New GAO Report on Guardianship: "ELDER ABUSE: The Extent of Abuse by Guardians is Unknown, but Some Measures Exist to Help Protect Older Adults"

The extent of elder abuse by guardians nationally is unknown due to limited data on key factors related to elder abuse by a guardian, such as the numbers of guardians serving older adults, older adults in guardianships, and cases of elder abuse by a guardian. Court officials from six selected states GAO spoke to noted various data limitations that prevent them from being able to provide reliable figures about elder abuse by guardians, including incomplete information about the ages of individuals with guardians. Officials from selected courts and representatives from organizations GAO spoke to described their observations about elder abuse by a guardian, including that one of the most common types appeared to be financial exploitation. Some efforts are under way to try to collect better data on elder abuse and guardianship at the federal, state, and local levels to support decision making and help prevent and address elder abuse by guardians. For example, the Department of Health and Human Services (HHS) plans to launch the National Adult Maltreatment Reporting System—a national reporting system based on data from state Adult Protective Services (APS) agency information systems by early 2017. According to HHS and its contractor, this system has the capability to collect information that could specifically help identify cases of elder abuse where a guardian was involved. GAO also identified state and local initiatives to capture key data points and complaint data as well as identify “red flags” such as unusually high guardian fees or excessive vehicle or dining expenses.

The federal government does not regulate or directly support guardianship, but federal agencies may provide indirect support to state guardianship programs by providing funding for efforts to share best practices and facilitate improved coordination, as well as by sharing information that state and local entities can use related to guardianship. State and local courts have primary responsibility over the guardianship process and, as such, have a role in protecting older adults with guardians from abuse, neglect, and exploitation. Measures taken by selected states to help protect older adults with guardians vary but generally include screening, education, monitoring, and enforcement.

What the GAO Found: ELDER ABUSE:  The Extent of Abuse by Guardians is Unknown, but Some Measures Exist to Help Protect Older Adults

Read the GAO's report:  ELDER ABUSE:  The Extent of Abuse by Guardians is Unknown, but Some Measures Exist to Help Protect Older Adults

Watch the Senate Special Committee on Aging Hearing: "Trust Betrayed: Financial Abuse of Older Americans by Guardians and Others in Power" 

Abuse of the Elderly by Guardians Often Takes the Form of Financial Exploitation

When guardians harm the elderly person they're looking after, they often do it by targeting the victim's wealth, according to a federal report released on Wednesday.

The Government Accountability Office study cited eight cases in six states involving elder abuse by a guardian. Each of them involved financial ripoffs. Penalties and restitution ordered by courts ranged from $20,000 to $160,000.

“Officials from selected courts and representatives from organizations GAO spoke to described their observations about elder abuse by a guardian, including that one of the most common types appeared to be financial exploitation,” the GAO report states. “A prosecutor in one of the states we spoke to shared her observation that the majority of financial exploitation by professional guardians is done through overcharging for services that were either not necessary or were never performed.”

“Guardians should be protecting seniors, not stealing from them,” said Sen. Susan Collins, R-Maine and chairman of the Senate Aging Committee. The GAO study was released at a panel hearing on Wednesday.

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Abuse of the Elderly by Guardians Often Takes the Form of Financial Exploitation

Press Release: Senator McCaskill Protecting Missouri Seniors

WASHINGTON –- U.S. Senator Claire McCaskill is continuing her bipartisan push to ensure that Missouri seniors are protected from neglect and abuse by legal guardians, enlisting the help of a witness from southwest Missouri. Jessica Kruse, from Ozarks Elder Law in Springfield, Missouri will testify at a McCaskill hearing on Wednesday focusing on preventing abuse by individuals who are court-appointed guardians.

Ms. Kruse will also discuss some of the challenges that local law enforcement and prosecutors in Missouri face when attempting to combat elder financial abuse. The hearing will take place in the Senate Aging Committee, which is led by McCaskill and Republican Senator Susan Collins of Maine.

Last year McCaskill asked the Government Accountability Office (GAO) to update a report it issued in 2010 which found examples of serious abuse, particularly by individuals who make their livings as professional guardians. In conjunction with the hearing, GAO will publicly release its report titled “Elder Abuse: The Extent of Abuse by Guardians Is Unknown, but Some Measures Exist to Help Protect Older Adults.”

Senate Aging Committee Hearing: “Trust Betrayed: Financial Abuse of Older Americans by Guardians and Others in Power”
WEDNESDAY, November 30
1:30 p.m. CT, Dirksen Senate Office Building 562

Witnesses for the hearing will also include Kathryn Larin, Acting Director; Forensic Audit and Investigative Services Team, Government Accountability Office; Cate Boyko, Manager of the Minnesota Conservator Account Auditing Program; Jaye Martin, Main Legal Services for the Elderly.

Source:
Press Release:  Senator McCaskill Protecting Missouri Seniors