1. Combating Guardianship and Conservatorship Abuse: Challenges and Successes
Terry W. Hammond Terry W. Hammond Consulting (737)

2. 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\

3. 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\

4. 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

5. NATIONAL PROBATE COURT STANDARDS

6. National Guardianship Association www.guardianship.org

7. 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)

8. Center for Guardianship Certification www.guardianshipcert.org

9. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

10. Uniform Guardianship and Protective Proceedings Act

11. Working Interdisciplinary Networks of Guardianship Stakeholders

12. 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

13. 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

14. 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

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

16. 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

17. 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
      

18. 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”

19. 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