority granted by the Court; and,

3. the continued provision of legal services as needed, including but not limited to petitioning for changes in Legal Fiduciary status, gaining access to necessary medical treatment, implementing changes in living arrangements, conducting real estate transactions, and other matters related to the affairs of the Client, and which is dependent on the nature of the Client’s Estate, the availability of resources, the advisability of the actions proposed, and the scope and authority granted by the Court.

C. Payments and Costs.

(2) General Terms.

(a) Payment to Contractor for Guardianship and Conservatorship Services will be conducted in accordance with the terms of this Agreement.

(b) The Contractor must not charge the Client a fee for Guardianship and Conservatorship Services or utilize Client assets to pay the Contractor for such services, notwithstanding any provision of M.G.L. c. 190B.

(c) The Contractor is responsible for all costs associated with actions that may be required to provide services suitable for the Client’s needs, including, but not limited to, costs for bonding and Court appearances.

(d) Bonding costs, Court representation, and subsequent actions taken on behalf of the Client by the Contractor are paid out of the Contractor’s budget and/or the Client’s assets in accordance with M.G.L. c. 190B.

(e) The Contractor may utilize Clients funds, if available, in accordance with the provisions of M.G.L. 190B, subject to any limitations set by the Court; however, the Contractor may not utilize any of the provisions of M.G.L. Ch. 190B allowing a Fiduciary reasonable compensation from Client funds as the Contractor is already compensated pursuant to this Agreement.

(f) The Contractor must maintain clear fiscal accounting and management of the Client’s Estate including, but not limited to, bill paying, the sale of assets, and the oversight and management of investment portfolios.

(g) The Contractor must submit monthly payment vouchers and statistical reports as prescribed by AGE.

(3) Compensation.

(a) Reimbursement will be made on a unit-per-month basis at a rate established pursuant to M.G.L. c. 118E, ss 13C and 13D by the Executive Office of Health and Human Services. The rate of payment is established by regulation at 101 CMR 417.00.

(b) The maximum number of units available in each GSA, or for a given Contractor, may be modified by AGE based on available resources and/or needs of the GSA, the utilization or non-utilization of units, or in accordance with the needs of the program as determined by AGE in its sole authority, as well as in consideration of the needs and safety of an Older Adult regardless of their location.

(c) The Contractor may submit claims for payment only for actual clients, that is, the number of units billed may not exceed the number of clients actually served for a given month. Because payment is provided for actual utilization, the Contractor may not submit claims for payment for non-utilized (i.e., unfilled/available) units.

(d) The contractor may submit claims for payment for services provided to a deceased client for a period of up to four (4) months following the month of the client’s death.

D. Staffing.

(1) The Contractor must employ staff with appropriate experience in the provision of Guardianship and Conservatorship Services and Case management.

(2) Contractor staff members providing Guardianship and Conservatorship Services may not be PS Program employees.

(3) The Contractor must retain, employ, or otherwise ensure that a Client has access to:

i. qualified and effective legal counsel;

ii. mental health and social services professionals as needed for Case consultation purposes; and,

iii. financial consultants as needed to provide consultation regarding management of Client Estates.

(4) The Contractor may develop and implement a program to utilize family and friends of the Client, qualified volunteers, and/or para-professionals to assist the Contractor in providing Guardianship and Conservator Services; however, the Contractor must retain its status the Court-appointed Legal Fiduciary and provide effective oversight for all volunteers or para-professionals.

(5) All staff, including volunteers and paraprofessionals must obtain a CORI background check.

B. Confidentiality.

Except as necessary to carry out Guardianship and Conservatorship Services and as permitted or required by law, all Client records and information are to be kept confidential under all applicable Federal and State laws, including but not limited to, M.G.L. Ch. 19A and Ch. 66A. The Contractor is prohibited from disclosing any aggregate data regarding this Agreement to third parties for reasons other than Client specific Guardianship and Conservatorship Service needs, unless otherwise permitted by AGE.

C. Role of AGE.

AGE will:

(1) make referrals to Contractors for the provision of Legal Fiduciary services to PS clients in need of these services pursuant to Section III(B) of this Agreement;

(2) provide program management standards for the administration of the PS Guardianship Program;

(3) provide and/or arrange for training of Contractor staff regarding PS Program issues, as needed;

(4) Provide and/or arrange for training of the PS Program by the Contractor staff regarding Guardianship issues.

(5) provide consultation and technical assistance to Contractor staff on Case-specific situations and questions of policy and procedures;

(6) ensure cooperative working relationships between Contractors and the PSAs in its GSA;

(7) evaluate the performance of Contractors through periodic audits and complaint investigations in accordance with Program Instructions or other guidance issued by AGE;

(8) provide guidance related to monthly statistical reports submitted by Contractors;

(9) ensure the transfer of Legal Fiduciary status of current PS Guardianship Program Clients from current Contractors to new Contractors, if necessary; and

(10) review monthly any claims for payment submitted by the Contractor to ensure proper billing and payment for services rendered.

D. Term.

The duration of this Agreement is:

· July 1, 2026, through June 30, 2028.

· AGE, in its sole authority, may offer the Contractor up to 4 additional years in any increment as part of one or more contract amendments.

· Total maximum duration, 6 years.

Appendix A- Listing of Geographic Service Areas with Local Protective Service Agencies Listing of PS Agencies by GSA.

Allston, Back Bay, Beacon Hill/West End, Brighton, Charlestown, Chinatown, Columbia Point, Downtown Boston, East Boston, Dorchester, Fenway, Hyde Park, Jamaica Plain, Mattapan, North End, Parker Hill, Roslindale, Roxbury, South Boston, South End, West Roxbury

GSA 2

Elder Services of Merrimack Valley Lawrence Office

Danvers Office

Amesbury, Andover, Billerica, Boxford, Chelmsford, Dracut, Dunstable, Georgetown, Groveland, Haverhill, Lawrence, Lowell, Merrimack, Methuen, Newbury, Newburyport, North Andover, Rowley, Salisbury, Tewskbury, Tyngsboro, Westford, West Newbury

Danvers, Marblehead, Middleton, Peabody, Salem

Winchester, Woburn

GSA 5

Ashfield, Athol, Bernardston, Buckland, Charlemont, Colrain, Conway, Deerfield, Erving, Gil, Greenfield, Hawley, Heath, Leverett, Leyden, Monroe, Montague, New Salem, Northfield, Orange, Petersham, Phillipston, Rowe, Royalston, Shelburne, Shutesbury, Sunderland, Turners Falls, Warwick, Wendell, Whately

Berkshire County Towns:

Adams, Alford, Becket, Cheshire, Clarksburg, Dalton, Egremont, Florida, Great Barrington, Hancock, Hinsdale, Lanesborough, Lee, Lenox, Monterey, Mt. Washington, New Ashford, New Marlboro, North Adams, Otis, Peru, Pittsfield, Savoy, Sheffield, Stockbridge, Tyringham, Washington, West Stockbridge, Williamstown, Windsor

GSA 5

Wales, Ware, West Springfield, Wilbraham