Saturday, October 22, 2011

'The Guardian Accountability and Senior Protection Act' - S1744

Two Democratic senators have introduced legislation that would strengthen protections for seniors against abuse and fraud through court-appointed guardians and conservators.

The Guardian Accountability and Senior Protection Act would protect seniors and persons with disabilities from neglet and financial exploitation by improving oversight and accountability for guardians and conservators at state and federal levels.

“While the vast majority of court-appointed guardians are undoubtedly professional, well-meaning and law-abiding, there is mounting evidence that some guardians use their position of power for their own gain, at the expense of the very people they were supposed to be looking out for,” said Amy Klobuchar (D-Minn.), who introduced the bill along with Bill Nelson (D-Fla.).

The legislation would provide support to states to implement programs to increase oversight of long-term caregivers, and calls for state courts to assess the handling of proceedings relating to guardianship and conservatives before making recommendations for best practices.

It would also help state courts implement an electronic filing system and a pilot program to conduct national and state criminal background checks in order to better monitor, report and audit conservatorships sand guardianships.

In 2010, the Government Accountability Office (GAO) released a report identifying hundreds of allegations of physical abuse, neglect, and financial exploitation by guardians in 45 states and D.C. that had occurred in the previous 20 years. In 20 of those cases that GAO reviewed, guardians had stolen or improperly obtained $5.4 million from 158 incapacitated victims, many of whom were older adults.

In a recent hearing on guardian abuse chaired by Klobuchar in the Senate Judiciary Subcommittee on Administrative Oversight and the Courts, the senator called for more accountability and oversight of court-appointed guardians to ensure seniors’ safety and proper care.

Source:
Senators Introduce Bill Cracking Donw on Elder Abuse

See Also:
View the Senate Judiciary Subcommittee on Administrative Oversight and the Courts hearing: Protecting Seniors and Persons With Disabilities - An Examination of Court-Appointed Guardians

Read the GAO report: Guardianships - Cases of Financial Exploitation, Neglect, and Abuse of Seniors

Senate Judiciary Subcommittee on Administration and the Courts Holds Hearing on Guardianship

NASGA's "Protecting Our Citizens From Unlawful and Abusive Guardianships and Conservatorships"

NASGA's "A Review of Unlawful "Emergency" Guardianships"

NASGA's "The Fleecing of Medicaid and the Taxpayers"

7 comments:

  1. Are they really going to do something? What about immediate action and relief? I sent in my story that is current; Mom is still incarcerated in a nursing home, her estate has been completely mismanaged and the money is gone. Is the government going to step in or just plan on creating another government department for "oversight?" I know for a fact that there are other people that are in the same situation as my mohter. What about Gary Harvey? Will they help him? We need action NOW!!

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  2. I am hoping there is real oversight but this article doesn't say so I'll be anxious to read the bill.

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  3. Accountability involves enforcement and penalties. I hope this act includes these things.

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  4. We've got to hope this time there is going to be a law that does what they say it's intended to do: reform guardianship and protect wards of the state.

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  5. We've got to hope this time there is going to be a law that does what they say it's intended to do: reform guardianship and protect wards of the state.

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  6. In my opinion someone needs to address the issue of: Immunities

    There is a limit to what is considered errors made in good faith.

    Who will address Immunities? And, when?

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