By Iolene Brown, Jorja Armijo-brasher, Karen Duprey, David Heeter, Lorraine Mendiola, Marji Messer, Emily Darnell Nunez And Reina Romero / Members, N.M. Family Guardianship Conservatorship Coalition
The governor stated in her March 20 press release “if you are in a position of caring for a developmentally disabled adult and you abuse that responsibility, take note, because we are coming for you. We are using every tool at our disposal to protect these vulnerable individuals and to make sure that incidents of abuse, neglect and exploitation do not happen ever again in our state.”
We implore Lujan Grisham to take action to investigate and address predatory guardians, conservators, guardian ad litems, attorneys and judges who violate an individual’s human, civil and financial rights. Incidents of neglect and exploitation are occurring in court-appointed guardianships with elderly and disabled individuals. These populations are already susceptible to exploitation because of their vulnerability and the subsequent isolation after a court-ordered guardianship is put in place. All New Mexicans deserve to be protected from abusive perpetrators.
The Department of Health rewrote its Rules and Regulations Policy to include boarding homes to be licensed and monitored by this agency; however, we found out through an IPRA request only three boarding homes in the entire state have been licensed by DOH. What happens to those individuals who are living in unlicensed boarding homes? Who is protecting these individuals who may live in horrific conditions such as bed-bug infestations, lack of nourishing food or being physically or sexually assaulted?
In some cases the guardian uses their power to keep families and friends away from the protected person. The nursing home rules state they welcome and encourage visits, but a bad guardian can make the situation very difficult.
How are elderly individuals being treated in nursing homes? Do they have any type of activity to stimulate their body and brain? Do they have the opportunity to socialize with other residents, family and friends? Or are they being drugged so they are easier to manage and compliant with staff?
These are horrible incidents to discuss, however, they are happening daily to too many vulnerable New Mexicans. Everyone will experience getting older; it’s a fact of life. Mental illness is not a character flaw; it’s a disease. Developmentally disabled people exist. All people deserve to be treated with respect, empathy and a sense of protection. Families are critical partners in the lives of the most vulnerable, however, the guardianship system rarely allows families to be involved.
It’s time for all three branches of government – the executive in Gov. Lujan Grisham, the legislative in the N.M. Legislature and the judiciary in our courts – to work together to ensure all vulnerable New Mexicans retain their human and civil rights along with their financial status. Accountability and oversight could provide preventative measures by all state agencies involved with guardianships. The state of New Mexico could also begin by exposing current guardianship practices that disregard the individual’s documented wishes; promote isolation from families, friends and their established communities; and squander resources when the individual and family members are at their most vulnerable.
The N.M. Family Guardianship Conservatorship Coalition is willing to work with Gov. Lujan Grisham and any state agency on this important issue to ensure all vulnerable New Mexicans receive the needed services and protection from corrupt and exploitative predators. In the words of Ghandi “a nation’s greatness is measured by how it treats its weakest members.”
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All vulnerable New Mexicans must be protected
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