Sen. Irwin Celebrates Signing of Bills to Protect Property Rights of Vulnerable Individuals

Jul 24, 2026 | Press Release

LANSING, Mich. (July 23, 2026) — Today, Gov. Gretchen Whitmer signed Senate Bills 585–586 into law, bipartisan legislation to strengthen and protect the rights of individuals placed in guardianships during property or real estate sales. Sen. Jeff Irwin (D-Ann Arbor), sponsor of Senate Bill 585, has issued the following statement in response: 

“Vulnerable adults placed into guardianship deserve to have their rights protected. Once signed into law, my bill requires a professional appraisal before the sale of real estate owned by an adult placed in guardianship. This measure provides accountability and clarity, protecting the assets of people placed under guardianship.” 

This legislation protects the rights of individuals placed in guardianships by requiring a court to find that a change of residence is in the best interest of the person under guardianship and mandating professional appraisals be made before any real estate is sold.  

Source:
Sen. Irwin Celebrates Signing of Bills to Protect Property Rights of Vulnerable Individuals 

Bill to help financial institutions protect vulnerable adults signed into law

by Kimberly Querry-Thompson 

OKLAHOMA CITY (KOKH) — A measure that aims to help financial institutions protect the most vulnerable citizens from being exploited was signed into Oklahoma law.

Senate Bill 2067 is supposed to create stronger safeguards to help financial institutions identify, report, and prevent suspected financial exploitation of protected adults.

“This new law will give financial institutions clear processes to help protect vulnerable adults from increasingly common financial scams,” Sen. Jerry Alvord, R-Wilson, said. “Scammers frequently target older adults, convincing them to hand over funds needed to pay for necessities like medicine, food, and rent. With SB 2067 now law, financial institutions can act swiftly and responsibly to help prevent vulnerable Oklahomans from becoming victims of financial exploitation and losing their hard-earned savings.”

Lawmakers say existing laws limit institutions' ability to give appropriate agencies the information needed to act quickly.

However, this measure removes those barriers so employees can report suspicious transactions internally and notify appropriate agencies.

Banks or credit unions may place a temporary hold on the reported account or alert a trusted contact designated by the account holder. The measure provides immunity to criminal and civil liability to any employee or financial institution acting in good faith and in compliance with the provisions of this measure.

“I was happy to carry this 'makes sense' legislation,” Rep. Mark Lepak, R-Claremore, said. “Bad actors increasingly target and prey upon our older population. Oklahomans aged 60 and older lost more than $50 million to fraud in 2024 alone, a 66 percent increase over 2023. Nationally, adults over 60 reported nearly $4.9 billion in fraud losses in 2024, with average losses exceeding $83,000 per victim. Financial exploitation is a devastating crime– real people are losing their life savings, their independence, and their dignity to these criminals.” 

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Bill to help financial institutions protect vulnerable adults signed into law 

House, Senate pass law amending probate court procedures

by Alex Appel

A probate bill passed through both the House of Representatives and Senate on Tuesday, May 5. The bill, SB 400, or “An Act Concerning Probate Court Operations,” changes procedures for involuntary conservatorship hearings and expands the training requirements for new judges.

A conservatorship is a legal process in which a person is appointed to manage the financial or personal affairs of an adult.

The bill specifies that every party involved in a hearing for an involuntary conservatorship must be given at least ten days’ notice before a hearing.

Judge Beverly Streit, the probate court administrator for Connecticut, sent a written testimony for a public hearing.

“We appreciate the support of the Committee in clarifying the timing for conservatorship hearings,” Streit wrote. “The language of the bill seeks to more plainly state that notice of the hearing is sent to the parties not less than ten days before the hearing, and the hearing itself must be held not more than thirty days after receipt of the petition. In practice, this has always been a consistent application of the statute. The clarification proposed provides the same consistent approach to articulating the timing of notice and hearings.”

In her testimony, Streit proposed a minor tweak to language for technical purposes—which was made—but otherwise supported the bill. Her proposed change was implemented in the final version of the bill.

Usually, an adult enters a conservatorship if they are incapable of handling their own affairs, either due to age or various medical conditions. In many cases, a person enters a conservatorship voluntarily.

Most of the time, conservatorships are managed by family members. However, there are cases when a probate judge will appoint an attorney to manage a person’s affairs if they have no adult around them, or if they determine that the person’s current conservator should not have that responsibility.

For example, Inside Investigator found one case in the Norwalk Probate Court District where a man voluntarily entered a conservatorship and asked that Rachel Menti, a woman he was not related to, be his conservator. Later, he was admitted to a hospital and Menti allegedly lied and told staff that she was his daughter. After that, the man’s actual relatives filed a complaint with the probate court, and she was removed as his conservator. Then the judge assigned Kristin Exner to be his conservator.

Exner herself has a history of alleged misconduct, including selling a house owned by one of her conservatees to a man with whom she co-owned a real estate company. This transaction came to light in a lawsuit against her.

SB 400 would also allow probate court administrators to audit how a conservator manages the financial affairs of an estate. Previously, they were only able to monitor a conservator’s account.

The bill also adds a mentorship component to training for new judges, allows someone who is under a federal firearms disability restriction and lives outside Connecticut to petition the state to regain their firearm rights if they were removed because of an in-state adjudication or commitment, expands the jurisdiction of probate courts to include name changes for minors, and requires appeals of matters concerning a minor’s guardian or emancipation to be filed in the Superior Court for Juvenile Matters.

The rest of the bill proposes minor, often technical, changes to the operation of probate courts. It also dissolves a working group that was established by a 2025 law to make recommendations on guardian proceedings, policies, and procedures.

Only five members of the House of Representatives were absent or did not vote for the bill. Other than them, every state legislator voted in favor of the bill. If it is signed by Gov. Ned Lamont, every part of the bill will take effect on October 1, 2026, except for the firearms disability provision, which will be implemented on January 1, 2027. 

