Louisiana Guardianship Services, Inc., is a private, not-for-profit corporation that can act as guardian (or “curator” as it is called in Louisiana law) for adults who are incapacitated to the extent they are unable to make their own decisions.

LGSI can be given the authority to make decisions for an incapacitated adult in areas outlined by the court – personal, financial, residential, medical.

LGSI contracts with the state of Louisiana Governor's Office of Elderly Affairs (GOEA) and the Louisiana Department of Health's Offices for Citizens with Developmental Disabilities (OCDD) and Adult & Aging Services (OAAS) to provide curators for disabled individuals without willing, able, or appropriate family members, when they determine these individuals need someone to manage their affairs.

LGSI does not file interdictions (the Louisiana term for a guardianship proceeding) on behalf of anyone. LGSI’s function is to act as curator when a court determines that there is no family member or friend that can do so. If you believe that someone should have a guardian appointed to manage his or her affairs, you must contact an attorney to file an interdiction proceeding.

Upon its appointment and the issuance of Letters of Curatorship by the clerk of court, LGSI will provide a trained curator for the incapacitated person. LGSI belongs to the National Guardianship Association, and its staff curators are trained, tested, and registered with the national Center for Guardianship Certification.

The organization was led for 28 years by Executive Director, Greg Mullowney, who served as the 2006 President of the National Guardianship Association, and has been certified as a Master Guardian by the national Center for Guardianship Certification. He was honored in 2011 by the Center for Guardianship Certification with its National Master Guardian Star Achievement Award, and also honored by the National Guardianship Association in 2016 as its first Member of the Year.

In September 2022, the board of director's was excited to welcome Jason D. Asbill, JD, as LGSI's new Executive Director. Bringing a breadth of knowledge to LGSI, Jason is an experienced attorney with 10 years of advocating for his clients through litigation, mediation and education. Jason practiced in the area of family, education and elder law. In addition to his legal experience, Jason is a proven non-profit leader having lead a fledgling national non-profit to a thriving organization. As a current elected official, Jason has a deep understanding of the legislative process and will leverage that knowledge to advocate for LGSI's advancement on the local, state, and federal level.

Guardianships for the Elderly (aged 60 years and over)

‍Interdiction, also referred to as guardianship or conservatorship, is a legal process, utilized when a person can no longer make or communicate safe or sound decisions about his/her person and/or property or has become susceptible to fraud or undue influence. Through contracts with various state agencies or on a private pay basis, LGSI provides curators/guardians for individuals without willing, able, or appropriate family members.

LGSI contracts with the Louisiana Governor’s Office of Elderly Affairs to provide guardians (or “curators” as they are called in Louisiana law) to elderly individuals.
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LGSI may also accept fee-for-service appointments, as staff time permits, to act as guardian (curator). Referrals should be made to Executive Director Jason D. Asbill at jason.asbill@laguardianship.org.

The Executive Director or agency Staff Attorney must approve all judgments before they are submitted to ensure that they will conform to the agency’s needs and allow it to act in the best interests of the interdict and will provide the courts with specific provisions that may be needed.

LGSI will provide an Oath and Letters of Curatorship upon acceptance of the guardianship. LGSI will not accept appointments that have not been discussed with it prior to the judgment. Please see Louisiana Revised Statutes 9:1031 et seq.

Guardianships for the Intellectually Disabled (aged 18 years and over)
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‍The agency contracts with the Louisiana Department of Health’s Office for Citizens with Developmental Disabilities (OCDD) and its Office of Adult & Aging Services (OAAS) to provide guardians (curators) to intellectually disabled individuals who receive services from OCDD and have been approved by those specific Offices for our services. If approved by those offices, Department of Health attorneys will pursue the Interdiction.

What is an Interdiction?
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Interdiction, also referred to as guardianship or conservatorship, is a legal process, utilized when a person can no longer make or communicate safe or sound decisions about his/her person and/or property or has become susceptible to fraud or undue influence. Through contracts with various state agencies or on a private pay basis, LGSI provides curators/guardians for individuals without willing, able, or appropriate family members.

Because this process removes rights from the interdicted person and transfers them to the curator or curatrix, it is important that interdiction occur only when absolutely necessary. For example, the interdicted person loses the right to vote, to enter into contracts, to marry, to determine where he or she will live, the types of medical care provided, and how his or her money is spent.

If the beneficiary agrees, or if the court has ordered it, LGSI will notify the Social Security Administration, apply to become the beneficiary’s Representative Payee and start receiving the monthly benefits on behalf of the beneficiary. The funds are placed in our Pooled Client Account under the individual’s name. LGSI will thereafter pay the beneficiary’s monthly housing expenses and utilities, and then arrange for funds to be provided as needed for personal expenses and spending money.

A local social work agency or case manager must be involved with these beneficiaries to ensure that funds are dispensed appropriately and according to the individual’s needs and abilities. LGSI will attempt to save some funds each month to cover future emergencies, medical needs, and holidays, etc.

For large expenditures, such as furniture, televisions, appliances, etc., LGSI requires that purchases be arranged in advance and invoices provided. LGSI will then arrange for payment to go directly to the vendor.

