Report Details Ways to Improve Guardianship System in US

Published in the Woonsocket Call on December 2, 2018

Just days ago, the U.S. Senate Special Committee on Aging held an afternoon hearing in the Senate Dirksen Office Building to alert Congress to appalling stories gathered across the nation regarding abusive guardianships that are taking advantage of vulnerable older adults. At this hearing the Senate Aging Committee also released its annual report that takes a look at an examination of guardianship arrangements including research and recommendations on ways to improve the nation’s guardianship system.

Although guardians provide a valuable and essential service for many older Americans, from deciding where an individual will live and when to seek medical care to choosing if family members are allowed to visit and how to spend retirement savings, unscrupulous guardians acting with little oversight have used legal guardianship proceedings to obtain control of vulnerable individuals and have then used that power to liquidate assets and life-time savings for their own personal gains.

Last April, the Committee held the first hearing in a two-part series this year on the abuse of power and exploitation of older Americans by guardians. The Committee also held a hearing on guardianship in 2016. The Nov. 28th hearing is a continuation of the Committee’s longstanding commitment to bring awareness and prevention to the financial exploitation of older Americans.

Putting the Spotlight on Unscrupulous Guardians

U.S. Senators Susan Collins (R-ME) and Bob Casey (D-PA), the Chairman and Ranking Member of the Senate Aging Committee, put the legislative spotlight on this important legal issue and released the Committee’s 34-page report at the Wednesday hearing titled, “Ensuring Trust: Strengthening State Efforts to Overhaul the Guardianship Process and Protect Older Americans.”

The released Senate Aging Committee report is the culmination of a year-long examination of ways in which the legal system can be improved to better protect individuals subject to these and similar arrangements from abuse, neglect, and exploitation. It addresses three key areas – the importance of guardianship oversight, alternatives to guardianship, and the need for improved data and it makes 13 recommendations.

“An estimated 1.3 million adults are under the care of guardians – family members or professionals – who control approximately $50 billion of their assets,” said Collins, in her opening statement. “Guardianship is a legal relationship created by a court that is designed to protect those with diminished or lost capacity. We found, however, that in many cases, the system lacks basic protections leaving the most vulnerable Americans at risk of exploitation.,” she said.

“While most guardians act in the best interest of the individual they care for, far too often, we have heard horror stories of guardians who have abused, neglected or exploited a person subject to guardianship. As our report notes, there are persistent and widespread problems with guardianship arrangements nationwide,” says Casey in his opening statement. “This is why Senator Collins and I introduced the Guardianship Accountability Act to begin reforming the guardianship system to ensure the protection of seniors under guardian care from losing their rights, savings or possessions because a guardian abused their power,” he said.

Fixing the Nation’s Guardianship System

The Senate Aging Committee took testimony from four guardianship experts who gave their thoughts as to how to improve the system.

Cate Boyko, Senior Court Research Associate at the National Center for State Courts (NCSC), explained that the state court data it collected revealed that none of the states was able to fully report all the information on guardianships they requested. They found that the most serious issues involved local court authority, lack of standardized reporting, and limited technology.

Bethany Hamm, Acting Commissioner of the Maine Department of Health and Human Services, provided background information on the state’s Adult Protect Services and public guardianship program. Hamm discussed Maine Uniform Probate Code (UPC) enacted during the state’s last legislative session. The Maine UPC takes effect in July of next year and requires private guardians to report annually on the condition of the adult and account for money and other property in guardians’ possession or subject to guardians’ control.

Karen Buck, Executive Director at the Pennsylvania-based SeniorLAW Center, a nonprofit legal services agency, described the work her organization does to tackle issues such as guardianship through free legal representation, education, and advocacy for older Americans in Pennsylvania. She argued that guardianship remains an “important tool” to provide care for vulnerable seniors and therefore merits attention and reform.

Finally, Barbara Buckley, Executive Director at the Legal Aid Center of Southern Nevada, described the steps that her state has taken since 2014 to better protect individuals under guardianship. One year later, the Nevada Supreme Court created a Guardianship Commission to examine the guardianship system and recommend reforms., she said, detailing three significant areas of reform implemented in Nevada: the right to counsel, the protected person’s Bill of Rights and other statutory reforms, and the establishment of the Guardianship Compliance Office.

As a result of the Senate Aging Committee’s work to examine issues surrounding guardianship, Collins and Casey announced at this hearing that they were introducing the Guardianship Accountability Act. This bipartisan legislation would promote information sharing among courts and local organizations as well as state and federal agencies, encourage the use of background checks and less restrictive alternatives to guardianship, and expand the availability of federal grants to improve the guardianship system.

