Montana House bill makes it harder to become an adult’s legal guardian

By James Bradley

HELENA — Lawmakers on the House Judiciary Committee advanced a bill Thursday that would force a person applying to become an adult’s legal guardian to explain to a court why a less intrusive option wouldn’t work. 

Sen. Mary McNally, D-Billings, is the bill’s sponsor. She explained how guardianship works during the hearing on Senate Bill 31, saying guardianship proceedings are the process where a person gives up their civil and constitutional rights, effectively becoming a minor in the eyes of the law. It is a last resort for aging adults or young adults who would be unable to take care of themselves in any capacity. 

Guardians have control over every aspect of their dependent’s life.

Adrianne Cotton spoke in favor of the bill on behalf of the Montana Area Agencies on Aging Association. She explained the history of adult guardianship laws, which she said existed in the Roman Empire. She said since then, guardianship laws have shifted and changed constantly.

“It bears noting that our communities still struggle, after 1,500 years, to find a balance between protecting those who cannot protect themselves, and ensuring the state does not empower bad actors who capitalize on a weakened system, and a vulnerable population,” Cotton said.

Guardianship laws have not changed in the state of Montana for 30 years.

The bill drew widespread support from independent living centers and elder advocacy groups. Beth Brenneman is an attorney with Disability Rights Montana, and urged the committee to pas the bill.

“We should really require that the person petitioning and the judge look at whether or not there are other alternatives,” Brenneman said.

There were no opponents. 

The committee voted unanimously to pass the bill to the full House, where it will face at least two more votes before going to Governor Greg Gianforte’s desk. Rep. Dennis Lenz, R-Billings, will carry the bill on the house floor. 

James Bradley is a reporter with the UM Legislative News Service, a partnership of the University of Montana School of Journalism, the Montana Broadcasters Association, the Montana Newspaper Association and the Greater Montana Foundation.

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Montana House bill makes it harder to become an adult’s legal guardian

Texas needs to patch holes in guardianship safety net

By Nathan Hecht and Bob Jackson,  Feb. 7, 2019 

 

If a manufacturer produces a defective product four out of every 10 times, that company would likely be headed for big trouble. In Texas, something even more serious is happening with the nearly $5 billion in assets of vulnerable Texans held by court-appointed guardians.

A review of nearly 30,000 guardianship files by Texas’ Guardianship Compliance Program found 41 percent of the cases were out of compliance. In one particularly egregious case, the whereabouts of a person needing help was unknown for years. In another, no reports or accounts were ever filed for a $4 million estate. And in thousands of other cases, records of deceased persons have remained under the control of the courts.

The rapid rise of Texas’ population of older persons makes solving these issues a pressing matter: The number of Texans age 65+ is projected to double by 2030, to almost 6 million. Guardianships are designed to provide a safety net for Texans vulnerable to exploitation. The vast majority of these people are older and often have health issues that require someone to help manage some or all of their daily affairs.

There are solutions. Already, Texas has enacted strong guardianship reforms that have been recognized by the U.S. Senate Committee on Aging as a national model. Last session, the Texas Legislature passed new laws increasing guardianship training and certification for attorneys and guardians and implementing a statewide guardianship registration, as well as enhanced criminal history checks on proposed guardians.

But data show that most Texas courts, especially in rural areas, still lack necessary resources to effectively oversee guardianships. There aren’t enough providers of proper oversight and protection for vulnerable older Texans.  With thousands of cases out of compliance, too many Texans remain at risk.

State Sen. Judith Zaffirini, D-Laredo, has introduced Senate Bill 31 to expand the Guardianship Compliance Program statewide and provide necessary resources to strengthen the audit and review process. Also, the Legislature is considering the appropriation of funds to make this program operational. This bill and funding request are absolutely vital for the well-being of thousands of vulnerable Texans. It’s crucial that these measures be adopted and signed by the governor.

There are approximately 55,000 active guardianships in Texas today. The vast majority of guardians are devoted people who do very important work, often out of a sense of love, loyalty or duty. Theirs is not an easy job. We need to support this work with adequate supervision while also keeping a watchful eye on those who are failing to meet their duties and placing many of our fellow Texans at risk.

There is no time like the present to patch the holes in our guardianship safety net and keep Texas as a national leader in guardianship reform.

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Texas needs to patch holes in guardianship safety net