New job THERAPUTIC CLERK in South Carolina

Description

The purpose of the class is to perform highly advanced administrative and complex legal work as it relates to the Therapeutic Division; to participate in the management of the Court Office; and to perform related duties as assigned. This class works within broad policy and organizational guidelines, does independent planning and implementation, and reports progress of major activities through periodic conferences and meetings.

Duties

ESSENTIAL JOB FUNCTIONS

• Responsible for case management of the Therapeutic Division which including guardianships for incapacitated adults, conservatorships for incapacitated adults, conservatorships for minors, creation of Special Needs Trusts, all matters relating to trusts, protective proceedings for incapacitated adults,

and minor settlements.

• Conducts extensive review of all pleadings filed with the Court. Works with the Petitioner or Petitioner's attorney to ensure all required documents are properly and timely filed. If pleadings are incomplete or erroneous, works with Petitioner or Petitioner's attorney to correct issues.
• Provides guidance to physicians, social workers, nurses, hospitals, bonding companies, banks, investment agencies, lay persons, attorneys, and other agencies to ensure documents are properly prepared in the required time periods.
• Prepares and transmits mandatory SLED-GUN LAW Orders to South Carolina Law Enforcement Division.
• Coordinates with the appointed Guardians ad Litem (GAL) to ensure they are willing to serve and provide them background information regarding cases. Appoints cases to proper attorneys to serve as Guardian as Litems; assists Guardian ad Litems by transmitting required documents, obtaining the Report of Guardian ad Litem and Visitor's Report, reviews the same for accuracy, reviews Affidavits of Billing, processes any required Orders for Guardian ad Litem. Assists with training new Guardian ad Litems.
• Provides training for the guardian or conservator on their duties and court expectations; addresses questions from them on reports they need to file; sends reminders; and if filings are missing, prepares affidavits to issue a Rule to Show Cause as to why that respective guardian/conservator should not be held in contempt of court.
• Provides guidance and information to family members and attorneys concerning guardianships for incapacitated adults, conservatorships for incapacitated adults, conservatorships for minors, creation of Special Needs Trusts, all matters relating to trusts, protective proceedings for incapacitated adults, and minor settlements.
• Assists the Judge in preparing and reviewing the Order 2; Issuing the Order 3; Issuing Certificates of Appointment and Fiduciary Letters; Preparing correspondence to the Court's fiduciary with the "opening paperwork" which includes the above plus an Inventory & Appraisement; Ensure that the Bond is properly established 6. Ensure that a Restricted Account is properly set up and that the Court receives the Restricted Account Agreement. Obtains and reviews the Inventory & Appraisement for correctness; Send out and obtain back the Annual Accounting. Reviews the Annual Accounting to ensure it is in compliance with the Court's Order. Assists the fiduciary and/or attorney in preparing a request for a Monthly or Yearly Budget for the ward; Prepares the Order for Budget for the Judge ;

Throughout the span of the case, review Applications for Expenditure and prepare them for the Judge's review; Issue Orders for Application and follow up to ensure that funds were properly expended; Draft Affidavits for Rules to Show Cause if the fiduciary has violated any duties of the position.