In many situations, LGSI can provide gift cards to major department stores that will allow the beneficiary to purchase household items, so long as there is a responsible person accompanying the beneficiary to ensure that the purchases are appropriate and that receipts will be provided to the agency for compliance with Social Security Administrations audits.

In addition, LGSI is responsible, as Representative Payee, to report changes in the beneficiary’s living situation, any employment income, and provide asset verification. The agency also receives Disability Update forms from the Social Security Administration that require information about the beneficiary’s medical appointments and hospitalizations.

Therefore, the social workers and case managers should keep ledgers of the beneficiary’s appointments and hospitalizations.
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LGSI contracts with Louisiana’s Department of Health’s Office of Adult & Aging Services (Adult Protective Services) to provide money management services throughout the state to adults receiving Social Security and/or SSI benefits who have been approved by that Office for our services.

A New Financial Tool for Individuals with Disabilities: The Louisiana Guardianship Services Disability Pooled Trust
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‍In a groundbreaking move, Louisiana Guardianship Services, Inc., a Louisiana nonprofit organization established in 1992 that serves developmentally disabled and elderly adults across Louisiana, recently established Louisiana’s first pooled special needs trust (PSNT), offering a new option for families and individuals with disabilities to manage their financial resources while maintaining access to essential government benefits. A PSNT can be a crucial tool for families looking to provide long-term financial security for their loved ones with disabilities. Families no longer need to worry about how an inheritance, legal settlement, or other financial gift could affect their loved one’s benefits. Instead, these resources can be carefully managed within the trust, ensuring that the beneficiary continues to receive the support they need without interruption.

‍What is a Pooled Special Needs Trust?

‍A pooled special needs trust is a type of financial trust that allows individuals with disabilities to protect their assets without jeopardizing their eligibility for government programs like Medicaid and Supplemental Security Income (SSI). Many government benefits have strict income and asset limits, and receiving an inheritance or other funds could disqualify an individual from these programs. By placing those funds in a special needs trust, individuals can use the resources for their care while staying within the financial limits required to retain their benefits. Unlike individual special needs trusts, a pooled trust combines the resources of multiple beneficiaries into one collective investment fund. This pooled investment is managed by a nonprofit organization, which uses its expertise to maximize the financial benefits while keeping management fees low. Each beneficiary has their own account within the trust, and funds are used specifically for their needs. The funds can be used for supplemental expenses, including medical care, education, and other services that improve the quality of life for the beneficiary.
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‍Benefits of a Pooled Special Needs Trust
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1. Cost Efficiency

‍One of the major advantages of a PSNT is the cost savings. Managing an individual special needs trust can be expensive, as legal and administrative fees quickly add up. However, a PSNT pools resources from multiple individuals, reducing the cost of managing each account. The pooled funds benefit from professional management without the high fees often associated with individual trusts, making this option more affordable for families with limited resources.
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‍2. Professional Management

‍A PSNT is managed by experienced professionals who specialize in navigating the complex rules surrounding government benefits for individuals with disabilities. This expertise helps ensure that the trust is administered properly, safeguarding the beneficiary’s eligibility for programs like Medicaid and SSI.
‍3. Flexibility and Customization While the funds are pooled for investment, each beneficiary has an individual account that can be tailored to their specific needs. The trust can be used for a wide range of expenses, including healthcare not covered by Medicaid, education, housing, therapy, and recreational activities that improve the quality of life. The flexibility of a PSNT allows beneficiaries to enjoy a higher standard of living.
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‍4. Preservation of Government Benefits

‍One of the most important benefits of a PSNT is its ability to preserve government benefits. Without a special needs trust, any funds received by an individual with a disability could push them over the asset limits set by Medicaid and SSI, resulting in the loss of vital benefits. By placing these funds into a PSNT, individuals can maintain their eligibility for these programs while using their own resources for supplemental needs.
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‍5. Charitable Benefit

‍Upon the death of a beneficiary, any remaining funds in their account do not go back to Medicaid, as is often required with individual trusts. Instead, these funds may be retained by the nonprofit. The retained funds are then used to support other individuals with disabilities. This creates a charitable legacy, benefiting future beneficiaries and enhancing the resources available to individuals in need.
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‍Conclusion

‍This new trust tool offers families an affordable, flexible, and professionally managed option to safeguard the financial future of their loved ones while maintaining essential government benefits. “The creation of Louisiana Guardianship’s Disability Pooled Trust marks a significant step forward to ensuring that individuals with disabilities can enjoy a higher quality of life and continued access to necessary support, all within a sustainable and charitable financial model,” said Professor Jason Frank, professor of Elder Law at Tulane University Law School and founder of the First Maryland Disability Trust. “Working with LGSI’s staff attorney Steven Bain gives me confidence that LGSI is well-situated to provide this trust benefit to individuals with disabilities in Louisiana.” Disability Pooled Trust Interdiction, also referred to as guardianship or conservatorship, is a legal process, utilized when a person can no longer make or communicate safe or sound decisions about his/her person and/or property or has become susceptible to fraud or undue influence. Through contracts with various state agencies or on a private pay basis, LGSI provides curators/guardians for individuals without willing, able, or appropriate family members.