22VAC30-70-50: Recordkeeping

A. Each public guardian program shall maintain an accurate and complete client record for each incapacitated person. Records shall be kept confidential. Access to client records shall be limited to (i) the client's public guardian or conservator as designated by a Virginia circuit court; (ii) as otherwise directed by court order; (iii) as directed by duly authorized government authorities; and (iv) as specifically authorized by the Code of Virginia or federal statutes, including by written consent of the client's public guardian or conservator. Provision shall be made for the safe storage of client records or accurate and legible reproductions for a minimum of five years following termination of the guardian or conservator court order.

B. Each client's record shall contain a current Virginia Uniform Assessment Instrument (UAI) or a similar comprehensive assessment instrument, a current public guardian program care plan, a current values history, the most recent annual report of the guardian submitted to the Department of Social Services as required by § 64.2-2020 of the Code of Virginia, the most recent annual accounting by the conservator to the Commissioner of Accounts as required by § 64.2-1305 of the Code of Virginia, and all applicable court orders and petitions. A client's record shall be completed and on file within 60 days of the public guardian program's appointment as public guardian, public conservator, or both.

C. Each public guardian program contractor shall maintain all records, provide reports, including audit information and documents in accordance with its contract with the department.