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House, Senate pass law amending probate court procedures 

Hos­pital dis­charge law con­cerns advoc­ates

by Sarah Volpen­hein

A bill passed by the Wis­con­sin Legis­lature will make it easier for hos­pit­als to dis­charge cer­tain patients deemed inca­pa­cit­ated to nurs­ing homes, free­ing up hos­pital beds that might oth­er­wise be tied up for weeks.

The bill, which Gov. Tony Evers signed into law on March 20, has the sup­port of hos­pital sys­tems that com­plain of long, costly delays in dis­char­ging patients who can no longer make med­ical decisions for them­selves and haven’t des­ig­nated someone to act on their behalf. At present, they remain in the hos­pital while await­ing court pro­ceed­ings to appoint a guard­ian.

“This legis­la­tion will help ensure patients can move more quickly to the most appro­pri­ate set­ting for their recov­ery, while also improv­ing hos­pital capa­city for those who need hos­pital care,” said Kyle O’Brien, pres­id­ent and chief exec­ut­ive of the Wis­con­sin Hos­pital Asso­ci­ation, a trade group rep­res­ent­ing hos­pit­als.

The legis­la­tion was opposed by dis­ab­il­ity and aging rights advoc­ates, who say it cir­cum­vents the guard­i­an­ship pro­cess, designed to pro­tect the rights of vul­ner­able indi­vidu­als, and could res­ult in patients becom­ing con­fined to insti­tu­tions against their will.

“The guard­i­an­ship pro­cess is com­plex for a reason,” Lisa Has­sen­stab, pub­lic policy man­ager at Dis­ab­il­ity Rights Wis­con­sin, said dur­ing a Novem­ber hear­ing on the bill. “That reason is due pro­cess.”

The Sen­ate voted 28-5 in favor of the legis­la­tion on March 17 dur­ing what could be the body’s last floor ses­sion for the year.

The bill passed the Assembly in Feb­ru­ary with bipar­tisan sup­port, fol­low­ing an amend­ment adding price trans­par­ency require­ments for hos­pit­als.

Health sys­tems engaged in heavy lob­by­ing for bill

The legis­la­tion received a major push from Wis­con­sin health sys­tems, hos­pit­als and industry trade groups, which col­lect­ively spent more than 400 hours lob­by­ing in favor of the bill, accord­ing to reports made to the Wis­con­sin Eth­ics Com­mis­sion.

Wis­con­sin hos­pit­als spend hun­dreds of mil­lions of dol­lars every year hous­ing patients who no longer need hos­pital care and are await­ing dis­charge or trans­fer to nurs­ing homes or other facil­it­ies. While the reas­ons behind

dis­charge delays are many, the bill addresses only the guard­i­an­ship issue.

It does not address other under­ly­ing causes, such as lim­ited bed avail­ab­il­ity at nurs­ing homes or the lack of med­ical facil­it­ies accept­ing com­plex patients.

Up until now, if phys­i­cians deemed a patient no longer able to make med­ical decisions for them­selves and they did not have a power of attor­ney, the hos­pital could not dis­charge the patient to a nurs­ing home until a guard­i­an­ship peti­tion was filed with a court, even when fam­ily mem­bers agreed to the trans­fer. Those pro­ceed­ings could take weeks or months, hos­pital offi­cials said.

The patient may be someone who had a stroke, suffered a trau­matic brain injury, or has demen­tia or another agere­lated dis­ease and lacks the abil­ity to man­age their own health care, whether tem­por­ar­ily or per­man­ently.

The new law removes the require­ment to file for guard­i­an­ship and allows a fam­ily mem­ber, called a patient rep­res­ent­at­ive, to agree to the patient’s admis­sion to a nurs­ing home, make health care decisions for them and approve health-related spend­ing.

Dis­ab­il­ity advoc­ates argue the legis­la­tion removes pro­tec­tions like court over­sight that come with the guard­i­an­ship pro­cess while also grant­ing a lot of the same author­ity as a guard­ian. They say the legis­la­tion does not require that the patient be noti­fied of the rep­res­ent­at­ive’s appoint­ment or of their rights to ask for a ree­valu­ation of their men­tal capa­city. Nor does it require the rep­res­ent­at­ive to con­sider the wishes of the patient, they say.

The legis­la­tion, they said, also lacks pro­tec­tions against an abuser or estranged rel­at­ive assum­ing the role.

“Often­times the per­son who is an abuser is the per­son who is really keep­ing an eye on the per­son in the hos­pital,” said Tami Jack­son, pub­lic policy ana­lyst and legis­lat­ive liaison with the Wis­conVon sin Board for People with Devel­op­mental Dis­ab­il­it­ies. “Some­body who gets picked under this bill ends up with a whole lot of author­ity.”

Under the new law, the patient or another fam­ily mem­ber may object to the nurs­ing home place­ment, if aware.

Any­one may ask a court to review the patient rep­res­ent­at­ive’s actions or may request a ree­valu­ation of the patient’s capa­city.

Exten­ded hos­pital stays can con­trib­ute to over­crowding

While pro­mot­ing the bill, health sys­tems argued that patients may miss out on cru­cial rehab­il­it­a­tion or other health care while wait­ing in the hos­pital for dis­charge. By remain­ing in the hos­pital, they also are at increased risk of hos­pital-acquired infec­tions or falls espe­cially dan­ger­ous for eld­erly patients.

From Janu­ary to Octo­ber 2025, Mayo Clinic Health Sys­tem coun­ted about 35 patients with exten­ded stays at its north­w­est Wis­con­sin hos­pit­als, Gina

Ruden, a Mayo senior nurse admin­is­trator, said at a Novem­ber hear­ing on the bill. At Mayo’s Eau Claire hos­pital, that added up to patients spend­ing a col­lect­ive 1,200 days in the hos­pital because of guard­i­an­ship delays, she said.

The exten­ded stays con­trib­ute to hos­pital over­crowding. Mayo Clinic has seen an influx of patients, Von Ruden said, ever since the abrupt clos­ure in 2024 of two area hos­pit­als by Hos­pital Sis­ters Health Sys­tem, a com­pet­ing health sys­tem.

