Guardianship bills debated in state senate committee

by Mardi Link

Jun. 16—LANSING — During a state senate hearing on legislation to fix state guardianship laws, elected officials recently heard testimony on the civil rights abuses — from cryptocurrency investment schemes to arbitrary judicial decisions — often faced by those caught up in the flawed system.

"We bend over backwards for people that are accused of committing crimes, to make sure their due process rights are protected," Scott Teter, an assistant attorney general and chair of the office's Elder Abuse Task Force, said.

"These people didn't commit a crime — they got old and frail," Teter said.

Teter, division chief of the AG's financial crimes division, recently detailed a package of four bipartisan bills the House passed more than seven months ago, during a Civil Rights, Judiciary, and Public Safety Committee hearing.

The bills, if they become law, would require judges to give a reason, on the record, when they appoint a professional guardian over a family member; limit tasks professional guardians could delegate to office staff and require guardian ad litmus — those acting as the "eyes and ears of the court" — to be more detailed in their reports.

Some elder advocates say the changes don't go far enough. Some professional guardians and probate court judges say they go too far. Few can argue that any substantive reform has been a long time coming.

"Broadly speaking, the bills come from one simple truth, which is there's too many vulnerable adults across the state who have been taken advantage of, exploited and abused," said Rep. Graham Filler, R-Clinton County, sponsor of HB-4911.

"This is a very contentious subject and I do believe these bills are in a good place to move forward," said Rep. Kelly Breen, D-Novi, sponsor of HB 4909.

In 1996, a state Supreme Court Task Force began examining how to improve the way probate court judges vet, appoint and oversee record-keeping for guardians and conservators and then, in 1998, issued several recommendations.

In 2007, then-Gov. Jennifer Granholm appointed social service advocates and others to a similar task force, which issued its recommendations — chief among them was to adopt those recommendations issued by Michigan's Supreme Court's task force nearly a decade prior.

In 2019, AG Dana Nessel renewed the reform effort, appointing members from dozens of organizations and municipal offices to yet another elder abuse task force, and that group, too, has issued its recommendations.

"Here we are, 25 years later, and we still have not adopted all of the recommendations from that task force — one of which is certification," Teter said.

State statutes give court-appointed guardians power over a person's housing, medical and other personal needs while conservators are tasked with making financial decisions.

Michigan is among several states which do not require certification or licensure for either role, even though each task force has recommended it in some form and a 2021 study found certification and licensure both increase knowledge, professionalism and effectiveness of professional guardians.

A fifth house bill, HB 5047, sponsored by Rep. Betsy Coffia D-Traverse City, addresses certification and, if passed, would create an office of state guardian, but this bill was not discussed at the hearing.

Teter promised further discussions on this issue, while adding that the requirement for professional guardians is not supported by everyone.

Calhoun County Chief Judge Michael Jaconette told the committee such an addition could have a "catastrophic impact" on the ability of courts to find suitable guardians to serve the state's most vulnerable people.

Jaconette told the committee he also had issues with a portion of the bill that addressed guardian ad litems, while Sen. Jim Runstead, R-White Lake, suggested a "blind draw" where judges could not hand-pick who was assigned to which case.

Some courts use a blind draw, testimony stated, other counties do not. It is a county-by-county decision and not required by law.

Jaconette said the Probate Court Judges Association, of which he is president, gave reluctant support to the four bills in their initial form, although they had concerns about subsequent changes and had withdrawn that support.

Some professional guardians have said the actions of a few have cast aspersions on a reputable profession and that the cost of certification or licensure could make it difficult, even impossible, to serve more than just a handful of indigent adults.

Committee Chair Sen. Stephanie Chang, D-Detroit, invited written remarks be submitted to the committee and a second hearing is scheduled for next week.

