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JULY 2020 MEETING INFO Online Meetings eNewsletter Apublication by the Guardian Association of Pinellas County for the purpose of promoting advocacy & education. Guardian TheProfessional Guardian Join us for our next GAPC general membership meeting where we will welcome Robin Lavitch, founder of Surpass Your Goals, a coaching practice for doctors, lawyers, entrepreneurs, executives, and more. Robin, nicknamed “The People Whisperer”, is an expert in helping clients and companies communicate with different personality styles, leverage their strengths, and integrate psychological insights for better results. Her coaching and training programs and her capacity to connect with audiences, elicit thought-provoking ideas and clarify personal ambitions. She prepares people to apply that knowledge to accelerate their performance and productivity in leadership, sales, and time management. Her topic will be about “Patterns of Persuasion” in which she will include an Overview of Communication - words, tone and body language; the Cycle of Persuasion - connection, consideration, commitment and conviction; Connection - first impression and building rapport; Listening and Empathy; as well as Consideration, Commitment and Conviction. The monthly meeting is open to members only , who will meet, virtually, on Wednesday, July 8th, 12:00 p.m. Please RSVP at our GAPC’s website. Prior to the scheduled meeting, members will receive an email with a link to your member login page. During the meeting, please make sure you can be identified with your name. One CEU is provided for members in good standing. Robin Lavitch WEDNESDAY, JULY 8, 12:00 - 2:00 P.M. VIA ZOOM VIDEO CONFERENCING THURSDAY, JULY 16, 12:00 P.M. VIA ZOOM VIDEO CONFERENCING FRIDAY, JULY 31, 9:00 A.M. VIA ZOOM VIDEO CONFERENCING PLEASE RSVP TO ASSOCIATION WEBSITE GENERAL MEMBERSHIP: BONUS CE PRESENTATION: NETWORKING: P ATTERNS OF PERSUASION Robin Lavitch, MA, PCC, CWPC ASSOCIATION CONTACT INFO. P.O. Box 1826, Pinellas Park, FL 33780 (517) 256-0403 [email protected] www.GuardianAssociation.org

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Page 1: eNewsletter... · for doctors, lawyers, entrepreneurs, executives, and more. Robin, nicknamed “The People Whisperer”, is an expertin helping clients and companies communicate

JULY 2020

MEETING INFO

Online Meetings

eNewsletterA publication by the Guardian Association of Pinellas County for the purpose of promoting advocacy & education.

GuardianTheProfessional

Guardian

Join us for our next GAPC general membership meeting where we willwelcome Robin Lavitch, founder of Surpass Your Goals, a coaching practicefor doctors, lawyers, entrepreneurs, executives, and more. Robin, nicknamed“The People Whisperer”, is an expert in helping clients and companiescommunicate with different personality styles, leverage their strengths, andintegrate psychological insights for better results. Her coaching and trainingprograms and her capacity to connect with audiences, elicit thought-provokingideas and clarify personal ambitions. She prepares people to apply that knowledge to acceleratetheir performance and productivity in leadership, sales, and time management.

Her topic will be about “Patterns of Persuasion” in which she will include an Overviewof Communication - words, tone and body language; the Cycle of Persuasion - connection,consideration, commitment and conviction; Connection - first impression and building rapport;Listening and Empathy; as well as Consideration, Commitment and Conviction.

The monthly meeting is open to members only, who will meet, virtually, on Wednesday,July 8th, 12:00 p.m. Please RSVP at our GAPC’s website. Prior to the scheduled meeting, memberswill receive an email with a link to your member login page. During the meeting, please make sureyou can be identified with your name. One CEU is provided for members in good standing.

Robin Lavitch

WEDNESDAY, JULY 8, 12:00 - 2:00 P.M. VIA ZOOM VIDEO CONFERENCING

THURSDAY, JULY 16, 12:00 P.M.VIA ZOOM VIDEO CONFERENCING

FRIDAY, JULY 31, 9:00 A.M.VIA ZOOM VIDEO CONFERENCING

PLEASE RSVP TO ASSOCIATION WEBSITE

GENERAL MEMBERSHIP:

BONUS CEPRESENTATION:

NETWORKING:

PATTERNS OF PERSUASION

Robin Lavitch, MA, PCC, CWPC

ASSOCIATION

CONTACT INFO.