Congress Must Act

One of the report’s recommended actions to strengthen guardianship arrangements is for courts to conduct criminal background checks on ALL prospective guardians. To aid states in this pursuit, Casey and Collin’s legislation, the “Guardianship Accountability Act,” promotes oversight of guardianship arrangements and encourages information sharing among government agencies and with other relevant organizations. This bill would also allow states to fund data collection on guardianship arrangements and conduct background checks on guardians.

According to the National Center for State Courts, there are approximately 1.3 million adults and an estimated $50 billion of assets under guardianship arrangements. State courts are tasked with monitoring guardianships in order to protect individuals subject to guardianship from abuse, neglect and exploitation. Despite this responsibility, few states are able to provide courts with adequate resources to monitor guardianships effectively and hold guardians accountable.

When the new Congress begins, hopefully this legislation will sail through both chambers of Congress and be quickly signed by President Donald Trump. We will see…

To get the Senate Aging Committee’s guardianship report, go to http://www.aging.senate.
gov/imo/media/doc/Guardianship%20Report.pdf.

For a copy of the Guardianship Accountability Act, go to http://www.aging.senate.gov/imo/media/doc/
Guardianship%20Accountability%20Act%20of%202018.pdf.

To watch the one hour and forty-seven-minute Senate Aging Committee hearing, go to http://www.aging.senate.
gov/hearings/ensuring-trust-strengthening-state-efforts-to-overhaul-the-guardianship-process-and-protect-older-americans.

AARP Survey Gives a Snapshot of Midterm Election Results

Published in the Woonsocket Call on November 25, 2018

Before November 6, President Donald J. Trump and Congressional Republicans rolled the dice betting on what midterm election issues would propel them to a midterm election victory in retaining control of Congress. But the results were a mixed bag. While maintaining a majority in the Senate, the GOP lost control of the lower chamber.

Many were surprised that the Republican-controlled White House and Congress did not tout an improved national economy, but chose to focus their campaign attack ads on the intense Democratic attack on Judge Brett M. Kavanaugh’s character during his Supreme Court nomination hearing, a caravan of thousands of immigrants marching to the U.S.-Mexico border to escape poverty and violence in Guatemala, Honduras, and El Salvador and law and order. Democrats put their chips on access to health care, Social Security, Medicare, and putting the brakes on skyrocketing prescription drug costs.

Although the GOP maintained control in the Senate (by a majority of 52 to 47), voters put the Democrats in control of the House, with the winning of 232 seats, reaching the magical number of 218 seats, required to take control of the chamber.

Health Care a Key Issue for Voters in Midterm Election

Just days ago, the Washington, DC-based AARP released findings of a national poll of general election voters, along with over samples in both 39 GOP-held seats that flipped to a Democrat and 37 GOP-held seats targeted as competitive by the Cook Political Report that held for the GOP.

AARP’s bipartisan post-election poll, fielded jointly by Fabrizio Ward and Benenson Strategy Group, found that, for 50-plus voters, Social Security, Medicare, and health care were their top midterm issues, pushing them to vote. The 2,800-voter survey (of General Election voters) also indicated age 50 and over voters across the board are also concerned about bipartisan bickering and gridlock inside the Washington, DC – Beltway, saying they favored a candidate who will work across the aisle.

“Older Americans were crystal clear that health care was the most important issue in this election,” said John Hishta, AARP Senior Vice President of Campaigns in a statement announcing the release of the 22-page report detailing survey findings on November 16. “They want Congress to come together to find commonsense solutions to lowering health care costs and they can start by preventing drug companies from price gouging older Americans and all taxpayers.,” says Hishta.

Adds Tony Fabrizio, of Fabrizio Ward, “Fifty plus voters chose Donald Trump by a wide margin two years ago. This year they were instrumental in Democrats retaking the House. They have become a formidable swing voting block for 2020.”

“This election made it clear that candidates and parties can’t build a winning-coalition without older Americans – or take their vote for granted.” said Amy Levin, Partner Benenson Strategy Group.

Taking a Closer Look…

The AARP survey revealed that while voter survey respondents under age 50 were more likely to identify as Independents, those age 50 and over were most likely to affiliate as either Democrat or Republican.

According to the AARP survey, for age 50-plus voters, concerns about Social Security (83 percent), Medicare (79 percent) and health care (79 percent) were their top midterm issues. However, younger voters find education (67 percent), health care (64 percent) and the economy (66 percent) to be most important to them.