When over­crowded, the Mayo hos­pital in Eau Claire has to board patients in the emer­gency depart­ment, Von Ruden said, where they may spend the rest of their hos­pital visit if no bed becomes avail­able on an inpa­tient floor.

“They might be in a hall­way in the emer­gency depart­ment or even in the ambu­lance bay when things get real tight,” Von Ruden said.

The bill has a three-year sun­set pro­vi­sion, which allows legis­lat­ors to check if the bill is work­ing as inten­ded before renew­ing it. 

Full Article & Source:
Hos­pital dis­charge law con­cerns advoc­ates 

Legislation could block elder abusers from inheriting money or property in Alabama

by Austin Pratt 

A new legislative proposal, House Bill 9, seeks to expand existing laws in Alabama to prevent individuals convicted of elder abuse, neglect, or financial exploitation from inheriting money or property from their victims.

The bill would apply to inheritance through wills, intestate succession, life insurance policies, and other contractual benefits.

Additionally, it would remove survivorship rights in jointly owned property, meaning abusers would not automatically gain full ownership after the victim's death. Property rights would pass to the next in line in the same way as if the abuser died before the victim.

The legislation aims to prevent individuals from profiting from harm done to elderly Alabamians by establishing financial consequences for criminal convictions in abuse or exploitation cases.

Courts would be able to apply these penalties following a criminal conviction or based on a judge's findings if no conviction exists.

HB9 has been referred to the Children and Senior Advocacy committee. If passed it would take effect on October 1, 2026.

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Legislation could block elder abusers from inheriting money or property in Alabama  

Minnesota law meant to help prevent financial exploitation of vulnerable adults now in effect

The law creates an expedited process to prevent someone from financially exploiting a vulnerable adult. 

Author: Ian Russell

MINNESOTA, USA — With the new year comes new laws in Minnesota, ranging from the workplace to farmers.

There's also a new law centered around protecting vulnerable adults from financial exploitation.

"This is putting the power in the hands of the victim or trusted contacts that are close to them to help protect them," Jill Sauber, a certified elder law attorney, said.

The law creates an expedited process by petitioning the court for an injunction.

"The court can order either an order for protection, injunctive relief, they can freeze assets," she said. "They can do all of that very, very quickly, which is not really possible in those other ways that we approach these cases."

Sauber says that would normally take longer, potentially involving an emergency conservatorship or protective order.

"Things that take days, even though it's an emergency hearing, and in that amount of time, just a few days, is enough time for the transaction to take place, the money to go out the door, and then we have nothing to try to recover," she said.

Sauber helped push for the law, based on a law in Florida. She says it also comes from her own work experience.

"I'm seeing more and more scams and exploitation in my practice," she said. "I think at least anecdotally, we all have."

State data from the Vulnerable Adult Protection Dashboard shows the number of allegations involving financial exploitation, whether fiduciary or not, increasing over the last several years.

This is meant for vulnerable adults over the age of 18, a group defined under state statutes.

"They require some care, either in a care facility, institution, group home," Sauber said. "Or they have some sort of mental or physical infirmity that makes it hard for them to protect themselves, so they are vulnerable."

Documents to file that petition are currently available on the Minnesota Courts website, and can be accessed here, at the bottom of the webpage.

"I think this is going to be a really important tool for people to step in on behalf of somebody they love or the victim themselves, and be able to take immediate action." 

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Minnesota law meant to help prevent financial exploitation of vulnerable adults now in effect 

State Senator from Ann Arbor helps push through bills to protect those under guardianship

By Kevin Meerschaert

Michigan State Senator Jeff Irwin (D-Ann Arbor)

The Michigan Senate has passed a pair of bills to prevent abuse of vulnerable people.

One of the bills was sponsored by Ann Arbor Democrat Jeff Irwin. It requires guardians to get an appraisal before selling the real estate of a person deemed unable to manage their own affairs.

Irwin says he’s heard too many stories of victims being taken advantage of.

“There’s been so many situations in Michigan where homes seem to be sold through fire sale rates and then quickly turned around and sold for more. And people under guardianship and their families deserve the same thing that we would demand on our own property before we would sell it.”

Irwin’s bill was partnered with one sponsored by Republican Ruth Johnson. It requires courts to determine that moving a person under guardianship and changing the permanent residence is in their best interests. 

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State Senator from Ann Arbor helps push through bills to protect those under guardianship 

Shevrin Jones files bill to crack down on elder fraud and exploitation

 by Andrew Powell

A Democratic lawmaker has filed new legislation designed to protect vulnerable Floridians from being victims of fraud and financial exploitation.

Miami Gardens Sen. Shevrin Jones filed the measure (SB 116). The bill would introduce safeguards to prevent title theft and any unauthorized conveyances by requiring additional steps during the verification process before a deed can be recorded. This would include the requirement to have two independent witnesses for any deed or conveyance of real property.

The witnesses would be required to be over the age of 18 and of sound mind. They cannot be party to the conveyance, and must have no financial interest in the conveyance. The measure would further impose a 72-hour “cooling-off” period before the recording of such documents.

Clerks of the Court would be included among those required to report suspected abuse, neglect or exploitation of vulnerable adults to the central abuse hotline.

Real property refers to land and anything attached to it, such as buildings or structures.

According to a report from the FBI, in 2023 the total losses reported to the agency’s Internet Crime Complaint Center by individuals over the age of 60 reached $3.4 billion, an increase of 11% over the previous year.

Florida ranked second in the nation for the number of complaints and reported losses, with older residents reporting losses of more than $180 million in various fraud schemes.

The legislation would allow elderly or vulnerable adults to designate a “trusted person” with the Clerk. The Clerk must notify that person before the end of the cooling-off period. If a trusted person objects to any transfer in writing, a second 72-hour delay would be triggered.

