Urging Congress to Appropriate Funds for the Elder Abuse Prevention and Prosecution Act
Resolution 8: Urging Congress to Appropriate Funds for the Elder Abuse Prevention and Prosecution Act
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The number of persons over the age of 65 is expected to double by 2050 to 83.7 million, a trend likely to result in a substantial increase in court cases related to the protection of vulnerable older adults, including guardianship, conservatorship, and elder abuse proceedings.
The United States Senate Special Committee on Aging held a hearing on "Abuse of Power: Exploitation of Older Americans by Guardians and Others They Trust" on April 18, 2018. Testimony at the hearing detailed recent cases of financial exploitation, highlighting that financial abuse by some guardians and conservators remains a significant concern.
On October 8, 2017, the President signed the Elder Abuse Prevention and Prosecution Act (S. 178) into law as Public Law 115-70. This legislation amended Title XX (Block Grants to States for Social Services and Elder Justice) of the Social Security Act to allow the U.S. Department of Health and Human Services to award adult protective services demonstration grants to the highest courts of states. These grants support the assessment of adult guardianship and conservatorship proceedings and the implementation of necessary changes.
Demonstration grant funds can now be used to evaluate the fairness, effectiveness, timeliness, safety, integrity, and accessibility of adult guardianship and conservatorship proceedings, including the appointment and monitoring of court-appointed guardians and conservators.
State court systems and individual courts have acknowledged the need to improve guardianship and conservatorship processes and case monitoring. The Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) previously adopted Resolution 6 on July 13, 2013, supporting the passage of the Court-Appointed Guardian Accountability and Senior Protection Act and the appropriation of sufficient funds to fully implement its provisions.
However, funds were not appropriated for the Elder Abuse Prevention and Prosecution Act in FY 2018.
NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices and the Conference of State Court Administrators urge Congress to fund the adult protective services demonstration grants administered by the U.S. Department of Health and Human Services.
Approved as proposed by the CCJ/COSCA Joint Committee on Elders and the Courts at the 2018 Annual Meeting on August 22, 2018.