A Kentucky state representative is sponsoring legislation that would strengthen protections for older adults against financial abuse, increasing penalties for those who exploit senior citizens.
State Rep. Matt Lockett of Nicholasville is behind House Bill 794, which prioritizes protection for Kentuckians — especially older adults — from financial exploitation.
Source:
Kentucky bill would increase penalties for financial exploitation of seniors
Republican Sen. Adam Schnelting of St. Charles describes his bill targeting nursing home abuse and neglect as a "way to foster a culture of life in our state." He sponsored similar bills in 2024 and 2025, but this is the first year the legislation has gotten a hearing (Annelise Hanshaw/Missouri Independent).
The first warning sign that all was not well with Miranda Malone’s mom was that she had lost a lot of weight.
It was June 2020, and Malone, of St. Charles County, hadn’t been able to visit the nursing home where her mom was receiving care for Parkinson’s disease since the beginning of the COVID-19 pandemic. Malone told The Independent she discussed upping her mom’s protein intake with the nurses, but her mom only got thinner and developed a bedsore.
Three months later Malone got a worried call from a nurse who wasn’t part of her mom’s usual care team. Her mom had been screaming in pain, and her bedsore, the nurse said, was “the most extreme she’d ever seen.”
By the time Malone got her mom to an appointment with a specialist, her infection had gotten so bad that “you could see her spine.” When she was checked into an ER that November, she was severely malnourished. An MRI showed the infection had spread to her bones.
Given the choice between a feeding tube and hospice care, Malone’s mom chose hospice care. She died on Dec. 4, 2020.
“The only answer that I have gotten…is, ‘During COVID, we were short-staffed,” Malone said. “That’s not good enough for me. I’m sorry. That’s just not good enough.”
Missouri lawmakers are considering legislation aiming to increase accountability and transparency around elder abuse and neglect in long-term care facilities. A Senate committee debated the bill last week.
Sponsored by Republican state Sen. Adam Schnelting of St. Charles, the legislation would increase penalties for abuse or neglect of an elderly person and require long-term care facilities to maintain liability insurance policies worth at least $1 million.
Schnelting, who sponsored similar proposals in 2024 and 2025, said the bill would help families get closure and compensation for abuse and neglect of loved ones.
“When someone gets hurt or their loved one gets hurt, facilities shouldn’t be able to say, ‘Well, you’re out of luck. I don’t have any insurance,” Schnelting said.
Schnelting recalled being “enraged” as he struggled “trying to get answers [and] trying to find resolution” after his mother died in a facility.
She was getting rehabilitative care after a stroke, Schnelting said, and suffered head injuries in the facility. She had a second stroke and died after going into a vegetative state.
“It looked like someone had punched her multiple times in the face,” Schnelting said.
Nursing home residents in Missouri receive the fewest daily hours of care by licensed nurses in the U.S. — only 1.14 hours per day — according to data released by the U.S. Centers for Medicare and Medicaid last month. They received an average of 3.37 hours of nursing care daily in March 2025. In 2023, AARP ranked Missouri’s long-term care facilities 47th for safety and quality and 38th overall. U.S. News and World Report ranks Missouri 50th in nursing home quality.
Schnelting’s bill would also require the Missouri Department of Health and Human Services to display a symbol on its website identifying facilities with abuse or neglect findings substantiated by the department, the Centers for Medicare and Medicaid or law enforcement. In addition to displaying the symbol, the department would have to provide a summary of the incident for three years after the most recent confirmed finding.
The Centers for Medicare and Medicaid already marks nursing homes with recent abuse citations with an icon.
Dr. Jana Opperman-Bendt, who switched careers to establish a small long-term care facility, said this provision would help families searching for a safe place for their loved ones, “when they are already overwhelmed and vulnerable themselves.”
Jay Hardenbrook, advocacy director for AARP Missouri, said the bill would enable families to find reliable information about facilities when they are no longer able to care for loved ones themselves.
