Motivated by stories about questionable behavior by guardians and conservators, the state Legislature voted overwhelmingly to strengthen oversight of what had been a virtually unregulated profession in Minnesota.
The law, which Gov. Tim Pawlenty signed Friday, creates a "bill of rights" for wards and protected persons, bolsters their ability to challenge decisions made on their behalf and requires guardians and conservators to register with the state courts starting in 2013.
The law stops short of requiring certification of people wanting to be guardians and conservators, a measure required in several other states. The original bill passed by the Senate included that requirement, but Sen. Mee Moua, the St. Paul DFLer who championed the guardianship reforms, said she agreed to take it out in order to reach a compromise.
The guardian bill was a victory for advocates for the mentally ill, disabled and seniors, as well as individuals who came to the Capitol with horror stories about a family member's treatment by a guardian or conservator.Some of those families brought their stories to Whistleblower, and my report in February about the costly guardianship and conservatorship of Peggy Greer of Excelsior was cited by lawmakers and advocates as the kind of situation they hope greater oversight will prevent.
Under the new law, guardians and conservators will have to make themselves and their decisions more visible to the court and interested persons, while wards have an affirmation of their rights to exercise as much liberty as their situations allow.
"We really think it will create more transparency to actions by guardians and more opportunities for court oversight," said Patricia Siebert, an attorney with the Minnesota Disability Law Center.
"It's not going to solve every problem out there," said Rep. Paul Thissen, the Minneapolis DFLer who drove the bill in the House. "It does start down path of bringing more transparency and more eyes to the process."
Source:
Those Under Guardianship Get Rights
I wish we could say the same for Iowa, but we are working on it. Part of our problem is that we, in IA, started just a little too late after the legislative session for 2011 got under way.
ReplyDeleteBut the passage of reform in our neighboring state to the north should inspire everyone in IA regarding our elderly and others so affected by this abusive guardian and conservator problem.
Peggy Greer and her family have got to be smiling ear to ear!
ReplyDeleteGood going, Minnesota!
ReplyDeleteGee isn't this a shocking title?
ReplyDeleteMuch credit to Minnesota for taking a strong position and standing up against the dark side those who have full control of this racket far too long.
Innocent people had rights all rights stripped by the court now there is hope wards of the state can retain some of their rights.
I think part of the problem with this entire process starting with the petitioners in the role of the PLAINTIFFs serving notice of hearing of guardianship (well sometimes there is prior notice) on the innocent person makes that person the DEFENDANT who is declared GUILTY in petition GUILTY growing old, a physical disability temporary or permanent that INNOCENT PERSON is dragged into a courtroom (that alone causes much distress) to PROVE to the judge prove to the COURT they are ok, some people might need assistance while guardianship is the most drastic action it's a death sentence.
Most old folks have never seen a courtroom.
A round of applause to advocates and legislators in MN.
ReplyDeleteSeveral states were shocked into action in amending their protective statutes after the GAO issued its surprise report - that guardians were stealing from warads.
ReplyDeleteMuch more needs to be done.
It's so encouraging to see states taking a good look at guardianship abuse and doing something. Reform comes in steps and several states have taken those most important initial steps.
ReplyDeleteIt's a funny thing - guardianship strips the ward of all his/her rights and now at least some states are seeing this isn't good and are trying to fix it.
ReplyDelete