The findings clearly show that the surveyed voters sent a message at the polls on November 6 that they want Democrats and Republicans to govern and not to not get mired down in political gridlock. In GOP-held districts that Democrats flipped, 63 percent of the age 50 and over voters wanted elected officials to work in a bipartisan manner. For districts the GOP held, 65 percent of voters felt the same way. While voters of both political parties expect more political gridlock, younger voters surveyed were even more pessimistic when compared to age 50 voters that this could happen.

AARP’s post-midterm election survey revealed that a pink wave was key in electing Democratic candidates, say the pollsters. Age 50 and over women were instrumental in the Democrat’s in gaining House seats — they favored a Democrat for House by 12 percent in the districts Democrats flipped.

The AARP survey found that the majority of survey respondents approved many of Trump’s policies, while almost 2/3 disapproved of him personally. The pollsters also noted that in districts held by the GOP, 55 percent of age 50-plus voters approved of President Donald Trump’s policies and 38 percent approve of him personally.

But the AARP survey revealed that voters nationally and in Dem Flips wanted a check on Trump, especially the independent voters. Obviously, GOP Hold
districts voters were more favorable to Senate and House candidates who supported Trump ‘s policy agenda. Age 50 and over voters wanted a check on Trump (by 6-points), this being smaller than the margin of voters under age 50.

Both Democratic flips and GOP Hold Districts were whiter and older than the nation as a whole, but Democratic Flips took places in districts that were more suburban, educated and affluent. But, key to the Democratic national successes in both the Dem Flip & GOP Hold segments was Independents age 50 and over voting Democrat by double digit margins across the board.

Meanwhile, while less Democratic friendly than voters under age 50, those age 50 and over narrowly favored the Democratic candidate both nationwide and in districts Democrats flipped from Republicans. And, their support for Republican candidates in the GOP Hold districts helped Republican losses from being even worse.

In October, AARP released, a 52-page report, “2018 Mid-Term Election Voter Issue Survey,” that found that the majority of those surveyed said that they would vote for candidates that supported lowering health care costs, strengthening and reforming Social Security and Medicare, putting the brakes to skyrocketing prescription drug costs. AARP’s post-election survey clearly mirrors these priorities.

With the 116th Congress convenes on January 3, 2019, Republican and Democratic lawmakers along with President Trump must work to put aside their political differences and govern by crafting bipartisan legislation that benefits the nation. As can be seen by AARP’s bipartisan post-election survey, voters demand this.

For more details on the survey’s findings, call Colby Nelson at (202) 434-2584 or email, cnelson@aarp.org.

Cicilline to Reintroduce Resolution to Reestablish House Aging Committee

Published in the Woonsocket Call on November 18, 2018

In October 1992, the House eliminated the House Permanent Select Committee on Aging charged with investigating and putting a spotlight on aging policy. The Committee was instrumental in conducting research and publishing a number of reports on elder abuse, leading to the passage of reform legislation intended to improve nursing home operations and reduce abuse against patients. The Committee’s work also led to increased home care benefits for the aging, establishing research and care centers for Alzheimer’s Disease, and many other accomplishments on a broad array of aging issues.

Over 26 years later, on March 1, 2016, Congressman David Cicilline (D-RI) introduced his House resolution 160 to reestablish the Committee. He would attract Rhode Island Congressman James R. Langevin (D-RI) and 23 other cosigners (no Republicans) out of 435 lawmakers, but would ultimately see no legislative action taken. “I discussed this proposal with Speaker Paul Ryan (R- WI) and followed up with a letter asking him to move forward with this idea, but he declined to do so.”

“I think many of my Democratic colleagues didn’t think this resolution would get much traction with a Republican controlled House, but we did get Seniors Task Force Co-Chairs, Reps. Doris Matsui (D-CA) and Jan Schakowsky (D-IL), which was important,” says the Rhode Island Congressman.

A New Opportunity with a House Democratic Majority

With a Republican-controlled Congress successfully blocking Cicilline’s simple resolution from reaching the floor for a vote, the Democratic lawmaker says he will reintroduce House resolution 160 in the new Congress with the Democrats controlling the chamber’s legislative agenda. “With Democrats in the majority, I think there will be more interest from other members in this resolution,” he says, noting, “We will try to make this a bipartisan effort and hope to find Republicans who would be supportive.

“I will first reintroduce the resolution [in the new Congress] and build support from members and then present the proposal to my House leadership. We will try to make this a bipartisan effort and hope to find Republicans who would be supportive,” says Cicilline, noting that he will reach out to aging groups for support, including the Leadership Council on Aging Organizations, whose leadership includes Alliance for Retired Americans, the National Committee to Preserve Social Security and Medicare, and AARP.