“Being able to have transparency to look directly at what has happened in facilities and make an informed decision is so vitally important to the caregivers of our state,” Hardenbrook said.
The bill would also make abuse or neglect by a caregiver in a long-term care facility a class E felony. Elder abuse or neglect is currently a class A misdemeanor for anyone.
Opponents of the bill argued that the liability insurance requirement could drive small and rural facilities out of business.
Nikki Strong, representing the Missouri Health Care Association, a nonprofit that represents long-term care facilities, said mandating liability insurance would cause premiums to “skyrocket.”
Tim Blattel, legislative chair for the Missouri Assisted Living Association and CEO of Twin Oaks Senior Living in Wentzville, said the insurance requirement would hurt family-owned operators and asked to work with Schnelting to compromise on the bill.
Blattel said his annual insurance premium increased from $73,000 to $230,000 in one year because St. Louis has been deemed a “litigious area.”
Brandon Koch, executive director of the Missouri Insurance Coalition, said that if the bill set the minimum threshold for liability insurance too high, “it could impact affordability and availability.”
But Opperman-Bendt said she was “appalled” when she learned that long-term care facilities are not required to carry liability insurance.
“Should something go wrong with any of these individuals that I care for, I want my families to have protection, and I want to be held accountable for what has taken place,” she said.
Malone underlined the importance for families of getting closure and answers about what happened to their loved ones.
“This bill will help families,” she said, “because when you try to go and fight to get accountability and get transparency, there are walls there.”
Full Article & Source:
Missouri bill targets abuse in nursing homes with tougher penalties, more transparency
by Sawyer Bess
Senate Bill 910’s sponsor, Sen. Adam Schnelting, R-St. Louis, said he believes requiring care facilities to have liability insurance would help guarantee financial reimbursement to victims of abuse or neglect.
The bill would also increase penalties for abuse or neglect in facilities and require public warning be noted on the Missouri Department of Health and Senior Services’ website for poor care at a facility.
Long-term care providers like nursing homes and assisted living facilities are not required to carry liability insurance for cases of elder abuse.
Schnelting said facilities could instead hold a reserve of $1 million in an account as long as it is separate from their operational fund.
Schnelting and Lt. Gov. David Wasinger heard stories from Missouri residents during their 2025 “Protect our Seniors” tour regarding cases of elder abuse.
“When someone gets hurt or their loved one gets hurt, facilities shouldn’t be able to just say ‘Well, you’re out of luck, I don’t have the insurance,’” Schnelting said.
Schnelting and other supporters compared the bill to owning a car, where having car insurance is about protecting others and establishing responsibility.
“I was appalled to find out that these owners are not regulated or required to carry insurance,” said Jane Opperman, an occupational therapist who discovered the lack of regulation after starting her own senior care facility. “We are taking care of a very vulnerable population here, and we owe the families that respect and that accountability,” she said.
Nikki Strong, representing the Missouri Healthcare Association, is concerned that “good” long-term care providers could struggle to continue providing care.
“The unfortunate reality of Senate Bill 910 is that the unintended consequences of this bill ... will most likely force facilities out of business,” Strong said.
Other opponents said that adding higher costs could be destructive to rural providers, which already struggle with lower patient counts.
The bill would require the Missouri DHSS website to mark long-term care facilities with an icon if they have previously committed abuse or neglect. Medicare’s website already uses a similar icon system to flag abuse.
Oppermann said she supports icons as a method of transparency because families looking for long-term care providers already struggle to choose the right care facility.
“When they are already overwhelmed and vulnerable, just a little icon would make a significant impact on their searches,” Oppermann said.
The bill would make elder abuse by a care provider a class E felony, up from a class A misdemeanor. The DHSS would also have to report cases of neglect to the House, Senate and the lieutenant governor.
Similar legislation requiring care providers to have liability insurance failed to pass in the General Assembly in 2009.
