DEPARTMENT: Social Services-Adult Services
FILE TYPE: Consent Action
TITLE
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Authorization To Execute Contracts For Conservator And Guardianship Services
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PURPOSE/ACTION REQUESTED
Authorize execution of contracts for conservator and guardianship services.
SUMMARY
A conservator or guardian is appointed by the court to make decisions if a person is determined by the court of not having capacity for decision-making. The county having jurisdiction over the guardianship or conservatorship court proceedings is responsible for payment of ongoing services if the person is indigent. (Minn. Stat. § 524.5-502).
By Resolution No. 21-491 (October 19, 2021), the Dakota County Board of Commissioners authorized the renewal of contracts with the following providers: Dakota Conservators, Inc.; Fiduciary Services of Minnesota, Inc.; Judy Moe Guardianship Services, LLC; Thomas Allen, Inc.; Anthony Roszak; Navigator Fiduciary Forensic Services; Alternative Supported Living Services; JRP Fiduciary Services; and Lutheran Social Services for the period of January 1, 2022 through December 31, 2025.
With increasing demand for services, three additional providers have been contracted in that time: Ohana Guardianship Services; Unique Abilities, LLC; and Maday Fiduciary. The Community Services Division issues solicitations for client services every 4-5 years; however, the last several requests for proposal for these services resulted in the same pool of providers. The County will now contract with any provider who is qualified to provide the services and agrees to the County’s contract terms.
Social Services staff provide performance and service monitoring, including but not limited to review of providers’ monthly billing and the contract allows for the County to perform annual audits of randomly selected cases from each provider. In addition, conservators and guardians submit annual accountings and well-being reports to the court that are subject to random audit through the judicial system.
OUTCOMES
How much?
526 people served by County-paid guardianship and/or conservatorship in 2024.
How well?
Services overseen by courts through annual well-being reports and accountings.
Is anyone better off?
Adults who lack capacity and meet poverty standards have access to a professional guardian and/or conservator to make decisions about living situation, medical care, benefits, bill paying, and other affairs, as specified in the court order.
RECOMMENDATION
recommendation
Staff recommends executing contracts with the providers listed in the Resolution and any provider who is qualified to provide the services and agrees to the County’s contract terms for conservator and guardianship services at the rates listed in the Resolution for the period of January 1, 2026 through December 31, 2027.
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EXPLANATION OF FISCAL/FTE IMPACTS
Sufficient funding for these contracts will be included in the 2026 County Manager’s Recommended Budget. These contracts will contain a provision that allows the County to immediately terminate the contracts in the event sufficient funds from county, state, or federal sources are not appropriated at a level sufficient to allow payment of the amounts due. Total 2024 expenditures for services were $1,188,413. 2025 Adopted Budget for services is $1,269,945. The 2026 Recommended Budget for services is $1,269,945. These contracts are funded through County Levy dollars. The service rate is set by the County.
☐ None ☐ Current budget ☒ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, a conservator or guardian is appointed by the court to make decisions if a person is determined by the court of not having capacity for decision-making; and
WHEREAS, the county having jurisdiction over the guardianship or conservatorship court proceedings is responsible for payment of ongoing services if the person is indigent (Minn. Stat. § 524.5-502); and
WHEREAS, by Resolution No. 21-491 (October 19, 2021), the Dakota County Board of Commissioners authorized the renewal of contracts with the following providers: Dakota Conservators, Inc.; Fiduciary Services of Minnesota, Inc.; Judy Moe Guardianship Services, LLC; Thomas Allen, Inc.; Anthony Roszak; Navigator Fiduciary Forensic Services; Alternative Supported Living Services; JRP Fiduciary Services; and Lutheran Social Services for the period of January 1, 2022 through December 31, 2025; and
WHEREAS, with increasing demand for services, three additional providers have been contracted in that time: Ohana Guardianship Services; Unique Abilities, LLC; and Maday Fiduciary; and
WHEREAS, the Community Services Division issues solicitations for client services every 4-5 years; however, the last several requests for proposal for these services resulted in the same pool of providers; and
WHEREAS, the County will now contract with any provider who is qualified to provide the services and agrees to the County’s contract terms; and
WHEREAS, Social Services staff provide performance and service monitoring, including but not limited to review of providers’ monthly billing and contract allows for the County to perform annual audits of randomly selected cases from each provider; and
WHEREAS, in addition, conservators and guardians submit annual accountings and well-being reports to the court that are subject to random audit through the judicial system.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Community Services Director to execute contracts with Dakota Conservators, Inc.; Fiduciary Services of Minnesota, Inc.; Judy Moe Guardianship Services, LLC; Anthony Roszak; Navigator Fiduciary Forensic Services; Alternative Supported Living Services; Lutheran Social Services; Ohana Guardianship Services; Unique Abilities LLC; and Maday Fiduciary, and any provider who is qualified to provide the services and agrees to the County’s contract terms for conservator and guardianship services at the rate of $49.79/hour for general conservator/guardianship services and $60.64/hour for emergency conservator/guardianship services, for the period of January 1, 2026 through December 31, 2027, subject to approval by the County Attorney’s Office as to form; and
BE IT FURTHER RESOLVED, That the contracts shall contain a provision that allows the County to immediately terminate the contracts in the event sufficient funds from county, state, or federal sources are not appropriated at a level sufficient to allow payment in the amounts due; and
BE IT FURTHER RESOLVED, That the Community Services Director is hereby authorized to amend said contracts, within the amount budgeted, to alter the number and types of clients served, types of services provided, service rates, and the contract term, consistent with County contracting policies, subject to approval by the County Attorney’s Office as to form; and
BE IT FURTHER RESOLVED, That service rates for contracts authorized for the period of January 1, 2026 through December 31, 2027, shall be increased by the inflation rate used in the Dakota County budget process as authorized by the Dakota County Board of Commissioners, effective January 1 of each year, as applicable.
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PREVIOUS BOARD ACTION
21-491; 10/19/21
ATTACHMENTS
Attachment: None
BOARD GOALS
☐ Thriving People ☐ A Healthy Environment with Quality Natural Resources
☐ A Successful Place for Business and Jobs ☒ Excellence in Public Service
CONTACTS
Department Head: Emily Schug
Author: Emily Schug