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Guardianship bills debated in state senate committee

Attorney General's office supports reform bills on guardianship

By Legal Newsline

LANSING – Today, Scott Teter, Division Chief of the Department of Attorney General Financial Crimes Division and head of the Elder Abuse Task Force, testified before the Senate Civil Rights, Judiciary, and Public Safety Committee in support of House Bills 4909, 4910, 4911, and 4912. Michigan Attorney General Dana Nessel announced that this bill package is a first step toward implementing reforms to Michigan’s guardianship statutes.

“I’ve seen firsthand how Michigan’s guardianship and conservatorship system has failed vulnerable adults in our state,” Nessel said. “I am glad some improvements are being made, but we can’t stop here. I will continue to push for the long-awaited reforms as recommended by our Elder Abuse Task Force, which will help create a system that truly treats all Michiganders with the dignity, compassion, and autonomy they deserve.”

"A system that ignores the rights of vulnerable adults and dehumanizes them and ignores the concerns of family members doesn’t do justice and must be changed,” Teter said. “There are common-sense reforms in these bills that are long overdue that will help fix a broken system, but we are not done yet and have more work to do.”

Teter’s testimony highlighted specific concerns faced by the Department, the Elder Abuse Task Force, and their partners under the current system. The proposed legislation aims to address these issues by:

- Requiring courts to make findings of fact if a person with priority for appointment, such as a family member, is passed over in favor of a professional guardian;

- Establishing a clear asset and income threshold above which the appointment of a conservator is required;

- Requiring guardian and conservator letters of authority to expire after 15 months;

- Clarifying and expanding the guardian ad litem’s responsibilities;

- Improving protections for wards when professional guardians seek to remove them from their homes;

- Requiring professional guardians to file petitions seeking court authority to move wards;

- Mandating courts appoint guardians ad litem or counsel for wards where appropriate before authorizing moves to new residences;

- Enhancing basic standards for medical reports used in guardianship and conservatorship hearings;

- Refining the process for emergency petitions for guardianship/conservatorship to ensure an actual emergency exists.

In his testimony, Teter also encouraged legislators to adopt additional legislation creating family consent laws and Personal Protection Orders (PPOs) for elder/vulnerable adults. He provided an overview of the guardian certification initiative.

The Department expressed support for Senate Bill 656 which would restrict investment types allowed by conservators managing estate property. This bill requires conservators to invest according to the Michigan prudent investor rule and mandates investments through brokerage firms insured by the United States Securities Protection Corporation. Additionally, it prohibits investments in cryptocurrency.

Michigan's Elder Abuse Task Force was launched in 2019 with more than 55 organizations from public, private, and nonprofit sectors collaborating against elder abuse. The task force comprises over 100 individuals divided into seven committees working on nine initiatives including wholesale reforms like certification and training requirements for professional guardians.

Achievements include adopting a Vulnerable Adult Incident Report form used statewide by law enforcement along with related training sessions. The Financial Exploitation Prevention Act was also passed ensuring mandatory reporting from financial institutions on suspected fraud or exploitation. Another law added financial advisors and securities brokers as mandatory reporters. The Uniform Power of Attorney Act becomes effective July 1, 2024 making powers of attorney more accessible through standardized forms within statute.

More than 73,000 older adults in Michigan suffer from elder abuse involving neglect or exploitation. Residents seeking elder abuse resources can call 800-24-ABUSE (22873) or report suspected abuse at 855-444-3911.

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Attorney General's office supports reform bills on guardianship

Sparks fly in Lansing as probate judges push back on proposed guardianship reforms

By: Heather Catallo

LANSING, Mich. (WXYZ) — Sparks flew during a Senate committee hearing today in Lansing as probate judges pushed back on proposed guardianship reforms. Local families have been demanding changes to Michigan’s laws after 7 Investigator Heather Catallo’s years-long investigation into the state’s guardianship system.

Catallo has been exposing abuses in the system since 2017, and advocates for the elderly have been trying to get new legislation passed since 2021.