P.O. Box 1826, Pinellas Park, FL 33780(517) 256-0403

[email protected] www.GuardianAssociation.org

Page 2: eNewsletter... · for doctors, lawyers, entrepreneurs, executives, and more. Robin, nicknamed “The People Whisperer”, is an expertin helping clients and companies communicate

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ASSOCIATION COMMUNICATIONS

P.O. Box 1826, Pinellas Park, FL [email protected]

https://facebook.com/GuardianAssociationPinellas

President .......................................................... Irene Rausch

Vice President ........................................................ Lori Clark

Secretary .................................................... Michelle Lowack

Treasurer ........................................................... Keith Crosby

Administration CommitteeIrene Rausch, Chair

Budget & Finance CommitteeKeith Crosby, Chair

By-Laws, Ethics, Legislative CommitteeTimothy Perenich, Esq., Chair

Aubrey Posey Hitchcock, Esq., Co-Chair

Conference CommitteeIrene Rausch, Chair

Michelle Lowack, Co-Chair

Education CommitteeLori Clark, Chair

Everyday Essentials CommitteeEileen Dougan, Chair

Membership CommitteeMichelle Lowack, Chair

Public Relations CommitteeDenise Povolish, Chair

Social Media CommitteeDenise Povolish, Chair

2020 Board of DirectorsOfficers

Board Members

Committees

Orlando Acosta

Eileen Dougan

Marianne Fisher.

Aubrey Posey Hitchcock, Esq

Timothy Perenich, Esq.

Denise Povolish

IMPORTANT ANNOUNCEMENTS:

GOOD NEWS...BAD NEWS

Bad News First: The GAPC Board of Directorshas decided to cancel the one day annual conference(7 ceus) that was scheduled to be held onSeptember 25 at the St. Petersburg Yacht Club dueto the uncertainty of future Covid restrictions.

Now the Good News! The GAPC Board ofDirectors has decided to hold a virtual conferencethe week of September 21 through September 25instead. One hour seminars will be held severaltimes a day Monday through Friday and attendeescan register online for each individual session theywant to attend - up to 15 ceus! Registration fees are:GAPC members $15 per session; Non-members$25 per session.

We need your help in determining the mostconvenient times to schedule the sessions so we willbe sending out a survey soon. There are only a fewquestions and it will take less than 2 minutes tocomplete. Please respond. Once we analyze thedata, we will prepare and publicize the schedule oftopics and speakers so you can consider which sessionsyou want to attend and save the dates accordingly.

CONFERENCE SPONSOR OPPORTUNITIES

A limited number of sponsor opportunities will beavailable for the virtual conference and preferencewill be given to GAPC members. If you are interested,please contact Irene Rausch, GAPC President, [email protected]

Page 3: eNewsletter... · for doctors, lawyers, entrepreneurs, executives, and more. Robin, nicknamed “The People Whisperer”, is an expertin helping clients and companies communicate

Clerk of the Circuit CourtOffice of Ken Burke

Clerk of the Circuit Court and Comptroller For Pinellas County, Florida

HOW TO CONTACT US:

As always, please contact the clerk if we can be of any further assistance by phone: (727) 464-3321, or email [email protected].

CHANGES EFFECTIVE 7/1/2020 WHICH AFFECT GUARDIASHIP REPORTING

Senate Bill 994 has passed, which makes several changes for Guardianships. Specificallythose changes affecting initial and annual reports are:

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The annual guardianship report of a guardian of the property and the annual guardianshipreport of a guardian of the person must both include a declaration of all remunerationreceived by the guardian from any source for services rendered to or on behalf of the ward.As used in this paragraph, the term “remuneration” means any payment or other benefitmade directly or indirectly, overtly or covertly, or in cash or in kind to the guardian.