Full Article & Source:
Bill seeks to increase protection for elders in care facilities
By John Cheves
House Bill 491, filed by state Rep. DJ Johnson, R-Owensboro, would require nursing homes to allow residents and their families or other legal guardians to install video- and audio-recording equipment in the residents’ rooms. The recording equipment would not be hidden; in fact, a sign at the room’s entrance would announce its presence. For shared rooms, the resident’s roommate would have to agree to the surveillance, although the equipment would be pointed away from the roommate.
Nursing home advocates say the cameras, already authorized in at least 20 states, could be an invaluable tool in protecting some of Kentucky’s most vulnerable citizens, by offering proof when they’re mistreated.
“It’s not a replacement for quality care. It’s not a replacement for family involvement. But I think that having some video monitoring available has been helpful in the past for family members and for residents who have not been believed about the quality of care they’ve been experiencing in the nursing home,” said Denise Wells, executive director of the Nursing Home Ombudsman Agency of the Bluegrass.
Since the pandemic, Kentucky state health officials have struggled with a massive backlog in their mandatory annual inspections of nursing homes, leaving some facilities largely unscrutinized for years, the Herald-Leader has reported.
When family members ask questions about a loved one’s bruises or other injuries, they’re sometimes not taken seriously because they’re outside visitors, Wells said. Likewise, when an elderly resident says a staff member hurt them, it’s sometimes assumed they suffer from cognitive decline and imagine things, she said.
“Unfortunately — and this is in line with the fact that people with disabilities are much more likely to experience abuse — it’s typically because they are viewed by a perpetrator as somebody who is not a reliable witness, so to speak,” Wells said.
“We definitely work with residents, as ombudsmen, who have concerns about certain caregivers,” she said. “When they report something, that caregiver might get suspended for two days pending an investigation, but then they’re placed right back in that person’s room, because the allegation was not substantiated.”
Johnson, the bill’s sponsor, said he doesn’t know if it will get a committee hearing during this legislative session, much less be signed into law. There might just be a discussion this year, he said.
Families should “have a right to keep an eye on” their loved ones living in nursing homes, Johnson said. However, he said, he’s not only hearing from families interested in his bill, he’s also hearing from the nursing home industry, which has “general concerns.”
“So the bill, I would say, is in flux,” Johnson said.
“I don’t think we’ve seen a final version of it,” he said. “The whole point is to have these conversations so we can come up with what would be the best legislation doing anything at all.”
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| Esther “Mitzi” Piskor is tossed from a wheelchair onto a bed by a Cleveland, Ohio, nursing home employee on May 13, 2011. Piskor’s son, Steve, was suspicious about the treatment his mother received at the nursing home, so he hid a video camera in her room. A decade later, the state of Ohio passed Esther’s Law to authorize cameras in residents’ rooms. Steve Piskor/YouTube |
Texas was the first state to authorize “granny cams” in nursing homes in 2001.
Among the many states to follow Texas is Ohio, which enacted Esther’s Law in December 2021.
Ohio’s law is named for dementia patient Esther “Mitzi” Piskor, a victim of elder abuse at a Cleveland nursing home. Her son, Steve, who was suspicious because of his mother’s bruises and withdrawn behavior, hid a camera in her room. It captured video of aides brutally tossing Esther into and out of her bed and a wheelchair.
Several of the aides were fired and convicted of crimes following an investigation.
Full Article & Source:
KY nursing home residents could get ‘granny cams’ to watch for abuse under bill
by: The Unicameral Update
In the wake of evidence of guardians who are not adequately serving their clients, the Judiciary Committee heard testimony Jan. 29 on two proposals that seek to improve Nebraska’s guardianship system.
LB 985, sponsored by Bennington Sen. Wendy DeBoer, would prohibit a private person from accepting appointment as a guardian or conservator if they already have 20 clients.
DeBoer said the cap would mirror the one already in place for the state’s Office of Public Guardian, which serves as guardian when no alternative is available.
