Please add to Part IV SUBSTITUTE DECISION MAKING, 12VAC35-115-145, Section E, the option for a group of people (such as a Microboard or Circle of Support), to be appointed by the court as a guardian or legally authorized representative for a person needing and requesting this.  The responsibility is sometimes more approachable for people when it is shared.  We need all the options for people we can get.  This option allows for maximum transparancy.

I am writing as a layperson, not speaking here for any organization. I have become somewhat familiar with this regulatory area as a result of knowing two families that have adult children with autism. Both families are amazingly active in their communities while fully meeting family responsibilities, and have taught me that their situation does not have to be one that isolates either the disabled individual or that individual's family. They have taught me that we are all better off when care and understanding are shared in creative but accountable ways, and that the Commonwealth's resources are better spent in enriching all of our lives than in sequestering individuals in a ghetto of disability. My own expertise is in community organizing. For more than 25 years, I have worked for national, statewide and community-level organizations seeking to solve problems. In every case, I have found that small-scale structures that reward initiative and also require accountability can accomplish amazing things -- from solving environmental issues to meeting housing needs. The micro-board and circle of support ideas appear to apply this same truth to the task of responsibly meeting the needs of Virginians with disabilities. I hope that they will be fully integrated into your regulatory structure, as is proposed by other commenters. These tools also seem to me to be consistent with the general direction that Virginia has chosen by selecting Tim Kaine as our Governor. His Start Strong proposal for early education, his proposals to give greater strength to local decision-making in transportation, and particularly his second Executive Order, calling for community integration of people with disabilities, all project a vision of mutual responsibility within community, supported by coherent and accountable structures at a level that works for real people. This represents what Virginians want and what Virginia should be. Micro-boards and circles of support, it seems to me, offer a practical and humane model that makes good sense for the population for which your agency has responsibility, and may have significant value for other communities and populations. I hope you will not only solidify and increase your use of these tools but will share the experiences that result with our Commonwealth. Thanks for your consideration of these comments and for the vital work that you do. Larry Yates PO Box 245 Maurertown VA 22644 lamaryates@igc.org

It is essential that there be more options available for those who lack the capacity to make decisions for themselves! I work with individuals every day that have no family members to take on decision making responsibility. These individuals are often denied/delayed medical or psychiatric care because of liability issues. These individuals have the same rights as any citizen to receive adequate care, but lacking a guardian or Authorized Representative often deprives them of this right. Funding for legal guardianship appointment is limited or unavailable, so there must be realistic options for substiute decision making. Please add to Part IV, SUBSTITUTE DECISION MAKING, 12 vac35-115-145, the option for a group of people (as a Microboard or Circle of Support) to be appointed by the court &/or LHRC to serve as guardian &/or legally authorized entity for a person needing and requesting this. Thank You for your attention to this very important matter!

SUBSTITUTE DECISION MAKING, 12VAC35-115-146 – Authorized representatives – the option for a microboard or circle of support to be appointed to serve as authorized representative for an individual when it has been determined the individual lacks the capacity to make some decisions. 

Section A - Add to the list of those from whom a provider shall obtain consent or authorization – “A microboard duly incorporated under the laws of the Commonwealth of Virginia.”

Section B – Add to the prioritized list of those a provider can designate as authorized representative, when an attorney-in-fact, health care agent, legal guardian or microboard is not available – Next friend of the individual. If no other person specified above is available and willing to serve as authorized representative, a provider may nominate a next friend of the individual, to the LHRC.  A next friend can be an individual or a Circle of Support. 

If the next friend is a Circle of Support, the Circle shall designate a liaison to the LHRC, and the provider and shall agree to regular contact or communication with the individual and the provision of personal, financial, spiritual psychological or other support or assistance to the individual. The liaison of the Circle shall not be a provider currently working with the individual.

Please add to Part IV, SUBSTITUTE DECISION MAKING, 12 vac35-115-145, the option for a group of people (as a Microboard or Circle of Support) to be appointed by the court &/or LHRC to serve as guardian &/or legally authorized entity for a person needing and requesting this.

Please add to Part IV, SUBSTITUTE DECISION MAKING, 12 vac35-115-145, the option for a group of people (as a Microboard or Circle of Support) to be appointed by the court &/or LHRC to serve as guardian &/or legally authorized entity for a person needing and requesting this.

 THANK YOU.

Please add to Part IV SUBSTITUTE DECISION MAKING, 12vac35-115-145, the option for a group of people appointed by the courts to serve as guardian if the person requests this.