• Manages all Petitions for Establishment of a Special Needs Trust, from the initial filing to prepping the Judge for the hearing to the issuance of the final Order.
• Supervises any and all issues pertaining to trusts, including but not limited to, creation of a trust, closing of a trust, change of trustee, modification of a trust, and any challenges to the actions of the trustee managing the trust.
• Manages all aspects of one-time Protective Proceedings for incapacitated adults from the initial filing through to the issuance of the final Order.
• For Minor Settlements, reviews all pleadings for accuracy, ensures proper service of all interested parties has been obtained, require publication if necessary, prepare the file for the Judge's Court hearing, assist with the final Order. Guide the attorney or family if the need for a minor conservatorship is required, and then assist them with that process as well.
• For minor conservatorships, upon reaching the age of majority, manages the proper closing of the conservatorship by obtaining and verifying the Final Accounting, setting up the Exit Interview for the Judge, meeting with the family to prepare the documents required for the Exit Interview, issue any and all Orders of Discharge and to close the Estate. Provides guidance of release of the funds to the family.
• Upon the death of a ward of a guardianship or conservatorship, works closely with the Estate Division to ensure that the guardianship or conservatorship is properly closed down (Final Accountings, all outstanding bills paid, Letters of Discharge) prior to releasing the funds to the Personal Representative.
• Provisional Transfer of Guardianship /Conservatorship from State to State. A guardian or conservator appointed in this State may petition the court to transfer the guardianship or conservatorship to another state. The Therapeutic Clerk will work with Guardians, Conservators, and Attorneys to ensure the transferred cases from state to state are handled properly per the UGAPPJA guidelines. This Act is designed to help avoid unnecessary and expensive court proceedings and provides a way to transfer the guardianship/conservatorship jurisdiction when the guardian moves to a new state or we receive from another state. The Clerk keeps the flow of the 8 different Provisional Orders necessary to properly received or transfer the acting Guardian/Conservator's authority to act on behalf of the ward in the state in which they reside.
• Maintains and keeps up-to-date data in the ICON case management system.
• Assists will all aspects of the Marriage License Division.
• For contested and uncontested Court hearings, prepares case files for court; monitors case status; assists in auditing and striking cases from active status as appropriate.
• Participates in conference calls with attorneys and Judge on complex cases.
• Refers individuals to legal counsel or other community-based programs, such as Veteran Affairs, Medicaid, Medicare, mental health agencies, Department of Disabilities and Special Needs, and other courts as needed.
• Oversees the preparation and maintenance of accurate, complete and confidential court records.
• Prepares, types, copies, files, distributes, transmits and/or maintains various routine and special records and reports required by the County and other agencies.
• Confers with various other County departments, individuals, agencies and organizations regarding court cases, including judges, attorneys, DSS personnel, Adult Protective Services, and others.
• Performs general administrative and clerical duties as required including, but not limited to, typing reports and correspondence, ordering and maintaining office supplies and equipment, entering and retrieving computer data, sending and receiving faxes, copying and filing documents, answering the telephone, etc.
• Receives and responds to inquiries, requests for assistance and complaints pertaining to department policies, procedures and personnel.
• Attends training, meetings, seminars and/or workshops as required to enhance job knowledge and skills.
• Performs other related job duties as assigned.

Qualifications

Education and Experience:
College degree is preferred given the complicated nature of Estates, especially as they grow more litigious.
Background in accounting or business to assist in the performance of the mathematical nature of this position.
Minimum requirement is a High School diploma or GED supplemented by education in legal studies, business or relevant field.
Requires over at least four (4) years of related work experience.
Favorable: Experience with accounting, managing financial accounts, knowledge of Social Security benefits, knowledge of Veteran's benefits, knowledge of facilities such as assisted living, memory care units, etc. With detailed knowledge of the legal requirements and rules of civil procedure,
Special Qualifications:
Notary Public.

For more information on Dorchester County Government please view the information below:
https://www.dorchestercounty.net/index.aspx?page=227

Benefits for County Employees

County Employees may be eligible for a variety of State benefits associated with their employment. From a comprehensive health and dental insurance program, to generous annual and sick leave policies, to a solid and secure retirement system.

Healthcare Benefits
(Full-time employees)
Dorchester County is a part of the State Benefits Program. The State program offers its employees a comprehensive health and dental program, along with a wide array of supplemental insurance programs. South Carolina has long been committed to providing its employees the best possible insurance benefits at the greatest possible value. We've maintained that commitment, too, even in the face of healthcare costs that continue to soar. You may refer to the link for more information.

www.eip.sc.gov/

Retirement Benefits
In addition to our health and dental insurance programs, all county employees are a part of the South Carolina Retirement System. These programs are designed to help provide county employees secure retirement alternatives that will best meet their needs. You may refer to the link for more information.

http://www.retirement.sc.gov/

Workplace Benefits
In addition, county employees may be eligible for other benefits, such as holidays, annual leave, and sick leave.

Note: The above benefits are available to most county employees, with the exception of those in temporary positions. Employees in temporary grant and time-limited positions may be eligible for all, some, or none of these benefits based on the benefits associated with each position. For these positions, please contact the hiring agency to determine what benefits may be available for the particular position.

Job Type: Full-time