Guardianship reform advances after judges, victims share concerns

The Nebraska State Legislature will consider a plan to reform the state’s guardianship system.

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The bill (LB 920) advanced by the Judiciary Committee would budget around $1 million to create a new office of guardianship under the supervision of the state Supreme Court.

While Nebraska Governor Dave Heineman has yet to weigh in, there appears to be little resistance in the state Legislature to the idea of overhauling the system. Currently Nebraska is the only state in the nation that does not provide such a service for elderly, disabled or children unable to manage their own finances or make critical life choices. 

In most cases a family member or acquaintance will be appointed by a county court judge to assist. However, the pool of volunteers to help has nearly disappeared according to judges across the state, leaving them little choice but to appoint sometimes unwilling and in some cases unscrupulous guardians.

Sen. Colby Coash of Lincoln advocates a change in the system that currently relies on volunteers, whether they are family members or helpful community members.  “Beyond that the courts don’t have much of another option (when) there is no family member who is willing or able to step in,” Coash told NET News.

The bill sponsored by Coash would create an entirely new office employing 20 trained caseworkers available to be appointed as guardians when a court has no other option.  A review of current court cases by a state commission dealing with the issue estimated there are currently around 400 people in need of the service. 

Coash has been emphasizing Nebraska is the only state in the union that has no central office for guardianship.  “What my bill does is mirror what is done in 49 other states,” he said.

Recently Nebraska state senators on the Judiciary Committee took testimony from people with first-hand, and in some cases disturbing, experiences with guardians.

Judge Curtis Evans recently retired as a county court judge after more than 36 years on the bench.  Before retiring he became a driving force in reforming what he saw as a broken guardianship system. 

Full Article & Source:
Guardianship reform advances after judges, victims share concerns

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