Thanks,

Ana Maria Echaniz

Mom to 3 boys with Autism

Shenandoah County

Please add the following additions to the Regulatory Code.  This is extremely important for the quality of life for adults with disabilities.

Add to 12VAC35-115-30, DEFINITIONS –

“Circle of support” means a group of 3 of more people who have been designated by the individual with a disability to assist him or her to accomplish personal life goals and to support the individual to make decisions and, if so designated, act as a substitute decision-maker.

“Microboard” means an organization incorporated under the laws of the Commonwealth, whose mission and scope is to develop, provide and oversee the delivery of services and supports, within a formal organizational structure, to an individual who requires assistance in decision-making.

Add to Part IV, SUBSTITUTE DECISION MAKING, 12VAC35-115-146 – Authorized representatives – the option for a microboard or circle of support to be appointed to serve as authorized representative for an individual when it has been determined the individual lacks the capacity to make some decisions. 

Section A - Add to the list of those from whom a provider shall obtain consent or authorization – “A microboard duly incorporated under the laws of the Commonwealth of Virginia.”

Section B – Add to the prioritized list of those a provider can designate as authorized representative, when an attorney-in-fact, health care agent, legal guardian or microboard is not available – Next friend of the individual. If no other person specified above is available and willing to serve as authorized representative, a provider may nominate a next friend of the individual, to the LHRC.  A next friend can be an individual or a Circle of Support. 

If the next friend is a Circle of Support, the Circle shall designate a liaison to the LHRC, and the provider and shall agree to regular contact or communication with the individual and the provision of personal, financial, spiritual psychological or other support or assistance to the individual. The liaison of the Circle shall not be a provider currently working with the individual.

Thank you from the bottom of my heart.

Please add to Part IV, SUBSTITUTE DECISION MAKING, 12 vac35-115-145, the option for a group of people (as a Microboard or Circle of Support) to be appointed by the court &/or LHRC to serve as guardian &/or legally authorized entity for a person needing and requesting this.

 THANK YOU!!!!

Please add to Part IV substitute Decision Making/ 12vac 35-115-145. I think it is a good idea if the person request this. Everyone should have someone to help them make decisions.

 

Deborah Cooper

Mother of 3 children

with different /  many disabilities

Please add to 12VAC35-115-30, DEFINITIONS –

“Circle of support” means a group of 3 of more people who have been designated by the individual with a disability to assist him or her to accomplish personal life goals and to support the individual to make decisions and, if so designated, act as a substitute decision-maker.

“Microboard” means an organization incorporated under the laws of the Commonwealth, whose mission and scope is to develop, provide and oversee the delivery of services and supports, within a formal organizational structure, to an individual who requires assistance in decision-making.

Add to Part IV, SUBSTITUTE DECISION MAKING, 12VAC35-115-146 – Authorized representatives – the option for a microboard or circle of support to be appointed to serve as authorized representative for an individual when it has been determined the individual lacks the capacity to make some decisions. 

Section A - Add to the list of those from whom a provider shall obtain consent or authorization – “A microboard duly incorporated under the laws of the Commonwealth of Virginia.”

Section B – Add to the prioritized list of those a provider can designate as authorized representative, when an attorney-in-fact, health care agent, legal guardian or microboard is not available – Next friend of the individual. If no other person specified above is available and willing to serve as authorized representative, a provider may nominate a next friend of the individual, to the LHRC.  A next friend can be an individual or a Circle of Support. 

If the next friend is a Circle of Support, the Circle shall designate a liaison to the LHRC, and the provider and shall agree to regular contact or communication with the individual and the provision of personal, financial, spiritual psychological or other support or assistance to the individual. The liaison of the Circle shall not be a provider currently working with the individual.

 

Please add to Part IV, SUBSTITUTE DECISION MAKING, 12 vac35-115-145, the option for a group of people (as a Microboard or Circle of Support) to be appointed by the court &/or LHRC to serve as guardian &/or legally authorized entity for a person needing and requesting this.

Please add to Part IV, SUBSTITUTE DECISION MAKING, 12 vac35-115-145, the option for a group of people (as a Microboard or Circle of Support) to be appointed by the court &/or LHRC to serve as guardian &/or legally authorized entity for a person needing and requesting this.

Please add to Part IV, SUBSTITUTE DECISION MAKING, 12 vac35-115-145, the option for a group of people (as a Microboard or Circle of Support) to be appointed by the court &/or LHRC to serve as guardian &/or legally authorized entity for a person needing and requesting this.

 THANK YOU!!!!

