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
State courts are projected to see a significant increase in adult guardianship and conservatorship cases due to a growing older adult population, longer lifespans, heightened awareness of mental health and capacity issues, and the increasing number of adults with disabilities. The U.S. Senate Special Committee on Aging has, over the past nine years, commissioned a series of reports from the Government Accountability Office (GAO 04-655, GAO-06-1086T, GAO-10-1046, GAO 11-678, and GAO-13-110) and convened hearings that highlight a troubling lack of coordination between the Social Security Administration (SSA), the Department of Veterans Affairs (VA), and state courts in matters involving conservatorships, financial exploitation, and elder abuse.
These GAO reports underscore a substantial federal interest in coordinated benefits oversight, noting that the lack of a systematic method for information exchange may leave incapacitated individuals vulnerable and increase federal expenditures. The 2010 COSCA White Paper, The Demographic Imperative: Guardianships and Conservatorships, called on the federal government to partner with states to foster a more coordinated national response. Similarly, the 2013 National Probate Court Standards emphasize the importance of communication between courts and federal agencies such as the SSA and the VA to explore less restrictive alternatives to guardianship and improve outcomes.
In 2013, the Elder Justice Coordinating Council recommended increased collaboration between courts and agencies to reduce financial exploitation by fiduciaries. The Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) have previously endorsed the Guardian Accountability and Senior Protection Act (S. 975), which would enhance communication between courts and government entities overseeing representative payment programs.
NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices and the Conference of State Court Administrators urge enhanced coordination between state courts and both federal and state agencies responsible for administering representative payee programs, with the goal of better protecting vulnerable adults under 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.