The Court-Appointed Guardian Accountability and Senior Protection Act
Resolution 6 In Support of the Court-Appointed Guardian Accountability and Senior Protection Act
The number of elderly persons will increase significantly over the next 20 years, and this trend is likely to result in a substantial increase in court cases regarding the protection of vulnerable elderly persons, including guardianship, conservatorship, and elder abuse proceedings. State court systems and individual courts have recognized the need to improve the process for considering petitions for guardianship and conservatorship of adults and the monitoring of guardianship and conservatorship orders.
Research by the National Center for State Courts has identified problems and promising practices regarding the monitoring of guardianship and conservatorship cases. The Report of the Conference of Chief Justices and Conference of State Court Administrators Joint Task Force on Elders and the Courts recommended that each state court system: (1) collect and report the number of guardianship and conservatorship cases filed, pending, and concluded each year; (2) implement improved procedures for monitoring the performance of guardians and conservators and the well-being of incapacitated persons; and (3) explore ways in which technology can assist in documenting, tracking, and monitoring guardianships.
The 2010 Conference of State Court Administrators White Paper, The Demographic Imperative: Guardianships and Conservatorships, recommends establishing a Guardianship Court Improvement Program to assist courts nationwide in improving the guardianship and conservatorship process. Additionally, delegates from ten national organizations at the Third National Guardianship Summit adopted standards for guardian and conservator performance, including recommendations for court action.
The Senate Special Committee on Aging has requested a series of reports from the Government Accountability Office and held hearings over the past seven years regarding problems in guardianship and conservatorship monitoring, lack of cooperation from federal agencies, financial exploitation, and abuse of seniors by guardians and conservators. These reports recognize a substantial federal interest in guardianship and elder abuse issues and emphasize the need for federal financial assistance to states to improve data collection and implement innovative practices to prevent abuse and exploitation.
Currently, there are no federal grant programs available to assist state courts in meeting these responsibilities or testing methods for background checks, simplified reporting, or improved fiduciary review processes. The proposed Court-Appointed Guardian Accountability and Senior Protection Act (S. 975) would amend the Elder Justice Act to allow state courts to apply for demonstration project funds to assess and improve guardianship and conservatorship proceedings. Funds would support initiatives such as background checks, electronic reporting systems, and fraud detection.
The Court Improvement Program, established in 1993 for child protection cases, has successfully enhanced judicial efficiency and case monitoring while respecting judicial independence. It is anticipated that similar benefits would result from the Elder Justice Act demonstration projects.
NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices and the Conference of State Court Administrators urge Congress to enact the Court-Appointed Guardian Accountability and Senior Protection Act and appropriate sufficient funds to fully implement the provisions of that Act.
Adopted as proposed by the CCJ/COSCA Elders and the Courts Committee at the 2013 Annual Meeting on July 31, 2013.