“Of course, I would be honored to lead the reestablished House Permanent Select Committee on Aging, but that decision will be made by the incoming Speaker,” says Cicilline.

According to Cicilline, the House can readily create an ad hoc (temporary) select committee by approving a simple resolution that contains language establishing the committee—giving a purpose, defining membership, and detailing other aspects. Funding would be up to the Appropriations Committee. Salaries and expenses of standing committees, special and select, are authorized through the Legislative Branch Appropriations bill.

Cicilline says that a newly established House Permanent Select Committee on Aging would be charged to conduct comprehensive studies on aging policy issues, funding priorities and trends. As its predecessor, its efforts would not be limited by narrow jurisdictional boundaries of the standing committee but broadly at targeted aging policy issues.

“Our nation’s seniors deserve dedicated attention by lawmakers to consider the legislative priorities that affect them, including strengthening Social Security and Medicare, reducing the costs of prescription drugs, and the particular challenges of poverty, housing, long-term care, and other important issues,” adds Cicilline.

Aging Advocates Call for Reestablishing the House Select Committee on Aging

When Max Richtman, CEO and President of the Washington, D.C-based National Committee to Preserve Social Security and Medicare (NCPSSM), and former Staff Director of the Senate Special Committee on Aging, heard of Cicilline’s efforts to bring back the House Select Committee on Aging almost three years ago, he remarked, “It’s long overdue.” The Select Committee will once again provide serious oversight and lay the ground work for House legislative proposals impacting Social Security, Medicare and Medicaid, he said.

Richtman says that NCPSSM has just joined a working group to push for the reestablishment of the House Permanent Select Committee on Aging spearheaded by Howard Bedlin of the National Council on Aging. This group will devise strategies to resurrect the Committee, adds Richtman.

Richard Fiesta, Executive Director at the Alliance for Retired Americans, whose organization chairs the LCAO, representing over 70 aging groups, says that its membership voted this month to support and push for the reestablishment of the House Select Committee on Aging. “Members during the discussion expressed views that the Committee can be a focal point on aging issues such as such as Medicare, Social Security, Medicaid, long term care, and prescription drug prices,” says Fiesta, noting that it could provide important oversight on the U.S. Administration of Aging programs and be a forum for emerging issues such as home care needs.

“With 10,000 American turning age 65 each day, a Select Committee on Aging would be an important step in addressing the needs of older Americans,” says Fiesta.

Bill Benson, a former staff director of the Subcommittee on Housing and Consumer Interests, one of the four subcommittees of the House Select Committee on Aging, concurs with Richtman that the establishing the Committee is “long overdue.”

“During the 26 years we’ve been without the House counterpart to the Senate Special Committee on Aging,” which Benson also served on, “the House has not had an equivalent powerful voice for advancing critical issues for an aging society as we’ve had in the Senate. To successfully improve national policy requires both chambers of the Congress to be fully engaged. Restoring the House Select Committee on Aging would be important to do that.”

Howard Bedlin, National Council on Aging Vice President of Public Policy and Advocacy, adds: “A House Select Committee on Aging will raise visibility of the challenges older Americans are facing every day and support the work of authorizing committees to craft bipartisan policy solutions. Aging is an issue for all Americans. Discussion about the systemic strains that come with longevity and a growing aging population, or highlighting the many intergenerational needs of families across the country can only lead to better understanding and ultimately better support for all Americans as we age.”

Taking an Important Step to Protecting Seniors

As Cicilline gears up to put together the bipartisan support to pass his reintroduced to reestablish the House Permanent Select Committee on Aging, he says, “Overall, this resolution represents an important step towards protecting our seniors and the benefits they have earned, like Social Security and Medicare.”

“The reestablishment of this Select Committee on Aging would emphasize Congress’ commitment to our current and future seniors and would allow us to focus our energy to ensure that they are able to live with dignity and enjoy a high quality of life,” he adds.

A Washington insider tells me that some Democratic House lawmakers and aging groups are now pushing to reestablish the House Select Committee on Aging through new rules enacted by the incoming House Democratic leadership. The Washington, DC-based LCAO can now play a pivotal role in reestablishing the House Select Committee by advocating for and supporting Cicilline’s resolution that will be introduced in the next Congress or backing the attempt to change House rules. As the House takes up in the new Congress its debates on Social Security, Medicare and Medicaid, the Older Americans Act, and other issues of importance to older adults, it will be important to have a House Select Committee that once again puts the spotlight and attention on America’s aging issues.