Guardianship providers urge $9.1 million PAS funding as lawmakers weigh consolidation bill

Representatives of nonprofit guardianship providers asked the appropriations subcommittee to fund the Public Administrator Support (PAS) program at $9.1 million in the OMB budget, saying increased funding is needed to serve people on wait lists and to raise daily reimbursement rates for professional guardians.

"This will allow service to additional protected persons in need of guardianship services throughout North Dakota," Margo Hout, founder and co-director of Guardian Angels Incorporated, told the committee while asking for the $9.1 million appropriation.

Scott Bernstein, executive director of Guardian and Protective Services, and other providers described caseload growth and the work involved in serving high-need adults. Bernstein said his organization served 69 PAS-eligible clients in 2022, 97 in 2024 and is currently serving 117 individuals. He said the additional funding would raise the PAS daily reimbursement rate — Hout and Bernstein described a progression from $8.33 per day in 2014 to $17.50 per day as of 2024 — and would allow providers to hire and retain staff to handle higher caseloads.

County and statewide partners also briefed the committee on how the PAS funds are distributed. Aaron Burst of the North Dakota Association of Counties said the association serves as the fiscal agent that passes OMB-appropriated money to nonprofit guardianship providers and does not retain administrative fees from those funds.

At the same time, witnesses and committee members discussed Senate Bill 2029, an interim-committee product that would create an Office of Guardianship and Conservatorship and consolidate multiple funding streams across departments. Witnesses described SB 2029 as complex and said aspects of the proposal remain unclear to providers — including contract and governance details — so they asked lawmakers to slow the timetable for standing up a new office until details are resolved. Scott Bernstein and Margo Hout testified they supported clearer structure but were concerned that moving too quickly could disrupt funding to existing providers.

Becky (OMB staff) confirmed that the current baseline appropriation in the governor’s budget is approximately $6,887,000 (a 3% reduction applied to last biennium’s $7.1 million baseline). Providers said the $9.1 million request represents the additional funding needed to increase reimbursement rates and to serve more clients if the Legislature does not pass a consolidation bill that would change where funds are appropriated.

Providers also outlined operational details: Guardian Angels said it grew from three employees to eight after rate increases, and reported caseload numbers over time (Guardian Angels: 9 protected persons in 2015; 19 in 2018; 89 in 2022; 119 in 2024). Bernstein provided counts of hours, miles and court reports to illustrate workload.

Committee members acknowledged the complexity of the pending Senate bill and said appropriators will need to reconcile OMB’s budget requests with any legislative reorganization if SB 2029 passes. Several members said they expect further hearings and follow-up information before making final appropriation decisions.

Provenance: Testimony from guardianship providers, the Association of Counties and OMB staff is in the transcript beginning with Scott Bernstein’s remarks at s=4230.93 and continuing through exchange about SB 2029 and the PAS program.