Senators Klobuchar and Cornyn Introduce "The Court-Appointed Guardian Accountability and Senior Protection Act"

U.S. Sen. Amy Klobuchar (D-MN) and John Cornyn (R-TX) this week introduced bipartisan legislation to help protect seniors from neglect and financial exploitation.

The Court-Appointed Guardian Accountability and Senior Protection Act would help crack down on elder abuse by strengthening oversight and accountability for guardians and conservators. The bill is similar to legislation the senators introduced last year.

“Seniors deserve to live their lives safe from abuse and mistreatment,” Klobuchar said. “While most court-appointed guardians are undoubtedly professional, caring and law-abiding, there is mounting evidence that some guardians use their position of power for their own gain. This legislation would help increase accountability and oversight of guardians and protect those who are most vulnerable.”

“Caring for our seniors is an important role that many choose to take on, and I am grateful for all the support that the majority of guardians provide for these members of our communities,” said Cornyn. “I’m proud to sponsor legislation that will provide valuable safeguards for all seniors by adding accountability to the court process of appointing guardians.”

The senators’ legislation would provide support to states to implement programs to increase oversight of guardians and conservators.

Specifically, the bill makes state courts eligible for an already existing program designed to protect seniors. Under the program, state courts would be able to apply for funding to assess the handling of proceedings relating to guardians and conservators, and then make the necessary improvements to their practices. For example, the courts could conduct background checks on potential guardians and conservators, or implement an electronic filing system in order to better monitor and audit onservatorships and guardianships.

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Klobuchar, Cornyn Introduce Bipartisan Lgislation to Protect Seniors From Neglect and Abuse by Guardians

Editorial: D.C. Council Still Stalling on Elder Abuse

Last March, the daughter of the late D.C. Councilwoman Hilda Mason told the Office on Aging’s Elder Abuse Prevention Committee that even her politically connected mother and multimillionaire stepfather became victims of neglect and financial exploitation at the hands of court-approved “conservators” who pilfered their fortune while forcing them to live in squalor.

The District’s Adult Protective Services failed to protect her parents and still fails to protect vulnerable seniors, Carolyn Nicholas, president of Advocates for Elder Justice, testified.

As The Washington Examiner reported last year, Nicholas has been pleading with current council members to amend the Adult Protective Services Act to bring the District law in line with other states’ best practices. But they’re still dragging their feet.

In February, Council member Marion Barry, D-Ward 8, introduced a bill in memory of his old friend and political ally. The Charles and Hilda Mason Elder Abuse Clarification and Expansion Act of 2013 clarifies the definition of elder abuse and increases the penalties for preying on vulnerable seniors.

Guardians or conservators are only supposed to be appointed for people who do not have other plans in place when they become physically or mentally incapacitated. But D.C. Superior Court judges have overridden seniors’ wishes, assigning “representatives” to people who have already designated a family member, friend or attorney to handle their affairs when they became frail or incapacitated.

Court-appointed guardians and conservators have total control over their wards’ persons and property, but some are completely unsupervised, with no requirement to submit to outside audits or even file periodic accountings with the court for how they spent assets it took a lifetime to accumulate.

With such absolute power and little or no oversight by the courts or the city, abuse is inevitable. “Many court-appointed attorneys, guardians and/or conservators have in fact become nothing more than predators,” Nicholas told The Examiner.

Barry’s bill, which has been co-sponsored by Council members Anita Bonds, D-at large, Yvette Alexander, D-Ward 7, and Jim Graham, D-Ward 1, would make financial abuse of the elderly a felony punishable by a $10,000 fine and up to 15 years in prison, and allow elderly victims to sue for restitution. It would also prevent those convicted of exploiting seniors by “deception, intimidation, misrepresentation, fraud or undue influence” from inheriting their victims’ estates.

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D.C. Council Still Stalling on Elder Abuse

Linda Kincaid Reports: Elder Advocates Urge Support for California AB937 to Curb Elder Abuse

California’s AB937, introduced by Assembly Member Bob Wieckowski,codifies basic personal rights for the state’s most vulnerable citizens. The right to have visitors, the right to receive phone calls, and the right to receive mail are already part of California law. However, these personal rights are often violated by court appointed conservators seeking unbridled power over vulnerable individuals.

Section 2351 of the Probate Code is amended to read:

(a) Subject to subdivision (b), the guardian or conservator, but not a limited conservator, has the care, custody, and control of, and has charge of the education of, the ward or conservatee. This control shall not extend to personal rights retained by the conservatee, including, but not limited to, the right to receive visitors, telephone calls, and personal mail, unless specifically limited by court order.

In favor of the bill are  California Advocateds for Nursing Home Reform (CANHR),  Consumer Advocates for RCFE Reform (CARR), numerous Long-Term Care Ombudsman and elder advocates throughout the state. Families of abuse victims strongly favor the rights stated in AB937.