The annual plan will include: “A list of any preexisting orders not to resuscitate executedunder s. 401.45(3) or preexisting advance directives, as defined in s. 765.101, the date anorder or directive was signed, whether such order or directive has been suspended by thecourt, and a description of the steps taken to identify and locate the preexisting order notto resuscitate or advance directive.

The Sixth Circuit forms have been updated to make room for this information to be includedand are now on our website.

Another helpful note from our auditors for guardians: Please remember that the InitialInventory is intended to show all assets and liabilities of the ward as of the guardianshipinception date. If you are expecting a settlement or inheritance for the ward, and it has not bepaid as of the date of Letters, the initial inventory should be filed without the settlement orinheritance. The settlement or inheritance should be shown as income in the first annualaccounting.

Guardian Success Stories Sought

Has a facility helped you meet your ward in-person or virtually? Help other Guardians andfacilities do the same by sharing your experiencewith Orlando for an article in the next newsletter.Start the conversation by sending your story to:

[email protected]

Are you interested in serving on aGAPC Committee? Watch youremail for a Committee preferenceform coming your way in the nextfew weeks so you can apply forcommittee membership.

Answers:A. Irene Rausch; B. Marianne Fisher , C., Eileen Dougan, D. Michelle Lowack

WILL YOU SERVE?

Page 4: eNewsletter... · for doctors, lawyers, entrepreneurs, executives, and more. Robin, nicknamed “The People Whisperer”, is an expertin helping clients and companies communicate

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EverydayEssentials

EverydayEssentials

ShampooHairbrush

CombsSoap

ToothbrushToothpasteBody Wash

Incontinence ProductsLotion

Word Search BooksColoring Books

Pens/Crayons/Colored PencilsGreeting Cards

(with stamp included on envelope)

TissuesCosmetics (powder, blush, lipstick)

Costume JewelryNail Polish

Nail Polish RemoverAftershaveCotton Balls

The GAPC is collecting new, unopened items for the indigent seniors in ourcommunity.Items needed include, but are not limited to the following:

Travis Finchum, Esq.

We are looking for someone to actively participate in Everyday Essentials. We need a partner ortwo. They will contact low income ALF's for deliveries and once we can get back into the facilities,there will be quarterly events. These events are really fun and rewarding when you see the smiles‘around the eyes’ of the people accepting the products. (We have to imagine the smiles underthe masks!)

PLEASE SEE AN URGENT NEED FOR THIS TERRIFIC COMMUNITY SERVICE PROJECT BELOW.

BONUS CE PRESENTATION MEETING:SPECIAL NEEDS TRUSTS

MEETING INFO

Guardians will have an opportunity this month for an additional CE,outside of our normal monthly membership meetings. Attorney Travis D.Finchum will join us on Thursday, July 16th at 12:00 p.m. for a virtualmeeting on Zoom Video Conferencing in which he is well equipped toprovide information on Special Needs Trusts.

Attorney Finchum has been practicing law since 1996 and has beena Board Certified Elder Law attorney since 2002. He is the President and founder of the lawfirm, Special Needs Lawyers, P.A. He founded the Guardian Trusts in 2002 which assistsindividuals with disabilities in protecting their assets for use during their lifetimes withoutdisqualifying them for much needed public benefits.

Over the years, Travis has served on the boards of numerous legal organizations andnon-profit organizations and was awarded the Elder Law Section Member of the Year awardin 2019 for his outstanding service.

Please RSVP at our GAPC’s website. Prior to the scheduled meeting, members will receive anemail with a link to your member login page. During the meeting, please make sure you can beidentified with your name.

Page 5: eNewsletter... · for doctors, lawyers, entrepreneurs, executives, and more. Robin, nicknamed “The People Whisperer”, is an expertin helping clients and companies communicate

Due to COVID-19, Governor DeSantis put review and signature of most bills,other than those directly related to Florida’s response to COVID-19 on hold for sever-al weeks. Finally, as businesses opened back up in Florida, Gov. DeSantis reviewedmuch of the legislation waiting for his review.

