Linda Kincaid Reports: DC seeks to curb elder abuse: Limitations of Guardianship Amendment Act of 2014

 On Wednesday, October 15, 2014, the Council of the District of Columbia will hold a public hearing on B20-0710, introduced by Councilmembers Anita Bonds and Marion Barry. Part of the legislative intent of the bill is to curb unreasonable confinement and involuntary seclusion of individuals under guardianship, a common form of elder abuse. Members of the public may testify before the Council or submit comments directly to the Council by email. 

Bill 20-710, the “Limitations of Guardianship Amendment Act of 2014”

Wednesday, Oct. 15, 2014 1 pm

John A. Wilson Building, Room 412
1350 Pennsylvania Avenue, NW, Washington, DC 20004

Councilmember Tommy Wells, Chairperson of the Committee on the Judiciary and Public Safety, announces a public hearing on October 15, 2014, beginning at 1 pm in Room 412 of the John A. Wilson Building, for the purpose of receiving testimony on Bills 20-890 and 20-710.

Elder abuse often takes the form of isolation of an elder by a guardian. An elder’s need for social contact with friends and loved ones can be ignored by a guardian seeking financial gain. Confinement and isolation are especially common in assisted living facilities wishing to reduce work load.

Bill 20-710 would amend Title 21 of the DC Official Code to protect the well-being of incapacitated individuals from unreasonable confinement or involuntary seclusion by a temporary, limited, and general guardian; to require all individuals seeking to be appointed as a guardian or conservator to submit and pay for a local and national criminal history record check and to file a statement with the court indicating whether the nominee has been convicted of, pled nolo contendere to, or received a deferred sentence for a felony or misdemeanor; to require the courts to limit the duration of any limited guardianship order to no more than three years and general guardianship order to no more than five years and have the party seeking guardianship to initiate a new petition based on clear and convincing evidence on the need for a guardianship order. The bill may be viewed online at http://lims.dccouncil.us/Legislation/B20-0710.

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DC seeks to curb elder abuse: Limitations of Guardianship Amendment Act of 2014