Any individual may petition the Board to initiate disciplinary procedures against a certified guardian or a provisionally certified guardian. The person filing the petition is called the Petitioner, and the certified or provisionally certified guardian who is the subject of the petition is called the Respondent. By submitting a petition, a Petitioner is asking the Board to act on his or her complaint against the certified guardian or provisionally certified guardian. The most common reason for a Petitioner to request disciplinary procedures are allegations that the certified guardian or provisionally certified guardian violated the Board’s Rules Governing Guardianship Certification [pdf] and/or Minimum Standards for Guardianship Services [pdf].
A Petitioner may, but is not required to, use the form Petition to Initiate Disciplinary Procedures [doc] provided. Instructions for completing the petition [pdf] are also available. The Petitioner must insure that the requirements of Rule XII(b) of the Board’s Rules are met:
The Petition must be submitted to the Board in writing and must include:
- The name and pertinent contact information of the Petitioner and the Respondent;
- An allegation of the existence of one or more of the disciplinary criteria set forth in Section XI (relating to Disciplinary Criteria);
- An adequate factual basis for the allegation(s); and
- Any necessary documentation or other supporting materials or information.
Rule XI of the Board’s Rules sets forth the reasons for which disciplinary action may be taken by the Board. Rule XII describes the procedures, including deadlines, the Board follows in considering a petition to initiate disciplinary action.
Please note: The Guardianship Certification Program Director [pdf] is able to answer some questions regarding disciplinary procedures. She can answer your questions about the content of the Rules Governing Guardianship Certification and the Minimum Standards for Guardianship Services, and on time-frames, deadlines, and the like. She cannot assist you in completing the form, cannot tell you how or if a particular Rule or Minimum Standard applies to your situation, cannot speculate concerning a possible outcome, and cannot speak for the Board.
Updated: 09-Feb-2009