Any objections would then prompt a referral to a not-for-profit legal aid organization, who could launch an investigation into whether the deed was obtained through fraud or exploitation. The Clerk would be unable to record the deed until it is cleared through the legal aid group.

If fraud or exploitation is suspected, the Clerk or legal aid group would be required to refer the case to the State Attorney for investigation and possible prosecution.

The bill would require clerks to provide materials using plain language in their respective offices explaining the risks and protections put in place for older and vulnerable adults by Oct. 1, 2027. It would further reenact certain Florida Statutes to incorporate into training programs mandatory reporting requirements.

If passed, the bill would take effect on July 1, 2026. 

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Shevrin Jones files bill to crack down on elder fraud and exploitation 

Professor Nina Kohn Serves as Reporter for Two Uniform Acts

By Robert Conrad

College of Law Distinguished Professor Nina Kohn is helping to create “gold standard” legislation on some of the most important issues facing older adults and individuals with cognitive disabilities. Based on her legal expertise, including in the area of elder law, Kohn, the David M. Levy L’48 Professor of Law and newly named Distinguished Professor, has worked closely with the Uniform Law Commission (ULC) to create model legislation for the states.

Kohn has been selected not once, but twice, to serve as a reporter for the ULC. The first act she worked on with the ULC was the Uniform Guardianship, Conservatorship and Other Protective Arrangements Act (UGCOPPA), which the ULC describes as a “comprehensive guardianship statute for the 21^st century” that encourages person-centered guardianship reform, including promoting less restrictive alternatives to guardianship. The second act was the Uniform Health-Care Decision Act (UHCDA), a model law governing advance directives and healthcare decision-making for patients without surrogates.

Since joining the College of Law faculty in 2005, Kohn has been an active teacher and prolific scholar. Her research addresses a variety of legal topics associated with elder law, including age discrimination, family caregiving, elder abuse, and supported and surrogate decision making. She is also the author of the leading casebook on elder law. In addition, Kohn has taught on elder law, family law, trusts and estates, torts, and an interdisciplinary gerontology course. She has also served in a variety of public service roles for organizations such as the American Bar Association, the American Law Institute, and the Association of American Law Schools.

However, one of the highlights of her impressive career to date is being selected twice to be a reporter for the ULC, something she calls “the biggest compliment.”

“Being a reporter is part mediator and part editor, as you listen to and try to align the interests of diverse groups and commissioners,” says Kohn, noting that most states do not have the bandwidth to write this type of model law on their own. “Your function as a reporter is to enable a very deliberative, expert-informed, non-partisan approach that integrates various viewpoints and experiences into a model law that is as good as it can be.”

According to Kohn, the ULC model laws give states a solid, consistent starting point, which they may modify to suit their specific needs, budgets, or priorities. The details of the final laws are up to the individual state legislatures.

Kohn finds satisfaction in some recent successes in enacting the acts she has worked on. Consistent with the bipartisan nature of the acts, the UHCDA has been adopted into law in Delaware, a blue state, and Utah, a red state, in partisan efforts that will be beneficial to many. In addition, the UGCOPPA has been adopted in Maine, a blue state; the state of Washington, also a blue state; and Kansas, a red state.

She also believes that her expertise as a reporter has made her a better professor, as she is able to share with her students first-hand knowledge of cutting-edge legal debates and how the law is progressing on a state-by-state basis. Kohn reports that this work has also made her more sensitive about statutory drafting issues, and she has consequently spent more time in the classroom helping her students interpret, critique, and draft statutory language. She also says it has encouraged her to help students appreciate that even when people initially come at an issue from opposite viewpoints, there is often plenty of common ground to be discovered.

The work of a reporter can go on for years, but Kohn is prepared to stick with it in the hopes of seeing the two model laws enacted in as many states as possible.

“It’s hard to say ‘no’ when legislators are saying, ‘We’re interested in making our laws better. Can you help us?” she states. “It’s incredibly satisfying to be able to make a difference and see states improve their laws to make life better for families, patients, and health care providers. This process is an example of how we can work together in a partisan age, and it’s a source of pride to know that my work is helping to bridge differences and improve the law.” 

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Professor Nina Kohn Serves as Reporter for Two Uniform Acts 

LETTER: Nevada probate reform a step forward

by Poppy Helgren Henderson

Senate Bill 404 becoming law is certainly a step in the right direction (Thursday Review-Journal). For years outsiders were able to cash in dead people’s homes, not making a dime for the heirs. Unfortunately, these independent administrators were able to sell homes to their inside circle who would flip the houses for a higher price. Now there are new steps in the process to limit just who can have the authority to sell homes though probate court.

I hope that soon the Legislature also takes a careful look at guardianship. Statistics show that approximately 1.5 million adult Americans are under active guardianship. As long ago as 1987, Rep. Claude Pepper, a member of the House Select Committee on Aging, said that Congress had known since 1977 that the country’s guardianship structure was in need of intervention.

The takeaway is that for decades the same guardianship system has been alive and well. Billions of dollars of assets are under the control of guardians. Vulnerable people who have worked hard and saved their money, intending their families to have an inheritance, have had their assets diverted into the pockets of guardians and other players. We should not be surprised that the system, which is legally sanctioned, attracts predators who can charge heavy fees and “fire sale” off real estate and heirlooms.

It is imperative that our states and federal government, which purport to “protect” the vulnerable by guardianship, take a deep dive into what is going on. 

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LETTER: Nevada probate reform a step forward 

Rep. Thompson: Making Michigan a “Next of kin” state will protect families

Contact:  Jamie Thompson 

State Rep. Jamie Thompson this week outlined before a House committee why Michigan must become a “Next of kin” state for medical care to support families during life’s most difficult moments.

Under current law, when a person becomes incapacitated without a medical power of attorney in place, Michigan families are often left to navigate complex and time-consuming legal processes – including court petitions for guardianship – before they can make urgent medical decisions for a loved one. In some situations, these delays can have profound and tragic ramifications.