Opposing the bill is the Californial Association of Public Administrators, Public Guardians and Public Conservators.  Santa Clara County Public Guardian Don Moody and Director of the California Department of Social Services Will Lightbourne are also on record as opposing personal rights for conservatees.

Opposition from Moody and Lightbourne is not surprising. Moody’s department unlawfully imprisoned and isolated conservatees Gisela Riordan and Lillie Scalia for years. The abuse began when Lightbourne was Santa Clara County Social Services Agency Director. After moving to Sacramento, Lightbourne publicly supported ongoing abuse by Moody. Riordan and Scalia regained their rights only after coverage by the ABC7 I-Team in San Francisco.

AB937 does not change California law. The bill simply clarifies existing personal rights and codifies those rights into the Probate Code.

The full Assembly will vote on AB937 on Thursday, May 16, 2013.
Letters of support can be sent to:
Legislative Aide Heather Falkenthal
Assemblymember Bob Wieckowski
Office: (916) 319 – 2025
Fax: (916) 319 – 2125
Heather.Falkenthal@asm.ca.gov

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Elder Advocates Urge Support of California AB937 to Curb Elder Abuse

Read AB937

TX: Woman’s Costly Court Battle Prompts Call for Reform of Guardianship System

Ninety-one-year-old Sophie Paulos spent three months and more than $30,000 proving to court officials that she was competent enough to run her own life.

Two of her daughters had told a local judge that they suspected Paulos was being financially exploited by family members. They said they were worried about her health. They questioned whether she was mentally sound.

By the time the three-month ordeal was over, Paulos says, she had paid $30,000 for court-appointed lawyers she never wanted and another $70,000 on related legal expenses.

“I was humiliated,” said Paulos, who is frustrated with court officials who she says drove up the bills. “I had to pay for this and they don’t care.”

Now Paulos’ son-in-law — former Texas Health and Human Services Commissioner Tom Suehs — is holding her case out as an example of how the guardianship system needs reform.

Since Paulos’ case was settled in October, Suehs has been connecting with legislators and guardianship advocates who say people are unfairly dragged through the courts and forced to spend thousands of dollars to protect their independence. Now they’re pushing for changes that would require speedier hearings and force courts to prove they need to intervene before launching full investigations. The proposals have drawn support from AARP and Rep. Stephanie Klick, R-Fort Worth.

But lawyers and judges say the proposed changes would leave people more vulnerable and throw unnecessary roadblocks into the process.

Adult guardianship cases are essentially lawsuits designed to ensure vulnerable seniors and people with disabilities are not abused, neglected or exploited. A probate court must determine whether people are competent enough to keep themselves safe and healthy. If a judge deems they are not, he can appoint a guardian to make medical, financial and other decisions for them.

Between September 2011 and August 2012, more than 4,500 adult guardianship petitions were filed in probate courts across the state. Of those, 206 were filed in Travis County.

Those involved in the process say people often need guardians for reasons such as dementia or failing health. But sometimes people who need help don’t realize it or can’t recognize the signs of trouble, said Travis County Probate Court Judge Guy Herman. They don’t see that they are being scammed by strangers or giving away all their money.

Consequently, they balk at the the idea of needing a guardian, Herman said.

“Let’s face it, when there is a guardianship, somebody’s losing some rights,” he said. “It’s a loss of freedom and they’re well aware of it.”

Paulos certainly was.

“I am very hurt that they put this through the court,” she said. “I am not incompetent.”

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Woman’s Costly Court Battle Prompts Call for Reform of Guardianship System

Colorado Bill Requiring Reporting of Elder Abuse Progresses

A bill that would mandate elder abuse reporting in Colorado is finally on its way to becoming law.

Senate Bill 111 requires individuals in certain professional fields to report known or suspected cases of abuse involving people age 70 or older.

 The bill passed the House May 1 on a 56-8 vote, after it had previously breezed through the Senate.

Rep. Sue Schafer, D-Wheat Ridge, a House sponsor of the bill, said the legislation is “over 20 years” in the making.

“It’s failed several times, but we’ve finally got it right,” Schafer said during a recent House debate.

“This demographic is as important to protect as it is with child abuse.”

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Bill Requires Reporting of Elder Abuse

Georgia Governor Signs Elder Abuse Bill

Governor Nathan Deal made a stop in Moultrie to sign a bill for elder abuse.
The Elder Abuse Act passed the House with a unanimous vote. During his stop in southwest Georgia to sign the bill, Governor Deal stated this shows how much lawmakers are dedicated to protecting those who can’t protect themselves.

“I think it indicates an acknowledgement on the part of the general assembly that they probably have heard of examples of elder abuse in their particular parts of the state and they came together and said this is something that really does need to be done,” said Governor Nathan Deal, (R)-Georgia.