“The more individuals you serve as a guardian for, the more accounts you have access to and the more you can bill for your services,” DeBoer said. “In order to limit the potential for abuse, I believe a cap is necessary.”
Amy Miller testified in support of LB 985 on behalf of Disability Rights Nebraska. She said the organization has spent the last three years researching the state’s guardianship system.
Approximately 10,000 people are under guardianship in Nebraska, she said, and an estimated 90% of those are full guardianships — meaning the guardian makes almost all life decisions for the client.
“Your guardian gets to decide where you live, what type of medical care you receive, whether you’re able to get a job or take classes and all of the money matters related to your life,” Miller said. “It’s hard to imagine how one person with even 20 wards under their care could thoroughly represent all of those issues for so many people.”
Jina Ragland also supported the measure. Speaking on behalf of AARP Nebraska, she said a caseload cap would ensure that guardians aren’t stretched too thin.
“This [bill] would increase the likelihood that they could spend more time with older adults and respond quickly to emergencies,” Ragland said.
Tim Hruza testified in opposition to LB 985 on behalf of the Nebraska State Bar Association. Being a guardian is difficult and intense work, he said, and making it harder to find individuals who are willing to serve may not be the answer.
“Our concern is simply that a cap of 20, while well intended … may not get to the root cause [of the problem],” Hruza said.
The committee also heard testimony on LB 1178, sponsored by DeBoer, which would allow individuals under a guardianship or conservatorship to attend required hearings either virtually or in person. The bill also would require guardians to make at least monthly monitoring visits, keep written records of those visits and maintain periodic contact with care providers.
Finally, the bill would authorize courts to award costs and reasonable attorney’s fees in specified proceedings, payable either from the trust involved or by another party.
“Monthly visits ensure guardians actually know their ward’s current condition, living situation and needs, and are not just managing their affairs on paper,” DeBoer said.
Miller testified in favor of LB 1178. Currently, she said, guardians file an annual report that consists of two pages of questions. In examining those reports, she said, Disability Rights Nebraska found one attorney who indicated that he did not visit his ward of 10 years who lived only eight miles away.
“If any guardian doesn’t visit, how do they know the condition of their ward?” Miller said. “It makes common sense to go lay eyes on a person.”
No one testified in opposition to LB 1178 and the committee took no immediate action on either proposal.
The Unicameral Update is the official news service of the Nebraska Legislature.
Full Article & Source:
Bills would cap number of guardianship clients, require monthly visits
It’s a story that’s all too common these days: an elderly person gets roped into a sales contract they don’t fully understand and ends up paying far more than they thought they would.
Now, a Florida senator has proposed a bill designed to protect the state’s most vulnerable residents from the same thing happening to them.
Sen. Ileana Garcia’s “Elderly and Disabled Adult Contract Protection Act” was introduced on Jan. 13. It would require contracting parties to record a video that depicts them conducting a “comprehensive review” of contract terms with the elderly or disabled adult, as well as the signing of the contract — and store that recording for at least five years. The bill defines “elderly” as someone aged 60 and older.
The goal is to ensure older Americans fully understand what they’re agreeing to when purchasing a product or service, thereby reducing cases of financial exploitation, misleading sales tactics and pressured consent.
The proposed legislation could fundamentally change how contracts are enforced and challenged when older residents claim to be misled.
“Out of the blue, I thought, what a great idea, so many agreements are signed under cover of dark,” attorney Charles Gallagher III told Tampa Bay 28 in a story that aired Jan. 8 (1). “The law in Florida doesn’t really help folks in that context. The law in Florida presumes if you signed the contract, you understand it.”
But even Gallagher, despite his initial excitement, has practical concerns. For example, the bill defines a contract as “any agreement that affects an individual’s legal rights or property, including documents conferring power of attorney or a deed instrument,” which may be interpreted broadly.