“When my father was gravely ill and passed away in 2023, my family experienced firsthand the emotional and legal challenges caused by the lack of a clear next of kin framework,” Thompson said. “Countless other families experience these same hurdles every year. It’s extremely important that we install clarity, support and peace of mind for people across our state in these situations when time is of the essence. Families should not be on the phone with an attorney or trying to get a court order when they only have days or hours left to spend with a loved one.”

Thompson’s bill is part of bipartisan plan that formulates a practical process for health care decisions when no advance directive is in place by establishing a patient surrogate through Next of kin. Next of kin traditionally means a closest living blood relative, but how that’s determined can often become a legal matter that can be drawn out instead of dictated clearly through family history.

Thompson was joined in testimony by Nicole Shannon, an attorney at the Michigan Elder Justice Initiative, and Elizabeth Kutter with the Michigan Hospital Association.

“Under this bill, one’s closest family member would have priority to serve as their medical decision maker if they single and have not signed a designation of patient advocate,” said Shannon. “Michiganders are still free and encouraged to execute patient advocate designations, but for the millions of people who have not signed these documents, this bill will provide an important default.” 

“These bills will be an effective way forward,” said Thompson, who is also a nurse. “Since I introduced this legislation, I have heard from numerous health professionals who are supportive of these plans, and they have reported to me that they would fill a critical gap in our laws. These are crucial reforms for Michigan families and our hardworking care providers.”

House Bill 4418, which Thompson has sponsored, and HB 4419 remain under consideration in the House Judiciary Committee. 

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Rep. Thompson: Making Michigan a “Next of kin” state will protect families 

Wyoming Senator Co-Sponsors Mental Health for Elderly Bill

A new bipartisan bill in Congress aims to make it easier for people on Medicare to access mental health services.

Wyoming Senator John Barrasso is one of the two sponsors. Senator Chris Coons, a Democrat from Delaware, is the other. The bipartisan legislation, called the Expanding Seniors Access to Mental Health Services Act, was introduced in Congress on May 15. The legislation would improve access to licensed clinical social workers for people on Medicare.

Senator Barrasso said in a statement last month that mental health services for seniors is vital. “For those living in rural communities, finding a mental health provider is challenging.” The senator said the bipartisan bill is designed to “help more patients get the care they need.”

According to the Kaiser Family Foundation, about one in every five Americans aged 65 and older reported having symptoms of anxiety and depression in February 2023. Many do not receive care.

Senator Coon said in a statement that the bill “fixes … rules and expands Medicare coverage to allow social workers to provide the best care to seniors when they need it most.”

The National Association of Social Workers supports the bill.

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Wyoming Senator Co-Sponsors Mental Health for Elderly Bill 

Tennessee General Assembly creates conservatorship management task force through new legislation

This article was created by AI using a key topic of the bill. It summarizes the key points discussed, but for full details and context, please refer to the full bill. Link to Bill

On April 21, 2025, the Tennessee State Legislature introduced House Bill 634, a significant piece of legislation aimed at reforming the state's conservatorship system. This bill seeks to address growing concerns about the management and oversight of conservatorships, which are legal arrangements designed to protect individuals who are unable to manage their own affairs due to age, disability, or mental health issues.

At the heart of House Bill 634 is the establishment of a Conservatorship Management Task Force. This task force will consist of nine members, including key state commissioners and public representatives, tasked with evaluating and improving the current conservatorship framework. The inclusion of diverse stakeholders, such as a member of the judiciary experienced in probate matters and a representative from the Conservatorship Association of Tennessee, underscores the bill's commitment to a comprehensive review of the system.

 

The bill comes in response to increasing public scrutiny over conservatorship practices, particularly following high-profile cases that have raised questions about the adequacy of oversight and the potential for abuse. Advocates for reform argue that the current system lacks transparency and accountability, which can lead to the exploitation of vulnerable individuals. By creating a dedicated task force, House Bill 634 aims to ensure that conservatorships are managed in a way that prioritizes the well-being and rights of those under guardianship.

Debate surrounding the bill has highlighted differing perspectives on the necessity and scope of reform. Supporters emphasize the need for stronger protections and oversight mechanisms, while some critics express concerns about the potential for increased bureaucracy and the implications for families navigating the conservatorship process. Amendments to the bill may be proposed as discussions continue, reflecting the complexities of balancing protection with personal autonomy.

The implications of House Bill 634 extend beyond legal reform; they touch on broader social issues related to elder care and disability rights. Experts suggest that enhancing the conservatorship system could lead to better outcomes for individuals who require assistance, ultimately fostering a more supportive environment for Tennessee's most vulnerable residents.

As the bill progresses through the legislative process, its potential to reshape conservatorship practices in Tennessee remains a focal point for community advocates and policymakers alike. The task force's findings and recommendations could pave the way for significant changes that prioritize the dignity and rights of individuals in conservatorship arrangements, marking a pivotal moment in the state's approach to guardianship.

Converted from House Bill 634 bill
Link to Bill

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Tennessee General Assembly creates conservatorship management task force through new legislation

North Dakota House passes bill to create Office of Guardianship and Conservatorship

The office will license and maintain a registry of professional guardians and conservators, set regulations and policies, oversee legal and disciplinary actions, and manage state funding.

By Grant Coursey

BISMARCK — The North Dakota House of Representatives overwhelmingly voted Monday, April 21, to create an Office of Guardianship and Conservatorship.

Senate Bill 2029 passed the House with a 92-1 vote. It previously passed the Senate with a much narrower 24-23 vote.

Amendments in the House would make the proposed office an independent entity, while the version passed by the Senate would have had the office under the judiciary branch budget.

Making the office an independent entity addresses concerns raised in the Senate that housing the Office of Guardianship and Conservatorship under the Judicial branch could create a conflict of interest. Guardians and conservators are appointed to cases by the courts, and their primary function is to work with the courts.

Existing guardianship and conservatorship programs will stay under the agencies that currently manage them until they can eventually be moved under the new office. The deadline for those programs to be moved under is April 1, 2026, according to testimony from Rep. Karla Rose Hanson, D-Fargo, in the House Appropriations Committee.

