Encouraging Collaboration Between State Courts and Federal and State Representative Payee Programs
Resolution 4 Encouraging Collaboration Between State Courts and Federal and State Representative Payee Programs
The state courts are likely to experience a substantial increase in adult guardianship and conservatorship cases as a result of the growing population of older adults, increased longevity, greater awareness of mental health and capacity issues, and a rise in the number of adults with disabilities.
The Senate Special Committee on Aging has requested a series of reports from the Government Accountability Office over the past nine years and held a series of hearings detailing the lack of cooperation and coordination by the Social Security Administration and the Department of Veterans Affairs with state courts regarding conservatorships, financial exploitation, and the abuse and neglect of seniors by their guardians and conservators.
These Government Accountability Office reports have recognized a substantial federal interest in the coordination of benefits, noting that "the absence of a systematic means of compiling and exchanging pertinent information may leave many incapacitated people at risk and result in the misuse of benefits and increased federal expense."
The 2010 Conference of State Court Administrators White Paper, The Demographic Imperative: Guardianships and Conservatorships, requested that the federal government partner with states to create an expanded and coordinated national response. In addition, the 2013 National Probate Court Standards notes the importance of coordination between the courts and the Social Security Administration, other federal agencies, or fiduciaries appointed by the Department of Veterans Affairs to handle government benefits and to determine less intrusive alternatives.
The Elder Justice Coordinating Council also put forward a proposal to "reduce financial exploitation by fiduciaries through enhanced oversight and collaboration among federal and state court entities" at its May 2013 meeting.
The Conference of Chief Justices and Conference of State Court Administrators have previously passed a resolution in support of the proposed Guardian Accountability and Senior Protection Act (S. 975), which would promote greater coordination between state courts and governmental agencies that administer representative payment programs for benefits.
NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices and the Conference of State Court Administrators urge improved coordination between state courts and state and federal governmental agencies that administer representative payment programs for the purpose of protecting vulnerable adults placed under a guardianship or conservatorship.
Adopted as proposed by the CCJ/COSCA Committee on Elders and the Courts at the COSCA Midyear Meeting on December 5, 2013 and the CCJ Midyear Meeting on January 29, 2014.