“In theory, every interaction between folks and contract parlance could be required to be recorded,” he said. “Lawn guy, pest control, you're buying a washer at the store, these are all written contracts. Do these all require a video?”
He also worried about operational impact, noting law firms, insurance companies, real estate agencies and many other Florida businesses could slow down their practices.
And, crucially, the bill might not prevent all exploitation. It only requires documentation of the process and by itself doesn’t provide the means to void contracts, ban predatory tactics or create a cooling-off period for seniors to reconsider.
The proposed bill appears unique in requiring video-recorded contract reviews specifically for elderly protection. While all states have Adult Protective Services programs and elder abuse statutes, few have implemented preventive measures specifically targeting the contract-signing process itself.
According to SeniorSite's analysis of state elder abuse laws, 15 states mandate that all citizens report suspected elder abuse, while others limit reporting requirements to specific professionals (2).
Financial exploitation penalties vary dramatically. For example, North Carolina classifies financial exploitation above $100,000 as a Class F felony, while physical abuse resulting in serious injury is a Class G felony. On the other hand, Michigan has a four-tier system for physical elder abuse with penalties from misdemeanors to felonies requiring prison time of up to 15 years.
Americans aged 60 and up are among the most vulnerable to scams and exploitation. Even if the Florida bill doesn’t pass this legislative session, it signals growing recognition that existing contract laws don’t adequately protect vulnerable adults. Especially for those who might be living on fixed incomes, where a single bad financial decision can have irreversible consequences, the stakes couldn't be higher.
Full Article & Source:
Florida bill would require contract signing to be videotaped for adults over 60. Can it prevent financial abuse?
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.
Full Article & Source:
Rep. Thompson: Making Michigan a “Next of kin” state will protect families
By JT Moodee Lockman
During a news conference Tuesday, Bates announced that Tavon Singleton and Cassandra McRae were indicted for the murder of 52-year-old Anntoinette Jennings and related charges for four other non-fatal victims, which included an 11-year-old.
Bryant
Peyton was indicted for the murder of 56-year-old Carroll Wonson, and
Andrew Reed was indicted for assaults on his 70-year-old grandmother,
70-year-old grandfather and their adult daughter, according to Bates.
On Jan. 22, Baltimore Police responded to a shooting in the 5400 block of York Road where multiple people suffered from gunshot wounds inside a vehicle, according to the State's Attorney.
One of the victims, Anntoinette Jennings,
was pronounced dead on the scene. Four other people were also inside
the car, and two of them were shot, including an 11-year-old.
Two other people in the car, including a 6-year-old, were uninjured, according to the indictment.
Security footage revealed that there was an altercation at a children's basketball game involving Jennings' family and a woman, later identified as Cassandra McRae.
McRae was seen in the video leaving the game while making a phone call. She then got into a gray sedan and followed Jennings' vehicle to the scene of the shooting.
Footage showed
McRae getting out of the sedan and approaching Jennings' vehicle on the
rear passenger side. At the same time, two men also approached the
vehicle on the driver's side, according to the indictment.
The indictment alleges that McRae touched the vehicle and said, "There they go right there, there they go right there." Seconds later, one of the men fired shots into Jennings' vehicle. All three suspects then fled the scene.
During an investigation, Tavon Singleton was identified as one of the suspects. The other man has not been arrested, Bates said.
Singleton and McRae have each been charged with murder, conspiracy to commit murder and attempted murder along with several firearm offenses.
On August 16, 2024, Baltimore Police responded to the 600 block of Springfield Avenue for a reported shooting around 6:22 p.m. When they arrived at the scene, officers found a man lying on his left side with multiple gunshot wounds to his head and torso, according to court documents.
The man, later identified as Carroll Wonson, was pronounced dead on the scene.
An investigation revealed that Wonson was walking to a nearby convenience store with his two grandchildren when they passed a man who began shooting at him multiple times, the indictment says.