Otherwise, the purpose of the office remains largely the same as laid out in the Senate version of the bill. The office will license and maintain a registry of professional guardians and conservators, set regulations and policies, oversee legal and disciplinary actions, and manage state funding for guardianship and conservatorship programs.

Supporters of the bill say reform for guardianships and conservatorships has been a long time coming, and the bill will provide much-needed oversight and accountability for guardianships and conservatorships. They say it will hopefully work to solve the shortage of guardians and conservators in the state.

Opponents of the bill have said it will hamper existing guardians and conservators with unnecessary hoops to jump through and that adequate oversight already exists.

The bill will now return to the Senate for a vote of concurrence before it can be sent to the governor.

Full Article & Source:
North Dakota House passes bill to create Office of Guardianship and Conservatorship

Governor Signs Supported Decision-Making Act

Submitted by Carol A. Clark  

 

ALTSD News:

SANTA FE — New Mexicans with disabilities and older adults are one step closer to having greater autonomy in their decision-making after the governor signed SB 535 into law last week. 

SB 535, an omnibus bill addressing various public health, safety and welfare measures, includes the Supported Decision-Making Act, which will establish a new program within the Office of Guardianship dedicated towards supported decision-making agreements, an alternative to adult guardianship. The New Mexico Aging and Long-Term Services Department (ALTSD) will collaborate closely with the Office of Guardianship to connect interested New Mexicans with supported decision-making resources. 

“Providing more pathways to autonomy and self-determination strengthens our communities,” Emily Kaltenbach, ALTSD Cabinet Secretary said. “This legislation will help ensure that those who need it have the necessary support to make informed decisions while maintaining their independence and dignity.” 

Currently, more than half of U.S. states, including Texas, Colorado and Arizona, have adopted supported decision-making as a legal alternative to guardianship. While several other legal avenues provide a named supporter, the supported decision-making framework allows individuals to retain full decision-making authority while receiving that assistance.  

“Too often people with disabilities do not have a voice when making decisions, which prevents them from learning necessary skills and gaining freewill,” said Vashad Frink, disability rights advocate and supported decision-making ambassador. “The Supported Decision-Making Act will help ensure people with disabilities like me have the same rights and respect as everyone else.” 

The ALTSD and the Office of Guardianship extend their gratitude to the bill sponsors, legislative supporters, and community partners who worked to advance this vital legislation. Their commitment ensures that more New Mexicans will have the support they need to lead independent, self-determined lives. 

For more information about the Office of Guardianship, visit nmddpc.com/guardianship_program. 

Full Article & Source:
Governor Signs Supported Decision-Making Act

Bill addresses decision-making for Ohioans with developmental disabilities

by: Ava Boldizar

COLUMBUS, Ohio (WCMH) – A bill in the Ohio Statehouse seeks to establish a presumption that all adults with developmental disabilities are capable of making their own decisions unless otherwise determined by a court. 

Senate Bill 35, sponsored by Sens. Michele Reynolds (R-Franklin County) and Jerry Cirino (R-Kirtland), was introduced in January. Along with declaring that adults with developmental disabilities should be presumed capable of managing their affairs, the bill would legally establish a “less restrictive” alternative to guardianship, called “supported decision making” (SDM), according to Reynolds. 

SDM allows individuals with developmental disabilities to retain their legal decision making authority while receiving support from chosen advisers who can help them understand, make and communicate their decisions. The bill would allow the advisors to be formally chosen through a written plan, or chosen informally.

In a guardianship, a family member or other entity is in charge of an individual’s affairs and ultimately makes decisions for them, when a court finds that person is incapable of making their own decisions due to a mental disability, according to the nonprofit Disability Rights Ohio.

“This legislation addresses a significant need in our current system,” Reynolds said at the bill’s first hearing in February. “Many adults with developmental disabilities find that full guardianship is more restrictive than necessary, while complete independence may not provide adequate support.”

Under the bill, entering into a SDM plan could not be used as grounds for a court to find that an adult is incapable of managing their own affairs. Adults with developmental disabilities who use a SDM plan would be allowed to act independently of their advisors and end the plan at any time. The bill additionally clarifies that adults with developmental disabilities could not be forced into a SDM plan.

Reynolds said that the approach recognizes that “disability exists on a spectrum” and that many adults with developmental disabilities are capable of making their own decisions. Twenty-three states have enacted similar legislation, according to the lawmakers.

“Supported decision making protects adults with developmental disabilities from exploitation because they maintain control over their own lives and decisions,” Cirino said.

If the bill were to pass, the Ohio Department of Developmental Disabilities would develop example SDM plans and educational materials. 

The bill had its second hearing earlier this month, where 13 entities testified in support of the legislation, including the Down Syndrome Association of Central Ohio and the Ohio Association of County Boards of Developmental Disabilities (OACB).

“Unfortunately, in many instances, guardianship represents an all-or-nothing decision for the courts to make when they are asked to balance a person’s health and safety with their ability to make decisions about their own future,” said Jake Dowling, a legislative affairs manager with OACB. “Supported decision making offers a middle path that preserves both.”

Greg Carter, the parent and legal guardian of an adult with developmental disabilities, told NBC4 he questions how the legislation would affect those currently under a guardianship arrangement.

“A parent who has been a part of their child’s life all along should not have to jump through any hoops to continue in the role of decision maker for their loved one simply because the calendar turns a page,” Carter said. “I question the motivation and need for a [policy] such as this.”

While a hearing for opponent testimony has not yet been held for the legislation, some critics of the concept have come out against a recently introduced budget bill including language that would codify SDM in Ohio law.

Caroline Lahrmann, an Ohio mother, testified against the budget bill (HB 96) saying those with developmental disabilities can already have friends and family assist them with decision making without new legislation. Harris Capps, a parent and legal guardian, echoed the same sentiment, calling sections of the bill addressing SDM “unnecessary” and “redundant.”