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Governor Nathan Deal Signs Elder Abuse Bill

Mandatory Elder Abuse Reporting Bill Heads to Colorado’s Governor

A bill requiring people in certain occupations — ranging from physicians to clergy members — to report abuse or exploitation of seniors in Colorado is heading to to the governor’s desk.

Senate Bill 111 passed through the House Wednesday morning and will now go to Gov. John Hickenlooper to be signed into law. Currently, Colorado is one of three states that does not require certain professionals, such as caretakers for elders, to report abuse or exploitations against seniors.

The bill will require nurses, chiropractors, law enforcement officers, dentists, nursing home staff, home health care workers and others to report any abuse or exploitation of anyone over the age of 70.

These mandatory reporters will be required by law to report any incidents to law enforcement within 24 hours of observing the abuse.

The bill was amended in committee to clarify that while clergy members are considered mandatory reporters, the “penitent privilege” that allows a clergy member keep certain information confidential, such as a parishioner giving a confession to a priest, still applies.

Any mandatory reporter who willfully fails to report the abuse could face a class 3 misdemeanor charge.

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Mandatory Elder Abuse Reporting Bill Heads to Governor’s Desk

NY: UAGPPJA Bill Would Ease Guardianship of Out of State Elderly Relatives

The AARP is urging state lawmakers to pass a bill that would make it easier and cheaper for New Yorkers to care for elderly relatives located in another state.

Sen. Kemp Hannon, R-Nassau County, said during a news conference Tuesday that the bill would simplify the process for individuals who act as legal guardians to family members across state lines.

The Senate passed the bill later in the day.

“Right now, if somebody has a guardianship and goes to another state, you have to go through the process all over again,” said Hannon, who is also chairman of the Senate Health Committee. “It’s the same as if you come in to New York or if you go to another state.”

New York would become the 37th state to adopt the measure. Current law dictates that state residents comply with other states’ court systems for elderly care.

Assemblywoman Helene Weinstein, D-Brooklyn, said New Yorkers often move to another state while their parents remain home, needing help with health-care management.

“It allows the guardianship to travel with the individual instead of a new procedure having to be started,” Weinstein said. “It is one of these proposals that makes so much common sense, you kind of wonder why we haven’t had this in place before.

AARP said it is pushing the measure nationwide in order to create a uniform standard that allows individuals to file a registration form in other states where their relatives live.

AARP said the person’s home state would have primary jurisdiction.

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Bill Would Ease Guardianship of Out of State Elderly Relatives

New TN Conservatorship Law Comes Too Late for Some Wards

Shannon Hill says much of the past two years of her life has been unbearable. Even the most basic of decisions about her daily life were taken away.

Hill, 67, was placed in a court-ordered conservatorship in 2009, although she says she had never set foot in the Nashville courtroom where her fate was decided.

Her attempt to regain control of her life comes amid increased public attention on the Tennessee law governing conservatorships. A major rewrite of the statute was approved by the legislature and now awaits Gov. Bill Haslam’s signature.

The bill sets new notification and hearing requirements for conservatorships, meaning someone like Hill would have to be given an opportunity to be heard in the courtroom. The new provisions won’t affect Hill’s case, however. They apply only to cases initiated after July.

Hill, who lives at an independent living facility, complains that her life “has been one misery after another.” Her condominium and two cars were sold. And she said all aspects of her life are controlled by her conservator and cousin, Kathy Mangrum.

Mangrum has filed a request to be removed as Hill’s conservator, and a hearing is scheduled for Wednesday in Probate Judge David Randy Kennedy’s court.

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New Conservatorship Law Comes Too Late for Some Wards

Florida: Elderly Advocates Battle Bill to Limit Punitive Damages Against Nursing Homes

Families of nursing home patients and advocates for the elderly are once again fighting legislation that would make it tougher to sue the homes for neglect.

Despite the emotional testimony from the families of nursing home patients who suffered abuses, the bill cleared its last stop on Monday — with a 12-3 vote by the Senate Rules Committee — and is headed to the Senate floor.

Ken Thurston and his sister, Sandra Banning, who have been speaking out against this legislation, told committee members their mother, Virginia, was raped in 2002 at a Jacksonville nursing home by another resident with a history of sexual assaults. The siblings never collected a $750,000 verdict from the owner of the Glenwood Nursing Center (then called Southwood), which was later shut down. The siblings fear it will be even harder to have any recourse against a troubled nursing home if SB 1384 becomes a law.

“When we decided to sue the nursing home, money had nothing to do with it,” Banning said. “I wanted a judgment to be able to force a change.”

Thurston asked the panel: “Who benefits from this legislation? To put it another way, whose rights are being subordinated and whose are being protected by this bill?”

The nursing home industry “is just asking for fairness,” said Kristen Knapp, communications director for the Florida Health Care Association, the trade group representing 500 of the state’s nearly 700 nursing home facilities.

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Tallahassee:  Elderly Advocates Battle Bill to Limit Punitive Damages Against Nursing Homes