New guardianship report offers best practices
and other guidance
Elder abuse is a critical problem in the United States and – with the aging of the Baby Boomer population – likely to become an even greater one. While most guardians are well meaning and responsible, court oversight is important. The ABA supports policies to strengthen the accountability of guardians through strong and consistent court monitoring.
With variations among state and local laws regarding monitoring, this supervision does not always operate effectively. A new report, "Guarding the Guardians: Promising Practices for Court Monitoring" outlines proven techniques from exemplary courts. The AARP Public Policy Institute and the ABA Commission on Law and Aging wrote the report, which was released at a Dec.13 press conference in conjunction with the U.S. Senate Special Committee on Aging.
Among the programs currently in place that are highlighted in the report are:
A Maricopa County, Arizona, court has developed a detailed case management and database system to flag problems and track events.
Legal staff and experienced volunteer visitors in Tarrant County, Texas, maintain close watch of cases that warrant doing so.
In Suffolk County, New York, the state’s chief judge is an ardent advocate for a "model guardianship court," which features innovative monitoring practices.
The guardianship report also provides suggestion on how courts can better track guardianship cases. For example, courts can create a checklist of elements for staff to use in reviewing cases, can develop a database that includes upcoming due dates so that a notice may be sent to guardians and can encourage meetings between judges and advocates from social entities such as agencies on aging to discuss common problems and possible solutions.
Suggested practices from the report include an e-filing system, conducting random audits, monitoring through home visits, consistent follow-through and, where necessary, appropriate sanctions for misconduct.
More information about the report may be found here.