“SDM as policy could result in a degradation of Ohio’s guardianship system while providing more opportunities for frivolous lawsuits,” Capps said.

Current Ohio law requires those with developmental disabilities to be able to manage their financial affairs if they are able, participate in decisions that affect their lives, and select a parent or advocate to act on their behalf.

Cirino introduced a similar bill in the last General Assembly that did not pass before the end of the legislative session. SB 35 was assigned to the Senate Judiciary Committee and currently has one Republican cosponsor. 

Full Article & Source:
Bill addresses decision-making for Ohioans with developmental disabilities

Bill would fight scammers targeting vulnerable Florida seniors

By Margie Menzel

A bill is moving in the Florida Senate that would add a new way to serve bad actors who scam vulnerable adults -- via the online means by which they contacted their victims.

In 2023, people over the age of 60 lost more than $3.4 billion to financial exploitation. That’s according to the Federal Bureau of Investigation.

Elder law attorney Shannon Miller says sometimes the losses can be significant. She points to the story of a widow who was recently the victim of a scam.

“She went on Millionaire Match, and she met a gentleman who told her his name was Tom and he had a very good gold and diamond business," Miller said. "And if she would simply pay the bond to release his gold and diamonds, then he would be able to come to Florida, sweep her off her feet and they would live happily ever after.”

Miller says the woman had given the scammer, Tom, $2 million before her sons learned of the situation and tried to intervene. By then she had sent Tom cashier’s checks totaling $500,000 more.

“Her sons knew about it," Miller said. "We filed an emergency temporary guardianship with the court because we didn’t have the option of an exploitation injunction. Because we didn’t know who Tom was. So, we filed the emergency guardianship proceedings. We get the court orders. The bank is holding the assets as long as they can because they know it’s fraud. But they’re limited as far as how long they can hold these assets.”

By the time the court order got to the bank, telling them to keep freezing the assets, the money had already left the bank. The widow had lost a total of $2.5 million.

Fort Myers Republican Senator Jonathan Martin is sponsoring a bill he hopes would help in such cases.

“Unfortunately, the stories of seniors losing their life savings to exploiters -- even after friends and family have become aware of the theft but the money is gone, there’s no chance of recovery -- that continues to happen in the state," he said. "This allows an injunction to be filed that would prevent any additional assets from being stolen by freezing assets, even allowing a freeze of the exploiter’s assets.”

In 2018, lawmakers approved a measure that allowed an exploited person or a family member to go to the clerk of courts and file an injunction to freeze their assets. No attorney or filing fee is required. The Legislature strengthened the protections in 2021, criminalizing undue influence.

Martin says the current laws have been successful against known exploiters.

“But scammers escape the law by virtue of their anonymity," he said. "This allows an injunction to be filed and the exploiters to be served within 15 days.”

Martin’s bill would create the ability to serve someone such as Tom, who can’t be identified and sent a legal notice in the mail. It’s usually someone in a social media application or electronic mail program. And the only way to serve them is via the app that protects their identity.

Sanford Republican Senator Jason Brodeur noted that Florida lawmakers see their fair share of elder abuse in the course of their work.

“And it’s disgusting, preying on the most vulnerable," Brodeur said. "And in 2025, it is silly to think that the only way you can serve someone is through certified mail.”

According to the bill analysis, financial exploitation of the elderly is a growing problem, up 11 percent from 2022.

Full Article & Source:
Bill would fight scammers targeting vulnerable Florida seniors

Arizona House Passes HB2079 to Reform Guardianship System for Minors

By Aisha Khan

In a move hailed as a win for children's rights in Arizona, the House of Representatives has passed HB2079, a bill aimed at improving the guardianship system for minors.

Authored by Representative Walt Blackman, the legislation seeks to streamline guardianship procedures, cut through bureaucratic red tape, and ensure that the decisions made are focused on the best interests of the child involved.

The success of the bill in the House was bolstered by bipartisan support, as lawmakers and child advocacy groups look to fundamentally alter the guardian appointment process to more swiftly and fairly address the needs of children without parental support.

The proposed changes would allow 16- and 17-year-olds better access to guardianship and enable courts to more easily extend temporary guardianships where necessary, in an effort to provide stable homes for children facing complex or unstable family situations.

According to the press release from the Arizona House of Representatives, Representative Blackman commented on the bill's intention, stating, "This bill is about one thing and one thing only: putting kids first. We won’t let politics or outdated legal hurdles prevent children from getting the care and stability they need." The bill also stipulates due diligence in finding a child’s living parent, while stressing the importance of a stable environment over procedural delays.

Advocates for children have long highlighted the need for legal reforms that prioritize the interests of minors over cumbersome legalities. HB2079 addresses these concerns by granting greater agency to minors 16 and older in guardianship decisions, particularly those not currently involved in an open dependency case. Representative Blackman added, "For too long, kids in Arizona have fallen through the cracks because of slow-moving legal procedures and unnecessary court delays." He emphasized the importance of being proactive in safeguarding the well-being of vulnerable youth.

Full Article & Source:
Arizona House Passes HB2079 to Reform Guardianship System for Minors

North Dakota Senate votes to create an Office of Guardianship and Conservatorship

Senate Bill 2029 still needs to pass the House and receive the governor’s signature before becoming law.

Sen. Paul Thomas, R-Velva, speaks on Senate Bill 2029, related to guardianship and conservatorship, at the North Dakota state Capitol on Friday, Feb. 21, 2025.Tom Stromme / The Bismarck Tribune

By Grant Coursey

BISMARCK — The North Dakota Senate on Friday narrowly passed a bill to create an Office of Guardianship and Conservatorship.

Senate Bill 2029 still needs to pass the House and receive the governor’s signature before becoming law.

The bill would create an Office of Guardianship and Conservatorship with broad powers to oversee such matters statewide. The office would license and maintain a registry of professional guardians and conservators, set regulations and policies, oversee legal and disciplinary actions, and manage state funding for guardianship and conservatorship programs. The North Dakota Supreme Court would create a committee to supervise the office.