Most importantly for guardians, SB 994 which goes into effect July 1, 2020, wassigned by Gov. DeSantis on June 18, 2020. This bill makes several changes to therequirements for petitioning for the appointment of a guardian. If you are filing peti-tions after July 1, review the legislation to make sure your petition complies with therequirements. First, it prohibits a professional guardian, other than the Public

Guardian, from petitioning for their own appointments. Second, it requires more details in the petition andfor the court to inquire into potential conflicts of interest. It prohibits a guardian from receiving kickbacksfor services provided to a ward. It also requires more details in the petition regarding whether any alternativesto guardianship exist and the reasons why a proposed guardian is the right person to serve the particularalleged incapacitated person.

Changes are also made to the requirements for Initial and Annual Guardianship plans. These plans mustnow list any advance directives and Do Not Resuscitate Orders (DNRO’s) that exist and whether the documentsremain in place or were suspended by the Court. The Annual Guardianship Report must include a list of anyremuneration received by the guardian from the Ward’s assets.

Finally, the law implements new requirements when a guardian wishes to sign a DNRO on a Ward’s behalfby requiring court approval for a DNRO. If exigent circumstances exist, the Court must conduct a hearing onthe petition for approval to sign the DNRO within 72 hours and enter an order immediately after the hearing or itmust conduct an evidentiary hearing on the petition within four days after the preliminary hearing and enteran order immediately after the evidentiary hearing. GAPC will be hosting one of its Conference sessions onthis specific procedure so stay tuned for more conference details and attend this Session in September!

SB 344 which permits a physician’s assistant or ARNP, in addition to a medical doctor, to complete theward’s annual physical examination and to sign the form filed with the court was signed into law byGov. DeSantis on June 23, 2020 and is effective July 1. If you have physician’s examination forms that arecompleted July 1 or later, remember the ARNP or PA’s signature is sufficient.

HB 813 referred to as the Vulnerable Investor Rule requires all broker-dealers and investment advisors toreport abuse, neglect and exploitation. It allows the advisor to place a hold up to 15 days when the advisorreasonably believes exploitation is occurring or will occur. The hold can be extended for 10 more days undercertain circumstances. Any advisor must report the hold to the Office of Financial Regulation withinthree days to take advantage of the safe harbor provision releasing the advisor of any liability for holdsinappropriately placed. The Office of Financial Regulation has the authority to investigate holds to ensurethey are being place when exploitation is suspected, not when an older client is simply changing advisors.

SB 82 passed as part of the Legislature’s budget and makes changes to the Medicaid Home and CommunityBased Services Waiver operated by Agency for Persons with Disabilities. It changes the definition ofsignificant additional needs and requires that this determination be centralized at APD headquarters. It alsochanges the i-budget, setting it on an individual basis.

While these bills contain many changes, more changes can be expected next year with the proposedGuardianship statute or chapter 745 statutory re-write. Stay tuned to this newsletter for more details and forinformation on how you can get involved in advocacy work to ensure changes in the guardianship statute isbeneficial to wards and the practice of guardianship.

LEGISLATIVE UPDATEBY AUBREY POSEY, ESQ., HITCHCOCK LAW GROUP

Aubrey Posey, Esq.

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Page 6: eNewsletter... · for doctors, lawyers, entrepreneurs, executives, and more. Robin, nicknamed “The People Whisperer”, is an expertin helping clients and companies communicate

Many aspects of Covid-19 remain mysterious, but recent studies fromChina and Japan support the idea that transmission is more likely to occurindoors than outdoors. As senior living communities begin to allow lovedones to once again visit residents, expect outdoor meetings to be a first step.

Officials in Ohio gave assisted living communities permission to restart family visits this week, providedthat the visits take place outdoors. Communities in Ohio are readying outdoor spaces to host these visits, andsenior living providers in other parts of the country are also preparing to facilitate outdoor meetings. ByAugust or September, tents or other structures used for visitation may be a common sight outside of assistedliving buildings.

