Senate Bill 19
completely re-writes New Mexico's current guardianship law. It’s a long
and complex bill coming in at 165 pages. State Sen. Jim White,
R-Albuquerque, said the state currently has a guardianship law in
place, However, it needs to be improved.
"It hasn't worked real well," he said. "Although reports have been required and guardianships have got responsibilities, those folks have abused the process. They’ve found a way to make the situation ugly, taken some of the money that doesn’t belong to them and we’re trying to straighten that all out."
"It hasn't worked real well," he said. "Although reports have been required and guardianships have got responsibilities, those folks have abused the process. They’ve found a way to make the situation ugly, taken some of the money that doesn’t belong to them and we’re trying to straighten that all out."
For example, the feds closed Albuquerque-based guardian firm
Ayudando last year after its owners were charged with embezzling
millions of dollars from their clients' trust accounts.
“The bill corrects a lot of the problems we’ve had," White said.
The bill essentially makes the court-appointed guardianship process more transparent by improving notification of guardianship court proceedings and making the records public. It also improves visitation rights and includes bonding requirements for guardianship agencies.
"So if there's a loss of funds the bonding agency will have to make up for that," White said.
If passed the bill would apply to new guardianship cases starting in January 2019.
"There are two parts to the guardianship system," White said. "First is to take care of the individual to make sure they’re taken care of physically they’ve got places to live and they’re taken care of properly. But it’s also the finances part of it, so you might say it’s a two-pronged approach to make sure both of these things are taken care of."
Despite this short 30-day session, White said he's optimistic the bill can make it to the Gov. Susana Martinez's desk.
“The bill corrects a lot of the problems we’ve had," White said.
The bill essentially makes the court-appointed guardianship process more transparent by improving notification of guardianship court proceedings and making the records public. It also improves visitation rights and includes bonding requirements for guardianship agencies.
"So if there's a loss of funds the bonding agency will have to make up for that," White said.
If passed the bill would apply to new guardianship cases starting in January 2019.
"There are two parts to the guardianship system," White said. "First is to take care of the individual to make sure they’re taken care of physically they’ve got places to live and they’re taken care of properly. But it’s also the finances part of it, so you might say it’s a two-pronged approach to make sure both of these things are taken care of."
Despite this short 30-day session, White said he's optimistic the bill can make it to the Gov. Susana Martinez's desk.
Full Article & Source:
Bill aims to re-write state guardianship law
4 comments:
Get it done New Mexico. You owe it to your citizens.
The ULC bill shifts in terms of focusing on the rights of wards and their families--instead of handing guardians full control over people with disabilities. No one deserves to have their dignity and life accomplishments tossed aside as if it doesn't matter. It WILL matter when WE are old and we need to change this system now;
I agree. Get it done. Stop talking and get it done.
Good news and we know the heat was on without that pressure I hate to say it but it would be 'business as usual'.
Any and all laws governing guardianship must begin at square #1 - estate planning documents including power of attorney for health care and property must be honored unless there is a problem that is PROVEN with supporting EVIDENCE or the PoA's must have standing.
Unfortunately, not all acting PoA agents are honest or are acting in good faith in the very best interests of the principal.
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