I urge you to add the option  for allowing a group of people (Microboard or Circle of Support) to be appointed by the court as a guardian or legally authorized representative to assist those individuals needing and requesting assistance. A network of support is critical to the quality of community-based care. All options must be on the table.

Please add to Part IV, Substitute Decision Making, 12VAC35-115-146, the option for a group of people (such as a Microboard or Circle of Support) to be appointed by the court and/or LHRC to serve as guardian and/or legally authorized entity for a person needing and requesting this.

Please add to part IV, SUBSTITUTE DECISION MAKING, 12 vac35-115-145, the option for a group of people (as a microboard or circle of support) to be appointed by the court and/or LHRC to serve as a gurdian and/or legally authorised entity for a person needing and requesting this.

Please add to Part IV, SUBSTITUTE DECISION MAKING, 12 vac35-115-145, the option for a group of people (as a Microboard or Circle of Support) to be appointed by the court &/or LHRC to serve as guardian &/or legally authorized entity for a person needing and requesting this.

 THANK YOU!!!!

Thank you for your time and attention to this very important matter.  If we do not support these changes, we do support the betterment of someone else's life.  Who knows when that life may be our own or that of someone we know and love.

 

Add to 12VAC35-115-30, DEFINITIONS –

“Circle of support” means a group of 3 of more people who have been designated by the individual with a disability to assist him or her to accomplish personal life goals and to support the individual to make decisions and, if so designated, act as a substitute decision-maker.

“Microboard” means an organization incorporated under the laws of the Commonwealth, whose mission and scope is to develop, provide and oversee the delivery of services and supports, within a formal organizational structure, to an individual who requires assistance in decision-making.

Add to Part IV, SUBSTITUTE DECISION MAKING, 12VAC35-115-146 – Authorized representatives – the option for a microboard or circle of support to be appointed to serve as authorized representative for an individual when it has been determined the individual lacks the capacity to make some decisions. 

Section A - Add to the list of those from whom a provider shall obtain consent or authorization – “A microboard duly incorporated under the laws of the Commonwealth of Virginia.”

Section B – Add to the prioritized list of those a provider can designate as authorized representative, when an attorney-in-fact, health care agent, legal guardian or microboard is not available – Next friend of the individual. If no other person specified above is available and willing to serve as authorized representative, a provider may nominate a next friend of the individual, to the LHRC.  A next friend can be an individual or a Circle of Support. 

If the next friend is a Circle of Support, the Circle shall designate a liaison to the LHRC, and the provider and shall agree to regular contact or communication with the individual and the provision of personal, financial, spiritual psychological or other support or assistance to the individual. The liaison of the Circle shall not be a provider currently working with the individual.

Please add to Part IV, SUBSTITUTE DECISION MAKING, 12 vac35-115-145, the option for a group of people (as a Microboard or Circle of Support) to be appointed by the court &/or LHRC to serve as guardian &/or legally authorized entity for a person needing and requesting this.

 

 

Please add to Part IV, SUBSTITUTE DECISION MAKING, 12 vac35-115-145, the option for a group of people (as a Microboard or Circle of Support) to be appointed by the court &/or LHRC to serve as guardian &/or legally authorized entity for a person needing and requesting this.

please add microboards and circle of supports as authorized entities to direct services for people with disabilities

Add to 12VAC35-115-30, DEFINITIONS

"Circle of support" means a group of 3 or more people who have been designated by the individual with a disability to assist him/her to accomplish personal life goals and to support the individual to make decisions and, if so designated, act as a substitute decision-maker.  "Microboard" means an organization incorporated under the laws of the Commonwealth, whose mission and scope is to develop, provide and oversee the delivery of services and supports, within a formal organizational structure, to an individual who requires assistance in decision-making.

Add to Part IV, 12VAC35-115-146  Authorized representatives-  the option for a microboard or circle to be appointed to serve as authorized representative for an individual when it has been determined the individual lacks capacity to make some decisions.

Section A- Add to the list of those from whom a provider shall obtain consent or authorization--'A microboard duly incorporated under the laws of the Commonwealth of Virginia"

Section B  Add " A next of friend can be an individual or a Circle of Support.  If the next friend is a Circle of Support, the Circle shall designate a liaison to the LHRC, and the provider and shall agree to regular contact or communication with the individual and the provision of personal, financial, spiritual, psychological or other support or assistance to the individual.  The liaison of the Circle shall not be a provider currently working with the individual.

Please add to Part IV substitutue decision making 12 vac35-115-145 the option for a group of people (such as Circle of Support or Microboard) to be appointed by the court, and/or LHRC to serve as Guardian or Legal Authorized Entity for a person requesting or needing this.

