Office_of-Guardianship

Complaints

Complaints

  • Protected Persons (PPs) and/or other concerned parties are required to first try to resolve the complaint(s) with the Guardian.
  • Guardians must be given the opportunity to resolve the complaint.
  • There is an exception to this requirement, if there is a reason to believe that an emergency situation exists or a delay of the investigation could result in harm to the PP, and/or retaliation by the Guardian, then the complaint may be filed with OOG.
  • OOG does not have jurisdiction over Guardians that do not contract with DDC.
  • Complaints may be submitted by the PP or another person on behalf of the PP, including but not limited to a: friend or relative, advocate, caregiver or provider, and other interested person(s).
  • OOG is available to provide support with the complaint process, for assistance please call 505-841-4519.
  • An exception to the requirement that a complaint be made in writing shall be granted if a reasonable accommodation is necessary.
  • OOG’s complaint process does not restrict the PP’s due process rights to submit a grievance form or write a letter to request a status conference with the assigned District Court Judge to address any concerns regarding guardianship.
  • Complaints should include as much information as possible, including the following:
    • Name of the PP and contact information.
    • Name and contact information of the individual assisting the PP through the complaint process, if applicable.
      • Relationship of the complaining party to the PP.
    • Name of the Guardian Agency and/or Guardian Coordinator against who the complaint is being made.
    • Name of the party who has attempted to resolve the complaint, if known.
      • What actions have been taken to attempt to resolve the complaint?
    • Details of the complaint including: the alleged wrongdoing, the involved parties, when and where the wrongdoing occurred.
    • A copy of the complaint may be provided to OOG.
    • Both parties, the complainant and Guardian, are required to cooperate and address the issue(s) to resolve the complaint.
    • Within thirty (30) calendar days, after receipt of a complaint, the Guardian shall:
      • Meet with the complainant (e.g., the PP and/or other concerned parties) and attempt to reach a resolution.
      • Document the resolution or non-resolution of the complaint.
        • Signed and dated by all parties, which attempted to resolve the issue(s).
      • Provide and explain the complaint resolution or non-resolution to the PP and, if applicable, their representative and/or other concerned parties involved in the complaint process.
      • Submit a copy of the complaint documentation to OOG.
    • If the parties are unable to reach a resolution or agreement within thirty (30) calendar days, the complaining party may submit a complaint to OOG and may file a copy with the Guardian.