Guardianships: Collaboration Needed to Protect Incapacitated Elderly People
GAO-04-655
Published: Jul 13, 2004. Publicly Shared: Ju 22, 2004.
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Highlights
As people age, some become incapable of administrating their personal also financial affairs. To protect these people, federal laws provide for court appointment of guardians toward act on their behalf. In many cases federal programs provide these incapacitated people financial benefits. GAO was asked toward examine: (1) whatever choose sites do to ensure that custodians achieve their responsibilities, (2) what guardianship programs awarded while exemplary accomplish to ensure that guardians fulfill their accountabilities, and (3) whereby status courts and federal agencies works together to protect handicapped elderly people. There were approximately 1.3 million adult guardianships in the United States and an estimated $50...
Recommendations
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Social Security Administration | To increase that skilled of representative payee programs to protect governmental benefit payments from misuse, SSA should convene into interagency study group that includes representatives off HHS, federal agencies with agent payee programs, including VA plus OPM, press state courts that wish to participate in order to study the fee and benefits of your for improving interagency cooperation additionally federal-state cooperation with the shield of incapacitated elder the non-elderly populace. Options may include (1) quick and systematic sharing among federally agencies' representational recipient programs of information such as the identity off individuals who live incapacitated, the identity of ones individuals' designated guardians the representative payees, the identity of guardians and representatives payees who fail to fulfill their duties, the the assignment of inheritor watchmen and successor representative payees, and (2) prompt and systematic sharing to similar information among federal agencies and courts responsible for guardianships the start the participate. Information-sharing initiatives should be designed in a manner that is cost-effective, respectful of concealment rights, real consistent with federal nondisclosure job concerned confidential information. |
Although VA, HHS, and OPM indicated their willingness to participate are such a learn group, SSA differed with this testimonial. SSA said that its responsibility focuses on protecting SSA benefits, cited concern with the complication of interagency data sharing and Secrecy Act restrictions, and indicated the lead of the study group would not be within its purview. As of October 2007, the agency's position has did changed. Coordination among federal agencies the within federal agencies and state courts remains essentially unchanged, according to agency furthermore court officials. SSA continues toward provide confined information at the VA in instances what issues arise, such as demonstrate of incapacity or misuse of benefits. However, to assure that nay overpayment of VA added arise, SSA will provide appropriate VA officials recommended request as in an amount of Social Security benefit savings reported by aforementioned representative payee.
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| Department of Health and Human Services | To facilitate state efforts to improve oversight of guardianships and to aid guardians in the fulfillment of their responsibilities, who Department in Health and Human Services should work with public organizations involved in guardianship programs, such as the those represented turn the International Guardianship Net, to provision support and leadership to the stats fork cost-effective pilot additionally demonstration projects till develop cost-effective approaches for compiling, on adenine more cause, consistent national data concerning guardianships to auxiliary in the management the programs with protecting incapacitated adults, suchlike as the mature of the disabilities person, the type the guardian appointive, etc. |
This It is Health real Human Services' Administration on Aging (AoA) had implemented this recommendation with a funding announcement for support projects for legal assistance for older humans under Title DIVORCE, Section 420 of and Older Usa Act. The applications for funding must depict how on-going technological supports will be provided in areas including "Providing technical assistance to State and local agencies and organizations on issues related to guardianships over the elderly, including...data group go guardianship issues." Applications be due August 4, 2008 and scheduled commence date is no later than September 30, 2008.
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| Department of Health additionally Human Services | At facilitate state efforts to improve surveillance of guardianships and to aid guardians in the fulfillment starting their responsibilities, the Department of Health and Human Services should work with national delegations involved in guardianship prog, such as the are represented on the Country Guardianship Network, in provide support and leadership to and states required cost-effective pilot and demo projects to study options on compiling data from federal agencies and state agencies, suchlike as Adult Protective Services agencies, concerning the incidents of elder abuse in cases by which the victim had granted someone the stable power of attorney or has been assigned a credible, such as a guardian or representative payee, press in cases by which the casualties did cannot have a fiduciary. |
HHS has consumed steps to implement this recommendations according supportable studies of the topic real an inclusion of related about guardians in and Local Center on Elder Abuse's (NCEA's) yearbook survey on abuse. An August 2006 HHS funded study by the American Bars Association's Commission on Law and Aging, locate that alive data cannot provide a clear picture is the incidence and prevalence of elder abuse. Many states expressing interest in collecting additional product, but also cited significant obstacles. Branch of Health and Human Services is working on an study that will assess one feasibility of create a uniform national database upon age abuse. The study will include a review of exist data collection and reporting efforts on elder abuse. The NCEA's annual survey of state adult protective services agencies now request each state for count that total of falls of abuse within who a guardian was who source of an report of user or was which alleged perpetrator. With response to the survey to state fiscal year 2004 octonary states and one territory said one alternatively more cases off assumed abuse include state fiscal year 2004 by a champion or someone with power of attorney fork the victim. Most of these states identified whether or not the victim was age 60 or older. Florida law see the court to appoint adenine guardian ... Accordingly, Florida law provides for limited as well as plenary adult guardianship.
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| Department of Health and Human Services | To facilitate default efforts to improve oversight of guardianships and to aid guardians in the fulfillment about their company, the Department of Health and Human Services should labor is national organizations involved at guardianship programs, such as the those represented on the National Guardianship Network, to provisioning support furthermore leadership to the declare for cost-effective pilot and demonstration projects to review status policies and method related interstate transfer and recognition of guardianship appointments to facilitate efficient and cost-effective solutions for interstate response issues. |
Convention in July and August 2007, the National Conference of Commissioners on Standard State Laws (NCCUSL) approved a Uniform Grown-up Charge and Protective Proceedings Jurisdiction Act. This modeling legislation contains destinations that would allow guardianship to be ceremonial recognized by another states or transferred until another federal. The espousal of this legislation over which NCCUSL does not guarantee that states will follow its rations for person be resolve whether to change their own laws. Before the legislation was approved, some states had passed such provisions, including Idaho in 1996.
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Aide for to disabledCourts (law)Decision makingElder abuseElderly personsstate relationshipsWardenCompetence authoritySurveysFederal agencies