After amendments in both the Senate Judiciary Committee and Senate Appropriations Committee, the bill appropriates just over $15 million to pay for the OGC for the 2025-27 biennium.

The bill was brought forward as the result of an interim committee on the subject and would overhaul the way guardianships and conservatorships are overseen, something supporters say the Judiciary has been working toward for more than a decade.

Supporters of the bill say it would address the “lack of accountability and cohesiveness of guardianship programs and funding” in the state and address the state’s shortage of guardians and conservators.

Opponents of the bill are concerned that having the Judiciary oversee the OGC, when guardians and conservators are appointed to cases by the courts and their primary function is to work with the courts, would create a conflict of interest. They say the office would be better placed under the department of Health and Human Services and say the OGC is “overkill” because there are already mechanisms in place to hold guardians and conservators accountable

The bill received recommendations to pass from both the Senate Judiciary Committee and the Senate Appropriations Committee and passed the floor with a vote of 24-23.

Full Article & Source:
North Dakota Senate votes to create an Office of Guardianship and Conservatorship

House panel OKs the use of ‘granny cams’ in long term care facilities

By: Christine Sexton

“Granny cams” may be coming to Florida nursing homes.

A House panel on Thursday overwhelmingly voted to approve a bill (HB 223) that would allow long term care facility residents to install electronic recording devices as long as they are willing to foot the bill for installation, removal, and the internet needed to run them.

Nursing home residents who share rooms would have to secure permission from their roommates to use the cameras. Consenting roommates are allowed to put restrictions on camera use and require that the camera be pointed away or prohibit use of specific devices.

If a roommate doesn’t agree, the legislation would require a facility to make accommodations by moving one of the residents to another room.

“If you look at the news lately, you’ll see and you’ll find whether there’s a lot of issues happening that people catch on cameras that they otherwise would would not. And they’re horrific scenes happening to people who are elderly, who can’t take care of themselves, and who, even if they could say what happened, people wouldn’t believe it, because maybe they have dementia or Alzheimer’s or something that would cause someone to not believe what they are saying,” bill sponsor Rep. Susan Plasecia, a Republican representing part of Orange and Seminole counties, told members of the House Health Care Facilities & Systems Subcommittee Thursday.

“And so for me, it’s important to speak for them and that’s what brought me here.”

Nineteen states allow camera use in nursing homes, Plasencia said. Florida law, though, is silent on whether electronic recording devices can be used. That means facilities decide whether to allow them.

Plasencia said her bill protects the public and puts “guardrails” into statutes outlining what can and cannot be done.

The vote to advance the bill came over objections of Florida’s long term care industry.

We know that nursing home and assisted living facility cameras help with deterring abuse and neglect and also help with identifying where there can be improvements made to a loved one's care.

– AARP Florida Associate State Director of Advocacy Karen Murillo

Jen Lawrence, chief nursing officer at Aston Health and a member of the statewide nursing home association, the Florida Health Care Association, said lots of personal things happen in residents’ rooms, including bathing and grooming, psychiatric visits, and meetings with clergy. The cameras, she said, will capture it all.

Moreover, she expressed concerns that the resident’s family or guardian would be responsible for ensuring the roommate’s privacy is protected. “This is a family member of a roommate. How do we trust those folks in controlling what is being videotaped and recorded?” Lawrence asked.

Maryellen Lalor with the group Protect Florida Seniors testified for the bill, sharing the story of her husband who lived in a nursing home for more than 2 1/2 years before dying. She tried to sneak a camera into her husband’s room after he was admitted but the facility found it and made her remove it. She said she never complained out of fear of retaliation against her husband, knowing he would reside in the facility until he died.

Lalor countered Lawrence’s testimony by telling the subcommittee members that nursing home residents in semi-private rooms don’t enjoy the privacy that people think they might.

“As far as confidentiality, when you’re in a semi-private room and they’re going to do personal care to the other person, the curtain is pulled. When you are meeting with a psychologist or therapist, that person goes right in. The other [resident] can hear, okay? So as far as the concern about hearing other people, everything is exposed.”

FHCA wasn’t the only long term care association to flag concerns. Florida Assisted Living Association CEO Bijou Ikli and Florida Senior Living Association vice president for Public Policy and legal Affairs Jason Hand also expressed concerns.

But Karen Murillo, AARP Florida’s state director for advocacy, argued the bill would improve safety and keep the family members abreast of the care being provided to their loved ones.

“We know that nursing home and assisted living facility cameras help with deterring abuse and neglect and also help with identifying where there can be improvements made to a loved one’s care. AARP is a big advocate of family caregivers, especially those who are far away, and these cameras will provide peace of mind and the ability for family caregivers to be advocates, present, and part of their loved ones’ care,” Murillo said.

Spike in abuse reports

The legislation comes a year after the Tampa Bay Times reported a spike in allegations of serious violations against Florida nursing homes — between 2019 and 2022, nearly double the reports during the previous six years.

The Times’ reporting showed that in 2022, nursing homes were cited 83 times for putting older adult residents at risk of immediate danger. 

Looking ahead

Several of the committee members asked about privacy, how often the agreements between roommates could be altered, who would enforce the agreements, and whether long term care facility staff could access the images being captured.

Rep. Hillary Cassel, a Republican from Fort Lauderdale, worried about how visitors, some of whom could suffer from dementia or have vision problems, would know video cameras were being used in the room.

Plasencia committed to continuing to work with members to address their concerns. Reps. Daryl Campbell, a Democrat from Fort Lauderdale, and Gallop Franklin, a Democrat from Tallahassee, voted against the bill.

HB 223 has two more committee stops (Judiciary and Health and Human Services) before it can be heard on the floor.

A companion bill (SB 64) was filed by Republican Sen. Illeana Garcia. It has been referenced to three Senate committees (Health Policy, Judiciary, and Rules) but has yet to be considered.

Full Article & Source:
House panel OKs the use of ‘granny cams’ in long term care facilities