Baker and Haywood announce guardianship legislation

Sen. Lisa Baker

By Bill O’Boyle

WILKES-BARRE — State Sen. Lisa Baker, R-Lehman Township, Sen. Art Haywood, D-Montgomery/Philadelphia, have jointly sponsored legislation that will strengthen guardianship laws in Pennsylvania.

Senators Baker and Haywood introduced the bi-partisan legislation, Senate Bill 1333, which has been unanimously advanced by the Senate Judiciary Committee.

“The Senate Judiciary Committee overwhelmingly passed Senate Bill 1333, legislation that I have been pleased to work on with Sen. Haywood,” said Sen. Baker, who serves as chair of the committee. “We hear all too often of guardianships resulting in unintended exploitation of individuals. This measure takes a positive step forward to better protect this vulnerable population from abuse.”

Sen. Art Haywood

When a court determines that an adult is incapacitated, it appoints a professional or family guardian, who is responsible for making certain decisions on the adult’s behalf, either fully, or in a limited capacity. After the court transfers legal responsibilities, the guardian can make financial, medical, and personal decisions that the adult is unable to make for themselves.

In October 2019, three court-appointed guardians embezzled more than $1 million from 108 victims in six Pennsylvania counties. With over 19,000 active guardianships in the state, this bill will prevent fraud, abuse, and exploitation, and increase representation for Pennsylvanians.

The new legislation proposes the following:

• Appoints counsel for incapacitated persons without representation.

• Requires certification for professional guardians.

• Advises courts to first explore alternatives to guardianship.

• Requires that petitions for guardianship demonstrate that less restrictive alternatives were considered, but they were insufficient.

Sen. Haywood said, “This legislation remedies the practices that lead to theft.”

While guardianship can be an appropriate tool to support individuals who cannot make decisions themselves, the senators said it should be limited and used only as a last resort.

Alternatives to guardianship include habilitation programs, representative payees managing public benefits, and family or friends serving as health care representatives. These pathways can be equally effective, less expensive, and more emotionally safe, they said.

Senate Bill 1333 has advanced to the full Senate for consideration.  (Continue reading)

Full Article & Source:
Baker and Haywood announce guardianship legislation