by Craig Mauger
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A bipartisan group of senators is working on the new six bills that would require courts to obtain a physician or mental health professional’s assessment of an individual prior to appointing a guardian and would stipulate professional guardians be certified.
In Michigan, a court can appoint a guardian to supervise a person who loses the ability to take care of themselves. The professional guardian can manage a ward's finances, health care and other requirements of day-to-day living.
However, an 18-month Detroit News investigation, which debuted March 15, found there were no education, training or certification requirements for guardians and the legal framework was so devoid of protections that egregious financial conduct by guardians or conservators often was perfectly legal.
"This should not be happening in America, but it is happening every day in Michigan,” state Sen. Ruth Johnson, R-Holly, said. “Our current system is ripe for abuse, and there is not enough accountability or oversight.
"We’ve heard from too many victims and family members that reforms are badly needed.”
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| State Sen. Ruth Johnson has been pressing for guardianship reform legislation. David Guralnick, The Detroit News |
The News investigation showed guardians routinely placed elderly adults in care facilities and sold off their homes and possessions. One woman, Roberta Asplund of Ann Arbor, a retired public health nurse, had unsuccessfully sought to free herself from guardianship after she suffered a brain aneurysm in 2017.
In their announcement Thursday, Michigan lawmakers cited the reporting from The News and said they wanted to bring transparency to the state's guardianship system.
Their bills would require judges to explain specific reasons for appointing an unrelated professional guardian rather than a family member to oversee an individual’s care, according to a press release. Courts would also need to make video recordings of public court proceedings available.
The bills will be formally introduced and full details will become available when lawmakers return from a two-week spring break in April.
Tina Lindsay of Livonia, who became an activist for other families after successfully challenging guardianship for her father, hailed the reform effort Thursday.
"I really am hoping that this changes a lot of things for families," she told The News.
"I think the most important part of this legislation is that families are not kept away from their loved ones. And I hope before someone’s rights are taken away, they have an opportunity to be seen by a doctor because in a lot of these cases, these people are deemed incapacitated and they're not even seen.”
Sen. Paul Wojno, D-Warren, one of the sponsors of the package, said he wanted to ensure people's rights were protected.
"There is currently not enough oversight of guardians or conservators who manage the care and finances of thousands of Michigan seniors and other residents who might need some additional help, and we’ve seen multiple reports and heard directly from victims that the current system isn’t always working to protect them," Wojno said.
The bills are expected to be sent to the Senate Civil Rights, Judiciary, and Public Safety Committee for consideration. The panel is chaired by Sen. Stephanie Chang, D-Detroit, who is a co-sponsor.
The bills incorporate recommendations from Attorney General Dana Nessel’s Elder Abuse Task Force, which launched in 2019. The task force aimed to improve protections for wards when professional guardians sought to remove them from their homes and boost standards for medical reports that are used in guardianship hearings.
A related package of bills stalled in the Senate last session.
Full Article & Source:
Michigan lawmakers seek new protections for guardian safety net
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