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 

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

State Senators Move Bills To Protect Elderly And Vulnerable Adults From Financial Exploitation

Two bills to protect elderly and vulnerable adults from financial exploitation are headed to the Senate floor for a final vote after being approved in Senate committees this week. Senate Bill 1192, sponsored by Senator Todd Gardenhire (R-Chattanooga), and Senate Bill 1267, sponsored by Senate Majority Leader Mark Norris (R-Collierville), gives securities officials and financial institutions the tools they need to help detect and prevent financial exploitation of those age 65 and older and vulnerable adults with diminished capacity.

The legislation comes from the Elderly and Vulnerable Adult Abuse Task Force, which worked with Tennessee’s financial community to recommend the changes.

“Roughly one in five seniors has been a victim of financial exploitation at a cost of approximately $2.9 billion annually,” said Senator Gardenhire. “Moreover, these numbers are likely low as it is also estimated that only one out of every 44 instances of financial abuse is actually reported.”

Called the Senior Financial Protection and Securities Modernization Act, Senate Bill 1192:

·Provides a pathway for voluntary reporting by giving civil and administrative immunity to broker-dealers, investment advisers, agents, representatives and other qualified individuals for reporting the suspected abuse or exploitation;

· Allows those individuals to delay disbursements from an account for up to 15 days if financial abuse or exploitation is suspected (that delay could be extended to up to 25 days upon request by the commissioner and by court order);

·Grants the Commissioner of Commerce and Insurance authority to create additional guidelines by rule for delayed-disbursement when fraudulent activities are suspected;

·Authorizes notification to third parties previously designated by the elderly or vulnerable adult regarding any suspected fraudulent transactions; and,

·Gives the Commissioner authority, under the state’s Uniform Administrative Procedures Act, to double current civil penalties to up to $10,000 to $20,000 per violation against offenders who victimize a vulnerable or senior adult.

“Financial exploitation robs elderly victims of their money and their dignity,” said Senator Gardenhire, who is a retired financial advisor. “It also can rob them of their independence and can even force them into depending on government assistance despite their best efforts to save for their golden years.”

It has been estimated that 41.4 percent of the offenses of financial exploitation were committed by a family member and another 13.3 percent of victims were described by law enforcement as having close relationships with the perpetrator.

Likewise, Senate Bill 1267 adds tools and greater flexibility as to how financial institutions can best protect their customers when they have reason to suspect financial exploitation of elderly or vulnerable adults is occurring or being attempted. The legislation:

· Provides new authority for financial institutions to delay or refuse to conduct transactions which permit the disbursement of funds from the account of an elderly customer or vulnerable adult when exploitation is suspected;

· Permits, but doesn’t require, the financial institution to establish a list of persons the customer would like to have contacted if the institution suspects the customer is a victim of financial exploitation or theft;

· Allows financial institutions to refuse to accept an authorized power of attorney if they believe the person is conducting financial exploitation; and,

· Requires the Tennessee Department of Financial Institutions to consult with financial service providers, the Tennessee Commission on Aging and Disability, and the Department of Human Services to develop a public education campaign to alert the public to the dangers of vulnerable adults from financial exploitation.

“Bankers are often on the frontlines of witnessing attempted exploitation and these tools will give them greater flexibility to protect vulnerable Tennesseans,” said Sen. Norris.

The proposals build on a new law, sponsored by Norris and passed by the General Assembly last year, which set up Vulnerable Adult Protective Investigative Teams (VAPIT) in each judicial district in Tennessee to foster cooperation and information sharing between different government agencies whose purpose is to protect elderly and vulnerable adults.

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State Senators Move Bills To Protect Elderly And Vulnerable Adults From Financial Exploitation

Protect clients and caregivers against claims of senior financial fraud

As the American population keeps growing grayer, senior financial fraud has become a hot-button issue for politicians and regulators.

Three bills designed to protect seniors from financial fraud are moving through the Senate Judiciary Committee with bi-partisan sponsorship and support.

A new model state law adopted by the North American Securities Administrators Association (NASAA) requires financial advisors and firms to report suspected financial exploitation of seniors to regulators and adult protective services offices.

NASAA also has proposed model state legislation that would allow financial institutions to place a 10-day hold on disbursements whenever firms or advisors believe harm may result to an investor age 60 or older. FINRA has requested comments on a proposed rule that would do the same for accounts of people age 65 and older.

Stronger legal protections are: 1) expanding and clarifying the definition of senior financial fraud; and 2) expanding the audience of potential victims to include anyone above a certain age (e.g., 60 or 65). In the past, some statutes have focused only on fraud against mentally impaired seniors or those living in institutions.

Claims of financial fraud often are made against family members, including those closely involved in senior caretaking.  Consider these situations, and ask yourself whether they involve senior fraud:

• A husband is caring for his 66-year-old wife, who is temporarily incapacitated following a stroke. The husband wants to liquidate funds from the wife’s checking account, in her sole name, to pay for care. He writes and dates the check and guides the pen in her hand as she signs. Several weeks later, their daughter files a charge against him, claiming forgery.
  
• A son is caring for his 85-year-old father in an assisted-living facility. The father does not have access to a computer, but does have an online account at MySocialSecurity.com. The son goes to the site, verifies the father’s identity, and logs on with the father’s username and password. The son then changes the bank account for receiving the father’s Social Security benefits, so the son can access benefits to pay for the care facility. Weeks later, a family member sees this change, asks the father if he authorized it, and files a claim of senior financial abuse against the son.
  

These are possible cases of senior financial abuse – even though the caregiver has good intentions – and both situations could have been avoided with planning. Here's how: (Click to Continue)

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Protect clients and caregivers against claims of senior financial fraud