Local woman on legislative committees for guardianships, long-term care

KEVIN HARVISON | Staff photoState AARP President Joe Ann Vermillion, of McAlester, prepares to answer a question regarding her role in serving on state legislative committees looking to improve Oklahoma's laws regarding longterm care and court-assigned guardianships.

By James Beaty

A local woman is working at the state level to help develop options regarding long-term care for older Oklahomans.

She's also working with another group searching for ways to strengthen Oklahoma's guardianship laws.

Oklahoma AARP President Joe Ann Vermillion has been traveling to the state Capitol twice a month to serve on separate legislative committees examining the two issues and serves on a subcommittee that spreads information regarding different types of long-term care. Citing the expense of longterm nursing home care, Vermillion said less-costly options are available.

"It's less expensive to stay at home," Vermillion said. Some aging individuals who pursue that option may still need some assistance, through home health care, with transportation, or in other areas.

Even staying in an assisted living center is cheaper than staying in a nursing home, said Vermillion.

Pursuing those options doesn't mean that everyone will be able to stay at their residence as he or she ages, but it's likely more could do so, Vermillion noted.

Vermillion is also a member of a larger guardianship committee that's looking at revamping the state's laws in that area. Among the other members are several attorneys and Jari Askins, the chief administrative officer of Oklahoma's court system system. Askins is also a former lieutenant governor and a former Democratic gubernatorial candidate.

Guardianship refers to the legal relationship when someone is assigned by the court to be in charge of the personal, monetary or property interests of another individual. A guardianship could be to take care of the interests of a minor child; an adult who's become incapacitated due to infirmity, old age, illness, injuries or other issues, or a mentally vulnerable adult.

While many guardians have been known to do an outstanding job of handling their responsibilities, others try to take advantage of the situation.

"Everyone agrees that guardianship is a problem," Vermillion said.

"Part of the problem is a guardianship is assigned to someone and no one gets to monitor them that much," said Vermillion. "That's how money gets taken from people; there's not a lot of oversight," she said, referring to instances where guardians have drained accounts or otherwise have taken advantage of the very people whose interests they are supposed to be protecting.

Typically, a guardian could be a family member, an attorney or someone else who is supposed to be looking out for a subject's best interest.

Vermillion said it's difficult for judges to monitor all the guardianships which might be active in a given county or judicial district.

Pittsburg County Court Clerk Cindy Ledford said there were 92 guardianships filed in Pittsburg County in 2018 and another 101 cases were filed in 2017.

Normally, the guardianships cover three areas: a person who is incapacitated, a vulnerable adult, or minor children, she said.

Guardianships are not typically reviewed in a courtroom setting unless there's a reason to do so.

"Once the judge grants it, that's it, unless it's brought back into court and dismissed," Ledford said. Guardianships could be dismissed for a number of reasons. They include a child who reaches the age to be legally identified as an adult, or the recovery of a previously-incapacitated individual.

At the Pittsburg County Courthouse, Associate District Judge Tim Mills handles guardianships for adults and Special Judge Mindy Beare handles guardianships for children, Ledford said. Files on the guardianships are sealed, she said.

"The guardian is supposed to file an annual report to the courts," Ledford said. It costs the person filing the report an annual filing fee of $56.64.

What happens to the guardianship report after it's delivered to the court clerk's office and the $56.64 filing fee is paid?

"The report normally goes into the file," Ledford said.

If local residents have any ideas or insights about how the state's guardianship laws could be strengthened, Vermillion said she would like to hear from them as she continues her work with the legislative committees. She said she can be contacted by phone or text at 918-429-8328. Those calling should leave a message and she will get back to them, said Vermillion.

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Local woman on legislative committees for guardianships, long-term care