In Support of 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 individuals in the United States is projected to increase significantly over the next two decades, likely resulting in a substantial rise in court cases involving guardianship, conservatorship, and elder abuse. State court systems and individual courts have recognized the need to improve the process for considering guardianship and conservatorship petitions and monitoring court orders related to them. Research by the National Center for State Courts has identified both problems and promising practices in these areas. The Report of the CCJ/COSCA Joint Task Force on Elders and the Courts recommended that each state court system collect and report guardianship and conservatorship case data annually, implement improved procedures for monitoring guardians and conservators, and explore technological tools for tracking and oversight.
The 2010 COSCA White Paper, The Demographic Imperative: Guardianships and Conservatorships, supports the creation of a Guardianship Court Improvement Program to help courts improve both consideration of guardianship/conservatorship petitions and monitoring practices. Additionally, the Third National Guardianship Summit, which included delegates from ten national organizations, adopted a comprehensive set of standards and court-focused recommendations for guardianship performance and decision-making.
Further underscoring the need for reform, the Senate Special Committee on Aging has commissioned multiple Government Accountability Office reports and held hearings regarding the lack of coordination between the Social Security Administration (SSA), the Department of Veterans Affairs, and state courts. These reports demonstrate a substantial federal interest in addressing elder abuse and exploitation and emphasize the need for federal financial support to improve data collection, evaluation, and oversight procedures.
Currently, no federal grant programs exist to assist state courts with the responsibilities related to guardianship monitoring, conducting background checks, or utilizing technology to simplify fiduciary reporting and oversight. The proposed Court-Appointed Guardian Accountability and Senior Protection Act (S. 975) would amend the Elder Justice Act demonstration grant program to allow the highest court of each state to apply for funding. These funds would support programs assessing the fairness, safety, and efficiency of guardianship/conservatorship proceedings, and allow implementation of improvements, such as mandatory background checks and electronic reporting systems to streamline the process and enhance fraud detection.
Modeled after the successful 1993 Court Improvement Program for child protection cases, this proposed act is anticipated to deliver similar benefits to the elder justice system — improving outcomes while preserving judicial independence.
NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices and the Conference of State Court Administrators urge the United States Congress to enact the Court-Appointed Guardian Accountability and Senior Protection Act and to appropriate sufficient funds to fully implement its provisions.
Adopted as proposed by the CCJ/COSCA Elders and the Courts Committee at the 2013 Annual Meeting on July 31, 2013.