Thank you,

Fonda Watson

Parent to adult son with autism living in residential services

Abbreviated comment: Please add to Part IV, SUBSTITUTE DECISION MAKING, 12 vac35-115-145, the option for a group of people (as a Microboard or Circle of Support) to be appointed by the court &/or LHRC to serve as guardian &/or legally authorized entity for a person needing and requesting this. THANK YOU!!!!

Please add to Part IV, SUBSTITUTE DECISION MAKING, 12 vac35-115-145, the option for a group of people (either a Microboard or a Circle of Support) to be appointed by the court and/or Local Human Right Committee to serve as guardian and/or legally authorized entity for a person needing help with decision-making.

Mary Ellen Chewning, Executive Director

The Arc of Harrisonburg and Rockingham, Inc.

620 Simms Avenue

Harrisonburg, Virginia 22802

540 437-9214

 

 

Please add to Part IV SUBSTITUTE DECISION MAKING, 12 vac35-115-145, the option for a group of people (as a Microboard or Circle of Support) to be appointed by the court &/or LHRC to serve as guardian &/or legally authorized entity for a person needing and requesting this.

Please add to Part IV, SUBSTITUTE DECISION MAKING, 12 vac35-115-145, the option for a group of people (as a Microboard or Circle of Support) to be appointed by the court &/or LHRC to serve as guardian &/or legally authorized entity for a person needing and requesting this.

Add to 12VAC35-115-30, DEFINITIONS - "Circle of support" means a group of 3 of more people who have been designated by the individual with a disability to assist him or her to accomplish personal life goals and to support the individual to make decisions and, if so designated, act as a substitute decision-maker. "Microboard" means an organization incorporated under the laws of the Commonwealth, whose mission and scope is to develop, provide and oversee the delivery of services and supports, within a formal organizational structure, to an individual who requires assistance in decision-making. Add to Part IV, SUBSTITUTE DECISION MAKING, 12VAC35-115-146 - Authorized representatives - the option for a microboard or circle of support to be appointed to serve as authorized representative for an individual when it has been determined the individual lacks the capacity to make some decisions. Section A - Add to the list of those from whom a provider shall obtain consent or authorization - "A microboard duly incorporated under the laws of the Commonwealth of Virginia." Section B - Add to the prioritized list of those a provider can designate as authorized representative, when an attorney-in-fact, health care agent, legal guardian or microboard is not available - Next friend of the individual. If no other person specified above is available and willing to serve as authorized representative, a provider may nominate a next friend of the individual, to the LHRC. A next friend can be an individual or a Circle of Support. If the next friend is a Circle of Support, the Circle shall designate a liaison to the LHRC, and the provider and shall agree to regular contact or communication with the individual and the provision of personal, financial, spiritual psychological or other support or assistance to the individual. The liaison of the Circle shall not be a provider currently working with the individual.

Circle of support means a group of 3 of more people who have been designated by the individual with a disability to assist him or her to accomplish personal life goals and to support the individual to make decisions and, if so designated, act as a substitute decision-maker.

Microboard means an organization incorporated under the laws of the Commonwealth, whose mission and scope is to develop, provide and oversee the delivery of services and supports, within a formal organizational structure, to an individual who requires assistance in decision-making.

Add to Part IV, SUBSTITUTE DECISION MAKING, 12VAC35-115-146 Authorized representatives the option for a microboard or circle of support to be appointed to serve as authorized representative for an individual when it has been determined the individual lacks the capacity to make some decisions. 

Section A - Add to the list of those from whom a provider shall obtain consent or authorization A microboard duly incorporated under the laws of the Commonwealth of Virginia.

Section B Add to the prioritized list of those a provider can designate as authorized representative, when an attorney-in-fact, health care agent, legal guardian or microboard is not available Next friend of the individual. If no other person specified above is available and willing to serve as authorized representative, a provider may nominate a next friend of the individual, to the LHRC.  A next friend can be an individual or a Circle of Support. 

If the next friend is a Circle of Support, the Circle shall designate a liaison to the LHRC, and the provider and shall agree to regular contact or communication with the individual and the provision of personal, financial, spiritual psychological or other support or assistance to the individual. The liaison of the Circle shall not be a provider currently working with the individual.

Please add to Part IV, Subsitiute Decision Making, 12 VAC 35-115-145, the option for a group of people (as a Microboard or Circle of Support) to be appointed by the court &/or LHRC to serve as guardian &/or legally authorized entity for a person needing and requesting this.

Thank you!

Please retain 12 VAC 35-115-110.B.14 in the new regulations.

Thank you!