Thursday, July 12, 2012

The Guardian Accountability and Senior Protection Act Passes Senate Judiciary Committee Today

U.S. Sen. Amy Klobuchar’s legislation to protect seniors from neglect and abuse by guardians passed the Senate Judiciary Committee today (Thursday, July 12) with a 15-3 vote, paving the way for a vote in the full Senate.

The Guardian Accountability and Senior Protection Act, co-sponsored by Senator John Cornyn (R-TX), would protect seniors and persons with disabilities from neglect and financial exploitation by improving oversight and accountability for court-appointed guardians and conservators.

“While most court-appointed guardians are undoubtedly professional, caring and law-abiding, there is mounting evidence that some guardians use their position of power for their own gain,” Klobuchar said. “This is a positive step forward for this critical legislation that would help increase accountability and oversight of guardians and protect those who are most vulnerable.”

Klobuchar’s legislation would provide support to states to implement programs to increase oversight of guardians and conservators. Specifically, the bill provides funding for state courts to assess the handling of proceedings relating to guardian and conservators, and then make the necessary improvements to their practices. The bill sets aside a portion of the funding for states seeking to implement or improve systems for conducting background checks on potential guardians and conservators. It also authorizes state courts to implement an electronic filing system in order to better monitor and audit conservatorships and guardianships.

Full Article and Source:
Klobuchar Legislation to Protect Seniors From Neglect and Abuse Passes Committee

See Also:
Senior Klobuchar Pushes 'Guardian Accountability and Senior Protection Act," S.B. 1744

17 comments:

StandUp said...

This looks like a positive sign!

B Inberg said...

I'm waiting for the final vote in the Senate with the final draft of this new bill. Wonderful news thank you Senator Amy Klobuchar for your hard work and efforts to see this to a vote. Many are depending on federal intervention that will have a positive effect and for the greater good of society. Sincere appreciation.

Tina from MN said...

Wonderful news accountability now how unusual is that? It's been open season on the vulnerable of our society for far too long. Guardianship is based on honesty. Where else is this acceptable? Thanks to the judiciary committee for stepping up and taking action on the federal level.

Waiting for each state to do the right thing will take another generation of victims. Lawyers and guardians are unjustly enriching themselves and their pals all you need to do is study the cases the pattern is the same nationwide.

I am so very proud of our US Senator.

Anonymous said...

Kudos to the Senators voting for this bill..it is definitely a step in the right direction. Of concern, though, are the predatory guardianships that are approved by corrupt judges....this is a serious problem that needs to be addressed as well. There is a huge problem in Cook County, IL, as well as in other parts of the country.

Mary Waddell said...

This accountability act by Klobuchar is a fabulous way to slow down the horrible exploitation of seniors by court appointed guardians.
As a NASGA member I am thrilled!
Mary I. Waddell

Norma said...

I just checked the blog and found this update. Thanks, NASGA.

Senator Klobuchar, you have achieved something that really should have come from the Senator Kohl's committee, the Senate Special Committee on Aging, should have done long ago -- a federal bill.

Thank you.

jerri said...

i am very pleased to see this news guardianship is big business and someone needs to be watching

Unknown said...

Thank you Senator Klobuchar. Remember please that younger adults with disabilities are in the same position as seniors regarding guardians who take advantage of their position.

Rudy said...

At least someone in Washington D.C. realizes guardianship crimes under court authority exists.

However, I am still concerned that legislative orientation continues to be based on the assumption judges are honest caring people, and therefore gives more money to a judicial system populated, to a very large extent, by judges who use taxpayer money to ignore the law and U. S. Constitutional rights; judges who regularly keep out evidence of guardianship abuse, punish family members and ban them from court for trying to give judges vital information and evidence of guardian abuse and exploitation, and give immunity to guardians, conservators and trustees when they quit, after their plunder entirely depletes multimillion dollar estates, leaving senior citizens, who would have never needed one taxpayer dime, to the the mercy of government financial assistance.

Friend said...

Whether it passes in the Senate this time around; whether its form is altered, its substance saturated or its original intent undeliverable at this time - the federal government demanding accountability by guardians is an historical thing. It means everything.

Joseph Kasof said...

Good news. Thanks to the good Senator.

Jeff said...

I am glad to see the Feds finally getting involved in this nightmare!

Anonymous said...

It looks like we are finally getting somewhere. Unfortunately, the public guardians will probably still get a free pass on this one. There is no way for them to ever take the fall on any wrongdoing in court. I know because my parents have been in one for 4 years. This guardianship didnt start because of family disputes or lack of kin. It started because my parents had money and they wanted it.

Holly said...

Good News Indeed...

Florida needs oversight BIG TIME

My physically healthy, 76 yr. old mother was domiciled and resided in Pennsylvania with Advance Directives in place when she took a trip to Florida. It has been 5 yrs now and she has never returned. WHY??? Because she fell prey to Officer's of the Volusia County Florida Court including Professional Guardian, Jetta L. Getty owner of Young at Heart Elderly Services in Port Orange FL.

Mother's approx. $470,000.00 estate was converted into legal fees, guardian fees, rent and drug charges among other plunder in less than 5 years. Based on documents Getty filed in Volusia County Court, it appears our mother is now supported by the the Florida tax payers regardless of the documented FACTS that mother was a PA domicile, she had a beautiful home to live in PA and she wanted to return home.

Florida tax payers should be outraged demanding accountability!

Not one of the Officers of that FL Court involved in this case and being paid from mother's estate, every told the Court mother was just visiting! Couldn't make that kind of money telling the whole truth could they??

Currently Jetta Getty has our mother in an undisclosed location refusing to tell us where she is.

Any questions, contact me at: hlpeffer@yahoo.com.

Anonymous said...

Thank You U.S. Sen. Amy Klobuchar and U. S. Senator John Cornyn for The Guardian Accountability and Senior Protection Act.

And we can thank the GOA for their reports of their findings leaving no doubt whatsoever that those who are in the protection business hit the big lotto, many are taking advantage of their wards and others are raping their victim's assets leaving we the people the taxpayers with the bills when in fact the estates had sufficient funds to pay for care instead it goes to probate pals billing billing billing.

This bill must become law on the first vote.

Idea: Track down those who voted against this in the judiciary commitee I understand the vote was 15-3. I want the names of the 3 who voted NO. And, we need to watch closely as this bill proceeds through the full senate and compile names of senators if anyone votes NO.

Linda Kincaid, MPH said...

So many California elders are abused by their conservators. My mom (Carol Hahn) was isolated for 15 months, and she has been denied medical care since 2010. Gisela Riordan in San Jose has been imprisoned and isolated for over two years. There are many more similar stories.

advocate said...

The Guardian Accountability and Senior Protection Act is a beginning and we can build on that!