Shell
casings were found near the Wonson's body and on the street near the
crime scene. Through security footage, investigators identified the
shooter as Bryant James Peyton, according to court documents.
Bates said Peyton is not allowed to own a gun due to a prior assault conviction in 2024. He was charged with murder and illegal possession of a handgun, according to the indictment.
According to a fourth indictment, on December 17, 2024, a couple - both 70 years old - were at their home in the 5700 block of Nasco Place with their grandson, Andrew Reed.
Reed went to his grandfather, who was in the end stages of terminal cancer and limited to a bed. He began to hit his grandfather in the face and body and choked him.
According to the indictment, Reed was retaliating because his grandmother refused to take him to a smoke shop to buy marijuana. Reed's grandmother begged him to stop and began to record the incident.
Reed's grandmother then called her daughter at work, asking for help. When the daughter arrived at the home, she saw Reed hitting her mother and father, the indictment alleged.
Reed put his hands around his grandmother's neck and her daughter's neck, forcing them both to the ground. According to court documents, the grandmother was unable to get back up due to mobility issues.
Reed continued choking his aunt and demanded
that she take him to the smoke shop. In fear, she agreed to take him to
the store, according to court documents.
Reed then released his aunt and she was able to get up and call police. At that time, Reed retreated into the basement, court documents show.
His grandfather died on December 20, 2024, due to his terminal illness.
Reed was charged with assault, abuse of a vulnerable adult and reckless endangerment, according to the State's Attorney's Office.
This year, Maryland leaders have taken steps to protect vulnerable adults from abuse. In February, legislation was introduced that would require nursing homes and assisted living facilities to use video surveillance.
Under the proposed bill, HB576, facilities would have to add surveillance cameras in common areas like dining rooms, meeting rooms, hallways, entrances and activity rooms.
Private living spaces would be excluded from the requirement, along with areas where residents receive medical services.
Lawmakers hope the move will prevent instances of abuse.
Full Article & Source:
3 men, 1 woman indicted for violent crimes against vulnerable people in Baltimore
Unnecessary guardianship arrangements, which strip older adults and people with disabilities of their independence, have often led to abuse
Less restrictive options to guardianship can reduce the potential for abuse, but public awareness of these alternatives is limited
Casey’s bill provides resources to ensure greater awareness of alternatives to guardianship, such as supported decision-making and advance directives
Casey has long record of promoting alternatives to guardianship and protecting older adults and people with disabilities from abuse
Washington, D.C. - Today, U.S. Senator Bob Casey (D-PA), Chairman of the U.S. Senate Special Committee on Aging, introduced the Alternatives to Guardianship Education Act, which would protect older adults and people with disabilities from abuse by helping educators, health care providers, court workers, and family member learn about alternatives to guardianship. Guardianships are legal relationships created when a court determines that a person is incapable of making important decisions on their own. While unnecessary guardianship arrangements—which can strip older adults and people with disabilities of their independence—have often led to abuse, public awareness of potential alternatives is limited. Chairman Casey’s new bill would invest in educating people who frequently interact with older adults and people with disabilities about alternatives to guardianship, such as supported decision-making and advance directives, which may reduce the potential for abuse.
“While celebrity cases may have shone the national spotlight onto guardianships and the potential for abuse that they pose, we have a lot more work to do to increase public awareness of the alternative options that exist,” said Chairman Casey (D-PA). “My legislation would provide resources for a public education campaign that ensures people know about alternatives to guardianship that protect Americans’ civil rights while getting them the support they need.”
Chairman Casey’s new bill is just the latest step he has taken to promote alternatives to guardianship and protect older adults from abuse. In July 2021, Chairman Casey and U.S. Senator Elizabeth Warren (D-MA) sent a letter to Health and Human Services Secretary Xavier Becerra requesting information on what data efforts are in place to determine the status of guardianships across the country and what efforts the Department was making to promote alternatives to guardianships. In October 2021, Chairman Casey introduced the Guardianship Accountability Act, which would provide accountability and oversight into guardianships, promote best practices, and provide funding and training to spot abuse. He also published an Op-Ed in BuzzFeed News about how Britney Spears’ conservatorship case helped shed light on broader issues surrounding guardianships and conservatorships for seniors and people with disabilities.
