Wednesday, September 28, 2011

Senate Judiciary Subcommitee on Administration and the Courts Holds Hearing on Guardianship

U.S. Sen. Amy Klobuchar held a hearing (Thursday, Sept. 22) on protecting seniors and persons with disabilities from abuse and neglect by guardians.

During the hearing, Klobuchar called for more accountability and oversight of court-appointed guardians to ensure that seniors are safe and receive the care they deserve. Klobuchar chairs the Senate Judiciary Subcommittee on Administrative Oversight and the Courts.

Klobuchar invited Minnesota State Ombudsman Deb Holtz to testify at the hearing. Holtz serves as the State Ombudsman for Long-Term Care, a service of the Minnesota Board on Aging, and is the top consumer advocate for thousands of elderly Minnesotans.

“We know from experience, unfortunately, that many people are being ill-served by their guardians and conservators. We also know that many court systems simply lack the resources to effectively monitor this enormous system,” Holtz said. “We are very supportive of Senator Klobuchar’s action to now take on this issue at the federal level. It should be a given that we all age without any abuse, neglect, or financial exploitation and that our lives will continue to be filled with dignity.”

In addition to Holtz, other witnesses that testified at the hearing included Kay Brown, Director of the GAO’s Education, Workforce and Income Security team; Naomi Karp, Strategic Policy Advisor for the AARP Public Policy Institute; Robert Baldwin, Executive Vice President and General Counsel for the National Center for State Courts; and Michelle Hollister, Managing Partner at Solkoff Legal, P.A., and former Executive Director of the Florida Statewide Public Guardianship Office.

Full Article and Source:
Sen Klobuchar Chairs Hearing on Protecting Seniors From Abuse, Neglect

View the Hearing

Read the 2010 GAO Report: Guardianships - Cases of Financial Exploitation, Neglect and Abuse of Seniors

8 comments:

Thelma said...

I hope this is not another one of those dog and pony shows, but that it will really go somewhere toward STOPPING the abuse.

Anonymous said...

Kudos to Senator Klobuchar and the Senate JUDICIARY Subcommitee for their willingness to address the issue of financial exploitation during guardianship proceedings.

In Cook County IL, predatory and exploitative guardianship proceedings occur frequently.

We urge the Senate JUDICIARY Subcommittee to explore in depth how wards' estates are depleted rapidly by attorneys' fees and guardians' fees. Family members are removed as guaridians, and collusive methods are utilized by court players to foster the appointment of their colleagues as guardian of the ward, and then the estates are rapidly depleted.

Medicaid fraud and abuse occurs frequently with the use of OBRA Special Needs Pooled trusts. VA benefits are inappropriately utilized as well.

TO truly effect change, we urge the Senate JUDICIARY Subcommittee to examine the role of the JUDICIARY in exploitative guardianship proceedings.

More about the situation in Cook County (Chicago) IL can be read at www.probatesharks.com

StandUp said...

It was embarrassing to me that only three Senators were present for the hearing - Klobuchar, Franken, and Blumenthal.

Where was Senator Herb Kohl? Didn't he just proclaim elder abuse to be his cause just the other day?

Sue said...

Kohl could have had the courtesy to attend this hearing although he might have a hard time defending his position that certification and 'training' is the remedy for all that is wrong with the conservatorship guardianship industry.

Industry describes this to a T.

Ungregulated unsupervised it's a free for all.

No one is keeping track of the income generated by this industry.

Why? Shock and horror the total amount for one year would be staggering and cause unrest and possible marching in the streets demonstrating for regulation and reform.

And I have a question for Wisoconsin Senator Herb Kohl (D) what is the source, who and where is responsible for certifying and 'training' guardians and conservators?

And what are the costs? The fees for certification and 'training'?

And, who would be collecting the money?

Would the NGA National Guardianship Association be part of this profit margin?

Norma said...

I am glad to see another Senate Committee take guardianship abuse on,especially since the Senate Special Committee on Aging has done nothing but have meetings with small results.

Thank you Senator Klobuchar and Committee.

Anonymous said...

Yep, another dog and pony show. Nothing will change.

Betty said...

Victims are counting on your Senator Klobuchar!

Tom said...

Yes, we really do, Betty.