National Groups Acknowledge Need for Guardianship Reform

Advocacy Groups Meet To Discuss Reform

 Leading advocacy groups for seniors are meeting this week to continue the process of addressing guardianship reform and implementation. Hundreds of thousands of Americans are under the care of a guardianship system in desperate need of repair, according to a report from Washington’s General Accountability Office (GAO). The National Academy of Elder Law Attorneys (NAELA), along with other national groups, will address the surprising nationwide deficiencies in the guardianship system across the United States.

NAELA, The National College of Probate Judges (NCPJ) and the National Guardianship Association (NGA) are convening a Joint Conference with a Wingspan Guardianship Implementation Session at The Broadmoor in Colorado Springs. The three groups will discuss guardianship issues during the Conference that brings together guardians, elder law attorneys, case managers, social workers, healthcare professionals and state judges from around the country.

We would all like to think that we will be protected by ethical professionals or loving family members if we are ever faced with the need for guardianship as we age. The truth is that in many states across the country little is being done to ensure the necessary funding, training, accountability and monitoring of guardians that could prevent the horrific abuse that continues to occur against our older Americans. This Conference and Session is another step towards a remedy.

While most guardians do a difficult job very well, many believe that federal and state authorities should set standards to ensure the quality of all legal guardian care from coast to coast. Guardianship is a legal process utilized when a person can no longer make decisions in his or her own self interest.

While our members are dedicated to professional, ethical guardianship for our nation's seniors, said Francine Saccio, NGA President, we agree that significant changes are long overdue for improving the guardianship system in most states across the country. The GAO report found only a few courts working well beyond the state minimum requirements for training and monitoring of guardianship. Those courts are the exception rather than the norm.

In the face of these reports, including felony allegations of a Michigan-based company providing guardianship for over 600 individuals and discoveries earlier this year by Texas Governor Rick Perry of a severe elder neglect cases in his state, the groups will publish guardianship implementation recommendations for states to use for raising standards and helping to fight this nationwide problem.

National Academy of Elder Law Attorneys (NAELA)

Established in 1987, the National Academy of Elder Law Attorneys (NAELA) is a non-profit association that assists lawyers, bar organizations and others who work with older clients and their families. Members of NAELA are attorneys who are experienced and trained in working with the legal problems of aging Americans and disabled individuals. The mission of the National Academy of Elder Law Attorneys is to establish NAELA members as the premier providers of legal advocacy, guidance and services to enhance the lives of people with special needs and people as they age. NAELA currently has more than 4,800 members across the United States, Canada, Australia and the United Kingdom. For more information on NAELA, the 2004 Wingspan Implementation Work Groups and the 2004 Joint Conference please contact NAELA at 520.881.4005 or visit www.naela.org.

National Guardianship Association (NGA)

Founded in 1988, NGA is comprised of more than 730 individuals in public and private, for-profit and not-for-profit agencies and organizations as well as individuals concerned with guardianship issues. NGA provides its members with education and training, networking opportunities, and the opportunity to set a national agenda to ensure standards of excellence. The National Guardianship Foundation (NGF) administers a guardianship certification examination, which is the only national credentialing process for guardians in the nation. For more information, please contact NGA at 520.881.6561 or visit www.guardianship.org.

National College of Probate Judges (NCPJ)

The National College of Probate Judges (NCPJ) was organized in 1968 to improve the administration of justice in courts with probate jurisdiction. The College was established in response to public concern with the time and costs involved in estate administration. NCPJ is the only national organization exclusively dedicated to improving probate law and courts. Probate courts are responsible for equitably handling many kinds of problems in our society. Although they deal primarily with the estates of deceased persons, probate courts also play an important role in protecting the rights of people with special needs - the mentally ill, alcoholics, orphaned children, the aged and persons with developmental disabilities. For further information on NCPJ's membership, programs and events, contact NCPJ at 757.259.1841, or visit www.ncpj.org.