On Thursday, the head of Attorney General Dana Nessel’s Elder Abuse Task Force announced that they have had to drop the bill that would have formed an Office of the State Guardian, at least for now.

“They took my mom before I knew it,” said Chandra Drayton during a 2021 interview with Catallo, about her family’s experience with a professional guardian in Detroit.

“It's disgusting. Our elderly people shouldn't be a commodity and shouldn't be able to be trafficked by these people,” said Gretchen Sommer, whose aunt and uncle were separated from family members by a guardian who erected a 6-foot privacy fence around the elderly couples’ home in Macomb County.

Sommer and Drayton are just some of the family members across our community demanding change. And so are the members of the Attorney General’s Elder Abuse Task Force as they fight to get four bills passed in Lansing.

“A system that ignores the rights of vulnerable adults and dehumanizes them and ignores the concerns of family members doesn’t do justice and it must be changed,” said Financial Crimes Division Chief Scott Teter during testimony in front of the Senate Committee on Civil Rights, Judiciary & Public Safety. Teter is the head of the Elder Abuse Task Force.

The task force has worked for years to increase protections in Michigan’s guardianship laws for vulnerable adults. If you’re placed under guardianship, you’re declared legally incapacitated and no longer have any rights.

“They determine whether or not you can marry, whether or not you can divorce, whether or not you can live in your own house,” said Rep. Kelly Breen (D-Novi). Breen is one of the sponsors of the bills.

“The bills come from one simple truth, which is there are too many adults across the state who have been taken advantage of,” said Rep. Graham Filler (R-St. Johns). Filler has sponsored legislation twice, trying to make changes to the guardianship laws.

During Thursday’s testimony, the head of the Elder Abuse Task Force announced they’ve had to drop a bill that would have established an Office of the State Guardian and require certification of professional guardians.

“We will be coming back with it next year. It’s not going anywhere. Certification has to happen in the state of Michigan,” said Teter.

But the bills still provide several protections, including making sure probate judges put their reasons on the court record if they choose a professional guardian over a family member who wants to take care of their own loved one.

“How do you appeal a non-record? The answer is you can’t,” said Teter.

The changes to the law would also expand the responsibilities of someone called a Guardian ad Litem (GAL). The GAL is supposed to inform a potential ward of their rights. That’s something that never happened in Rodrick Gordon’s case because his GAL never found an interpreter to communicate with Gordon, who’s Deaf-Blind.

“Do you consider yourself incapacitated,” Catallo asked Gordon in a 2021 interview.

“No! Absolutely not,” said Gordon.

But the bills have powerful opponents. Three different probate judges, including the head of the Michigan Probate Judges Association, testified Thursday that they oppose the bills.

“I think the consequences of the legislation would be to reduce the number of professional guardians available to serve the community,” said Kent County Chief Probate Judge David Murkowski.

“The system is not supposed to be designed to protect the interests of judges, lawyers, and guardians. It’s supposed to serve and protect vulnerable adults,” said Teter.

In a press release, the Attorney General said the bills will also:

• Require the court to make findings of fact if a person with priority for appointment, such as a family member, is passed over in favor of a professional guardian;
• Establish a clear asset and income threshold above which the appointment of a conservator is required;
• Require guardian and conservator letters of authority to expire after 15 months;
• Clarify and expand the guardian ad litem’s responsibilities;
• Improve protections for wards when professional guardians seek to remove them from their homes;
• Require professional guardians to file petitions seeking court authority to move wards;
• Require courts to appoint guardians ad litem or, where appropriate, counsel for wards and to schedule hearings before authorizing moves to new residences;
• Improve basic standards for medical reports that are used in guardianship and conservatorship hearings;
• Refine the process for emergency petitions for guardianship/ conservatorship to ensure an actual emergency exists; and more.

There will be another hearing Thursday, June 20, 2024. Family members who lost loved ones to professional guardians plan to testify at that hearing.

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Sparks fly in Lansing as probate judges push back on proposed guardianship reforms