Aegis Living — based near Seattle in Bellevue, Washington — has already invested significant efforts intoits Outdoor Living Rooms project. This is an initiative to create safe and welcoming outdoor visitation areas,Aegis’ Tom Laborde told SHN. As of June 1, Laborde transitioned from COO to a senior advisor role withAegis. He is currently focused on Covid-19 response and infection control.

Outdoor Living Rooms came about because Aegis does not believe that facilitating outdoor visitationshould simply involve setting up chairs six feet apart, Laborde said. Rather, the provider wanted to createa prototype set-up that can be customized across its 32-community portfolio, when it is appropriate for aparticular building to start outdoor visitation. The company aims to have these in place this month, especiallyin time for Father’s Day.

The design calls for a wood-framed piece of Plexiglass to create a barrier between visitors and residents,who will wear masks. Comfortable seating for residents and up to two visitors, and the ability to providerefreshments, are also components. Often, these outdoor living rooms will be created under a roofed porchto provide shade, otherwise a tent can be used.

The design of the outdoor space is only one element to consider. A building also has to adapt its operations tosupport these types of visits. Staff members need to be present to pre-screen residents and visitors, ensureproper social distancing and disinfect the area between visits, Laborde said. Visitation schedules also have tobe created and maintained.

The approximate cost to create a single outdoor living room is $1,000. Based on how the spaces haveworked in pilot projects at a few communities, the cost is well worth it, Laborde said.

“The stories coming out of it make you want to cry,” he said, noting one example of a resident meeting hergranddaughter for the first time.

Visitation tents could indeed become a more common sight outside of assisted living by the end of the summer,said Mammina. It’s possible to install lighting in tents to facilitate evening and nighttime visits, he noted, andto equip tents with misting devices to help cool the air — a key consideration in the hot and humid late summer.

While outdoor visitation tents may become less common as Covid-19 wanes, assisted living communitiesof the future almost certainly will place a greater emphasis on outdoor spaces as a result of the pandemic.

After witnessing residents enduring long periods of isolation, providers and architects have spoken on theneed to include balconies, patios or other outdoor access from individual living units. And courtyards andother outdoor spaces where multiple residents gather will be designed to accommodate social distancing,Mammina believes. For example, benches or other seating areas will be positioned at strategic distances andfixed to the ground.

Courtesy of Senior Housing News by Tim Mullaney, June 10, 2020 edition, The Assisted Living Community of the Future Takes Shape This Summer

OUTDOOR LIVING ROOMSSUBMITTED BY DENISE POVOLISH

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Page 7: eNewsletter... · for doctors, lawyers, entrepreneurs, executives, and more. Robin, nicknamed “The People Whisperer”, is an expertin helping clients and companies communicate

SCAM ALERT!Recently someone sent a scam request tothe GAPC email list asking recipientsto purchase Amazon gift cards becauseGAPC needed the funds. Recipients ofthe email were asked to scratch off thenumbers on the back of the card; takea photo of the numbers and then sendthe photo to the sender so that thecards could be cashed in. Please be

aware that this did not come from GAPC. Always checkthe sender’s email address. Although it may contain aname that you recognize the rest of the address is fabricated.If you are in doubt, contact the individual who allegedlysent the email to verify if it was from him or her. We aresorry for any inconvenience this may have caused.

What do you know about yourBoard of Directors???

do yourDirectors

know

A. Who wanted to be an artist?

B. Who loves a bacon cheddar cheeseburger?

C. Who loves to camp?

D. Who loves spicy food?

Marianne Fisher Eileen Dougan Irene Rausch Tim Perenich Aubrey Posey

Lori Clark Denise Povolish

Answers on page 3Michelle Lowack

Guardian Association of PinellasCounty (GAPC) does not promote orvouch for the services provided by anyof its members. Members wishing todo business with one another arestrongly encouraged to do their ownpublic records searches and back-ground screenings before entering intoany business relationship. GAPCaccepts no liability for any informationidentified from those searches/screen-ings or any claims arising from any ver-bal or written agreements membersmay engage in with one another.

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Orlando Acosta