In 2023, Casey held an Aging Committee hearing entitled, “Guardianship and Alternatives: Protection and Empowerment,” which examined a litany of the issues facing older adults and people with disabilities in guardianships. At the hearing, he introduced the Guardianship Bill of Rights Act, which would promote alternative arrangements to guardianships and create standards that would protect the civil rights of people living under guardianships.
Read more about Casey’s new bill, the Alternatives to Guardianship Education Act, here.
Source:
Casey Introduces Bill to Promote Alternatives to Guardianship
by Kimberly Bonvissuto
US Sen. Bob Casey (D-PA), chairman of the Senate Special Committee on Aging, on Wednesday announced that he had introduced the Alternatives to Guardianship Education Act, which would invest in educating people who frequently interact with older adults and people with disabilities about guardianship alternatives, such as supported decision-making and advance directives.
The bill targets education for healthcare workers, educators, family members and court workers.
Specifically, the bill would fund education programs that include discussions on the background of guardianship and the potential consequences of unnecessary guardianship, as well as information on various alternatives. The bill would fund competitive grants to create curriculum and materials for targeted populations, as well as strategies to reach underserved populations.
In addition, the act would require states to collect guardianship data, and it would establish an advisory council to advise on grants and programs to accomplish the act’s goals.
Last year, an Aging Committee hearing highlighted issues involved in guardianships, which led to Casey introducing the Guardianship Bill of Rights Act to promote alternative arrangements to guardianships and create standards to protect the civil rights of people living under them. Prior to that, in 2021, Casey introduced the Guardianship Accountability Act with the goal of providing accountability and oversight into guardianships, promoting best practices and providing funding and training to spot abuse. Neither bill was adopted.
The introduction of Casey’s latest guardianship bill follows the announcement of a final rule on Tuesday from the US Department of Health and Human Services, through its Administration for Community Living, establishing the first federal regulations for adult protective services, or APS. Along with aiming to drive consistency in services across states, the rule also establishes stronger protections for those subject to guardianship.
Specifically, according to an ACL fact sheet, the rule promotes person-directed practice and the least-restrictive alternatives to respect the fundamental right of adults to make their own life choices. The rule establishes stronger protections for APS clients subject to or at risk of guardianship by prohibiting APS from serving as a guardian or petitioning for guardianship unless doing so is “unavoidable.” The rule also requires additional documentation and mitigation measures in such cases.
Last month, Justice in Aging released an issue brief providing examples of less restrictive guardianship alternatives, including trusts, powers of attorney, banking solutions and representative payees, and advance directives. The organization also has advocated for addressing bias in guardianship and data reform measures, and spotlighted state programs addressing issues in guardianship.
The Elder Justice Coalition released a statement supporting the rule, which it said promotes coordination and collaboration with state Medicaid agencies, long-term care ombudsmen, tribal APS, law enforcement and other partners.
APS programs support older adults and adults with disabilities by investigating reports of maltreatment, conducting case planning and connecting people to a variety of medical, social service, economic, legal, housing, law enforcement and other support services.
The new regulations go into effect June 7, although regulated entities have until May 8, 2028, to fully comply.
Full Article & Source:
Preventing abuse in guardianship focus of proposed bill, final rule
ORLANDO, Fla. — A bill Florida lawmakers passed unanimously is aimed at giving people with disabilities more power when it comes to guardianships. House Bill 73 would allow people a legal framework to make their own decisions instead of being placed into a guardianship.
Michael Lincoln-Mccreight says he hopes the measure will help others avoid what he had to go through, an unwanted and unneeded guardianship.
