Combating Guardianship and Conservatorship Abuse: Challenges and Successes Terry W. Hammond Terry W. Hammond Consulting (737) 777-3444 www.terrywhammond.com terry@terrywhammond.com

noun |\ ə-ˈbyüs\ Definition of abuse 1 :  a corrupt practice or custom the buying of votes and other election abuses 2 :  improper or excessive use or treatment :  misuse drug abuse 3 :  language that condemns or vilifies usually unjustly, intemperately, and angrily verbal abuse a term of abuse 4 :  physical maltreatment child abuse sexual abuse 5 obsolete :  a deceitful act :  deception noun |\ ə-ˈbyüs\

noun | com·bat |\ ˈkäm-ˌbat\ Definition of combat 1 :  a fight or contest between individuals or groups 2 :  conflict, controversy 3 :  active fighting in a war :  action casualties suffered in combat noun | com·bat |\ ˈkäm-ˌbat\

National Guardianship Network AARP Alzheimer’s Association ABA Commission on Law and Aging ABA Section of Real Property, Trust & Estate Law American College of Trust & Estate Counsel Center for Guardianship Certification National Academy of Elder Law Attorneys National Adult Protective Services Association National College of Probate Judges National Center for State Courts National Disability Rights Network National Guardianship Association

NATIONAL PROBATE COURT STANDARDS http://ncpj.org/

National Guardianship Association www.guardianship.org

National Guardianship Association Ethical Principles 1. A guardian treats the person with dignity. (Standard 3) 2. A guardian involves the person to the greatest extent possible in all decision making. (Standard 9) 3. A guardian selects the option that places the least restrictions on the person’s freedom and rights. (Standard 8) 4. A guardian identifies and advocates for the person’s goals, needs, and preferences. (Standard 7) 5. A guardian maximizes the self-reliance and independence of the person. (Standard 9) 6. A guardian keeps confidential the affairs of the person. (Standard 11) 7. A guardian avoids conflicts of interest and self-dealing. (Standard 16) 8. A guardian complies with all laws and court orders. (Standard 2) 9. A guardian manages all financial matters carefully. (Standard 18) 10. A guardian respects that the money and property being managed belong to the person. (Standard 17)

Center for Guardianship Certification www.guardianshipcert.org

Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

Uniform Guardianship and Protective Proceedings Act

Working Interdisciplinary Networks of Guardianship Stakeholders

DC, GA, Guam, IN, MN, MS, MO, NY, NC, OH, OR, TX, UT, VA, WA, WV, WI Current WINGS States DC, GA, Guam, IN, MN, MS, MO, NY, NC, OH, OR, TX, UT, VA, WA, WV, WI

Challenges to Lasting Adult Guardianship Reform Increases in population in need Resource constraints Increased Need Wide variation in practice, within & across states Interdisciplinary nature Broad range of stakeholders Diverse Practices and Interests Multiple aspects to address, both pre-appointment and post-appointment Inherent tension in guardianship concept Complexity of Cases Constant turnover of stakeholders with ongoing need for re-education and training Inertia; ingrained practices Staffing

What Adult Guardianship Reforms Do We Need? Pre-adjudication  Routine check for less restrictive alternatives; supported decision-making  Procedural due process  Selection of guardian/ conservator Post-adjudication Limited orders  Standards for guardians; support role  Guardian accountability; court oversight Resources  Specialized Courts with support staff/monitoring  Education and training for all stakeholders  Assistance and support for family guardians/ conservators Resources for public guardianship

TEXAS OFFICE OF COURT ADMINISTRATION GUARDIANSHIP COMPLIANCE PROJECT To help the courts protect our most vulnerable citizens and their assets

50,000 (+) Active Guardianships 254 Counties 10 Counties 18 Statutory Probate Courts Specialized staff, auditors and investigators Remaining 244 Counties County Judge County Court at Law Judges Lack personnel and resources

Project Findings on Required Reporting As of December 2016, GCP staff have worked with 18 courts in 11 counties. The following performance measures summarize the work of the GCP: • 10,325 guardianship cases were reviewed; • 7,866 guardianship cases recommended for closure; • 2,438 active guardianship cases were identified; • 680 guardianship cases were found to be out of compliance with statutorily required reporting; • 35 percent of cases were found to be missing reports of the person; • 46 percent of cases were found to be missing initial inventories; • 48 percent of cases were found to be missing annual accountings       

Where Do We Stand? - Practice remains uneven - Substantial legislation over past 25 years - Necessity driving increased scrutiny and resources - Practice remains uneven - Inadequate data and research - No state guardianship “systems”

What Then Must We Do? Certification and Standards for Guardians Specialized judges Court Investigator Court Auditor Courts proactive instead of reactive Monitor, Monitor, Monitor Certification and Standards for Guardians Must implement protective processes Local vigilance and accountability Create of Statewide Guardianship Systems Guardianship Community Lead Reform