Code of Ethics

RULE 1	A fiduciary shall exercise extreme care and diligence when making decisions based on behalf of a client. All decisions shall be made in a manner which protects the civil rights and liberties of the client and maximizes independence and self-reliance.
1.1	The fiduciary shall make all reasonable efforts to ascertain the preferences of the client, both past and current, regarding all decisions which the fiduciary is empowered to make.
1.2	The fiduciary shall make decisions in accordance with the ascertainable preferences of the client, past or current, in all instances except those in which a fiduciary is reasonably certain that substantial harm will result from such a decision.
1.3	When the preferences of the client cannot be ascertained, the fiduciary is responsible for making decisions which are in the best interests of the client.
1.4	The fiduciary shall be cognizant of his or her own limitations of knowledge, shall carefully consider the views and opinions of those involved in the treatment and care of the client, and shall also seek independent opinions when necessary.
1.5	The fiduciary shall recognize this his or her decisions are open to the scrutiny of other interested parties and, consequently, to criticism and challenge. Nonetheless, the fiduciary alone is ultimately responsible for decisions made on behalf of the client or protected person.
1.6	A fiduciary shall refrain from decision making in areas outside the scope of the guardianship or conservatorship order and, when necessary, assist the client by ensuring such decisions are made in an autonomous fashion.
RULE 2	The fiduciary shall exhibit the highest degree of trust, loyalty, and fidelity in relation to the client.
2.1	The fiduciary shall protect the personal and pecuniary interests of the client and foster growth, independence and self reliance to the maximum degree.
2.2	The fiduciary shall scrupulously avoid conflict of interest and self-dealing in relations with the client.
2.3	The fiduciary shall vigorously protect the rights of the client against infringement by third parties.
2.4	The fiduciary shall, whenever possible, provide all pertinent information to the client unless the fiduciary is reasonably certain that substantial harm will result from providing such information.
RULE 3	The fiduciary acting as guardian shall assume legal custody of the client and shall ensure the client resides in the least restrictive environment available.
3.1	The fiduciary shall be informed and aware of the options and alternatives available for establishing the client’s place of residence.
3.2	The fiduciary shall make decisions in conformity with the preferences of the client in establishing the client’s residence unless the fiduciary is reasonably certain that such a decision will result in substantial harm.
3.3	When the preferences of the client cannot be ascertained or where they will result in substantial harm, the fiduciary shall make decisions with respect to the client’s place of abode which are in conformity with the interests of the client.
3.4	The fiduciary shall not remove the client from his or her home or separate the client from family and friends unless such removal is necessary to prevent substantial harm. The fiduciary shall make every reasonable effort to ensure the client resides at home or in a community setting.
3.5	The fiduciary shall seek professional evaluations and assessments whenever necessary to determine whether the current or proposed placement of the client represents the least restrictive environment available to the client. The fiduciary shall work cooperatively with community-based organizations which may be available to assist in ensuring that the client resides in a non-institutional environment
3.6	The fiduciary shall monitor the placement of the client on an on-going basis to ensure its continued appropriateness and shall consent to changes as they become necessary or advantageous for the client.
3.7	In the event that the only available placement is not the most appropriate and least restrictive, the fiduciary shall advocate for the client’s rights and negotiate a more desirable placement with a minimum of delay, retaining legal counsel to assist if necessary.
RULE 4	The fiduciary shall assume responsibility to provide informed consent on behalf of the client for the provision of care, treatment and services and shall ensure that such care, treatment and services represents the least restrictive form of intervention available.
4.1	The fiduciary shall make decisions in conformity with the preferences of the client when providing consent for the provision of care, treatment and services, unless the fiduciary is reasonably certain that such decisions will result in substantial harm to the client.
4.2	When the preferences of the client cannot be ascertained or will result in substantial harm, the fiduciary shall make decisions with respect to care, treatment and services which are in conformity with the best interests of the client.
4.3	In the event the only available treatment, care or services are not the most appropriate and least restrictive, the fiduciary shall advocate for the clients right to a more desirable form of treatment, care or services, retaining legal counsel to assist if necessary.
4.4	The fiduciary shall seek professional evaluations and assessments whenever necessary to determine whether the current or proposed care, treatment and services represent the least restrictive form of intervention available
4.5	The fiduciary shall work cooperatively with individuals and organizations which may be available to assist in ensuring the client receives care, treatment and services which represent the least restrictive form of intervention available and are consistent with the wishes or best interests of the client.
4.6	The fiduciary shall not consent to sterilization, electro-convulsive therapy, experimental treatment, psychosurgery or other legally suspect forms of care, treatment or service without seeking review by the court or the client’s attorney or other representative.
4.7	The fiduciary shall be familiar with the law of the state regarding the withholding or withdrawal of life-sustaining treatment.
4.8	The fiduciary shall monitor the care, treatment and services the client is receiving to ensure their continued appropriateness and shall consent to changes as they become necessary or advantageous to the client.
RULE 5	The fiduciary acting as conservator for the estate shall provide competent management of the property and income of the estate. In the discharge of this duty, the fiduciary shall exercise intelligence, prudence and diligence and avoid any self-interest.
5.1	Upon appointment, the fiduciary shall take steps to become informed of the statutory requirement for managing a protected person’s estate.
5.2	The fiduciary shall manage the income of the estate with the primary goal of providing for the needs of the protected person and, in certain cases, the needs of the protected person’s dependants for support and maintenance
5.3	The fiduciary has a duty to exercise prudence in the investment of surplus funds of the estate.
5.4	Where the liquid estate of the protected person is sufficient, the private fiduciary may petition the court for authority to make such gifts as are consistent with the wishes or past behavior of the client, bearing in mind both the foreseeable requirements of the client and the tax advantages of such gifts.
5.5	There shall be no self-interest in the management of the estate by the fiduciary; the private fiduciary shall exercise caution to avoid even the appearance of self-interest.
5.6	All fees and expenses incurred for the protected person by the fiduciary, including compensation for the fiduciary’s services, shall be reasonable in amount and necessarily incurred for the protected person’s welfare.
RULE 6	The fiduciary has an affirmative obligation to seek termination or limitation of the guardianship or conservatorship whenever indicated.
6.1	The fiduciary shall diligently seek out information which will provide a basis for termination or limitation of the guardianship or conservatorship.
6.2	Upon indication that termination or limitation of the guardianship or conservatorship order is warranted, the fiduciary shall promptly request court action, retaining legal counsel if necessary.
6.3	The fiduciary shall assist the client in terminating or limiting the guardianship or conservatorship and arrange for independent representation for the client whenever necessary.