Klobuchar, Cornyn introduce bipartisan legislation to protect seniors from neglect and abuse by guardians

NEWS RELEASE — Washington, D.C. - U.S. Sen. Amy Klobuchar (D-MN) and John Cornyn (R-TX) this week introduced bipartisan legislation to help protect seniors from neglect and financial exploitation.

The Court-Appointed Guardian Accountability and Senior Protection Act would help crack down on elder abuse by strengthening oversight and accountability for guardians and conservators. The bill is similar to legislation the senators introduced last year.

“Seniors deserve to live their lives safe from abuse and mistreatment,” Klobuchar said. “While most court-appointed guardians are undoubtedly professional, caring and law-abiding, there is mounting evidence that some guardians use their position of power for their own gain. This legislation would help increase accountability and oversight of guardians and protect those who are most vulnerable.”

“Caring for our seniors is an important role that many choose to take on, and I am grateful for all the support that the majority of guardians provide for these members of our communities,” said Cornyn. “I’m proud to sponsor legislation that will provide valuable safeguards for all seniors by adding accountability to the court process of appointing guardians.”

The senators’ legislation would provide support to states to implement programs to increase oversight of guardians and conservators.

Specifically, the bill makes state courts eligible for an already existing program designed to protect seniors. Under the program, state courts would be able to apply for funding to assess the handling of proceedings relating to guardians and conservators, and then make the necessary improvements to their practices. For example, the courts could conduct background checks on potential guardians and conservators, or implement an electronic filing system in order to better monitor and audit conservatorships and guardianships. The legislation is supported by the Conference of Chief Justices, the Conference of State Court Administrators, and the National Guardianship Association.

A report by the Government Accountability Office (GAO) identified hundreds of allegations of physical abuse, neglect, and financial exploitation by guardians in 45 states and the District of Columbia between 1990 and 2010.

The report reviewed 20 of these cases and found that guardians had stolen, or otherwise improperly obtained, $5.4 million from 158 incapacitated victims, many of whom were older adults.

Klobuchar has been a leader in helping to protect seniors from abuse and financial exploitation.

Earlier this week Klobuchar’s amendment to the immigration reform bill to help protect victims of elder abuse passed the Senate Judiciary Committee. The amendment would classify “elder abuse” as a crime for which a victim could seek a visa through law enforcement to prevent being forced to remain silent about abuse.

Earlier this year, Klobuchar’s outreach staff held a “Senior Fraud Prevention Tour,” meeting with officials and organizations in communities across Minnesota to highlight efforts to protect seniors from fraud and financial scams.

 
  • Mary I Waddell

    Thank you for sponsoring this legislation. As the wife of William Waddell, whose death was hastened by the poor care of his guardian, a guardian forced upon my husband, without my option to retain an attorney, I am grateful for a stop– or slowdown– of this type of legally approved cruelty. In my case, the guardian did not get any money, but she got something even more valuable to me — control of the 68 year old patient, my husband.

  • http://www.StopGuardianAbuse.org NASGA

    Take the “or” out of “the courts could conduct background checks on potential guardians and conservators, or implement an electronic filing system in order to better monitor and audit conservatorships and guardianships.”

    They need to do both!

    In this age of hi-tech, anyone can get a background check done for a small fee.
    And computerization of all facets of fiduciary control can put an end to unlawful and abusive guardianships.

    • http://www.fiduciarywatch.org FiduciaryWatch

      Well said . . .

  • http://www.fiduciarywatch.org FiduciaryWatch

    Take the “or” out of “the courts could conduct background checks on potential guardians and conservators, or implement an electronic filing system in order to better monitor and audit conservatorships and guardianships.”

    They need to do both!

    And, add that all Probate Court Investigators, be background checked, and fiducairy educated.

Purchase Photos

menards flyer promo