McCreight has autism, and he says when he aged out of the foster care system, someone successfully petitioned for him to be placed into a guardianship. A guardianship allows someone to control of a person’s finances, making them in control of most aspects of that person’s life.
“Someone filed a guardianship without me even knowing they filed a guardianship, and I had doctors and attorneys showing up and first I was like what the heck is going on,” said McCreight.
McCreight says it was a struggle to get out of the guardianship.
“I had to hide in a closet, smuggle in a cell phone, call disability rights and then, once I got my rights back, I became the first person in Florida to get a term called 'Supported Decision-Making' recognized by the state,” said McCreight.
For several years, McCreight worked with lawmakers in Tallahassee to pass legislation. HB 73 would give people with disabilities who are of sound mind the chance to make their own decisions with the support of others, instead of letting one person make their decisions without them having a say in what those decisions are.
“It just brings more options for that individual to make his own decisions with the support of people they trust,” said McCreight.
Mccreight is now living the life he wants to live and he hopes his efforts will help others do the same.
“I’m hoping it avoids people going through what I went through,” said McCreight.
This measure passed both the Florida House and Senate unanimously, and is on its way to the Gov. Ron DeSantis’ desk for him to sign it into law.
If it becomes law, it will take effect on July 1, 2024.
Full Article & Source:
New law could give people with disabilities guardianship protections
The bill, House File 537, is intended to give family members greater ability to monitor the safety of their relatives in nursing homes, said Rep. Joel Fry, one of the bill’s sponsors. Fry, a Republican from Osceola, said the bill has been in development for years, but concerns about privacy and confidentiality have made it difficult to get it passed by lawmakers and signed into law.
“This bill has been worked on for a lot of years, and we’re finally getting this bill to a place where everybody is coalescing around the bill,” he said.
Before monitoring by a security camera could begin, the bill requires a nursing home resident to consent unless he or she is deemed unable by a health care provider to understand the nature of the monitoring. If a resident is deemed unable to consent, the resident’s representative — an attorney or legal guardian — would be able to consent for them.
Roommates in a shared room also would need to consent if one resident agrees. If a roommate does not consent, the nursing home would have to work to accommodate the request by offering either of the residents a different room.
The bill comes as Iowa nursing homes face heightened scrutiny after multiple reports in the last year of deaths, abuse and neglect at long-term care facilities.
In December, Iowa Senate Democrats called for oversight investigations into the state’s nursing homes. Republicans, who control both chambers of the Legislature, rejected that request and said there are already mechanisms in place to detect and prevent abuse at the facilities.
According to a report from the U.S. Senate Special Committee on Aging, Iowa ranks 49th out of the 50 states in its ratio of nursing home inspectors to facilities.
Ten Iowa nursing homes are listed as eligible for special oversight by the federal Centers for Medicare and Medicaid services, and two others are listed as special focus facilities.
Fry said the increased attention on problems at Iowa’s nursing homes puts a spotlight on the proposal, but that he thinks lawmakers would be moving ahead anyway notwithstanding those reports of death, abuse and neglect.
“Certainly, some of the issues that have happened across the state make this a much more heightened issue,” he said. “I think we’d be at this spot anyway, regardless of whether we had any of those issues popping up. We've been working on this a while.”
Lobbyists representing Iowa’s nursing homes and health care providers said they were undecided on the bill and said they would like to work with lawmakers on the details as it moves forward.
Rep. Timi Brown-Powers, a Democrat from Waterloo, said she had concerns about who would be able to access the surveillance videos, how long the videos would be saved and how to protect the privacy of roommates.
“I think we need to do something. I think doing nothing is not an option at this juncture,” she said. “But I do have some questions to make sure that we are giving the best care, the most dignity to these folks and keeping people safe all at the same time.”
The proposal was passed unanimously by a subcommittee and next goes to the House Health and Human Services Committee.
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Families could monitor Iowa nursing home residents under bill
