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Center for Elders and the Courts
Latest News
New Guardianship and Conservatorship Laws and Rules in Nebraska
Effective January 1, 2012, Nebraska courts will have new tools to assess the qualifications of prospective guardians and conservators for vulnerable persons, accurately document and track the assets of protected persons, and rigorously monitor the performance of guardians and conservators throughout the duration of their appointments. The legislative changes flow from recommendations made by the Joint Review Committee on the Status of Adult Guardianships and Conservatorships in the Nebraska Court System, which commenced its work in June 2010 under the leadership of Chief Justice Michael Heavican. Among the innovations in the legislation and court rules are required criminal and financial background checks on persons nominated to be guardians and conservators, the right of interested persons to an evidentiary hearing on safety, health or financial welfare concerns about the protected person, and mandatory filing of a bond by conservators of estates greater than $10,000. New court rules also specify the courts' responsibilities for reviewing inventories and accountings and for enforcing compliance with requirements and restrictions placed on guardians and conservators. The Nebraska Judicial Branch website currently features the new law, rules and forms on its home page.
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Court Volunteer Guardianship Monitoring Handbooks
The ABA Commission on Law and Aging has a new online resource to help courts develop guardianship monitoring programs. The website features a four-part readily accessible electronic Handbook. The manual guides court staff step by step in developing a volunteer guardianship monitoring and assistance program, recruiting and training volunteers, and compiling community information volunteers and guardians will need. Detailed forms and appendices are adaptable locally.
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Assessment of Handling of Elder Abuse Cases
The ABA Commission on Law & Aging and the University of Kentucky College of Public Health Department of Gerontology assessed five court-focused elder abuse initiatives to examine how they handle elder abuse cases and determine whether they improve the criminal justice response to those cases. The executive summary and full technical report are now available.
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NCSC Testifies on Protecting Seniors
NCSC offers testimony on "Protecting Seniors and Persons with Disabilities - An Examination of Court-Appointed Guardians" to the Judiciary Subcommittee on Administrative Oversight and the Courts, United States Senate.
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Report on Improving Protect Probate Processes
A report that focuses on improving protective probate processes is now available. The report is based on an assessment of guardianship and conservatorship procedures in Arizona's Maricopa County Superior Court.
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Active Guardianship Cases in the US
The National Center for State Courts offers a "ball park" estimate of the number of active guardianship cases in the United States. The article then provides an overview of guardianship reform activities undertaken in 2010 and notes the ongoing challenges of data collection, federal funding assistance, and preventing/detecting financial exploitation of vulnerable adults.
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Mickey Rooney testifies in front of the United States Special Committee on Aging
Mickey Rooney was among those testifying on March 2, 2011, in front of the United States Special Committee on Aging on the topic of elder abuse, neglect, and financial exploitation. The entire testimony can be viewed at the Senate's website. The hearing coincided with the Government Accountability Office's release of its report, Elder Justice: Stronger Federal Leadership Could Enhance National Response to Elder Abuse. The report was accompanied with a supplement based on a survey of Adult Protective Services Program Administrators. READ MORE

Conference of Chief Justices (CCJ) Endorse Policy Paper on Guardianships
On January 26, 2011, the Conference of Chief Justices (CCJ) endorsed a policy paper on guardianships. The policy paper, The Demographic Imperative: Guardianships and Conservatorships, was drafted and adopted by the Conference of State Court Administrators (COSCA). On the state level, the paper calls for the establishment of guardianship task forces, the provision of technical assistance to states to improve court responses, and the appointment of counsel in every case. At the national level, the paper calls on policymakers to: (1) support national data collection efforts, (2) create a Guardianship Court Improvement Program (GCIP), (3) establish state guardianship coordinator positions, (4) include CCJ/COSCA representation on the National Elder Justice Coordinating Council, (5) support a National Guardianship Summit for Courts, and (6) enact the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA). READ MORE

GAO Report on Guardianships: Cases of Financial Exploitation, Neglect, and Abuse of Seniors
GAO could not determine whether allegations of abuse by guardians are widespread; however, GAO identified hundreds of allegations of physical abuse, neglect and financial exploitation by guardians in 45 states... READ MORE

Products Under Development
Elder Abuse Toolkit for the Courts With a grant from the Bureau of Justice Assistance (Grant No. 2008-DD-BX-0711), the National Center for State Courts is creating an Elder Abuse Toolkit for the Courts.  The toolkit, designed to increase awareness and improve court responses to elder abuse, neglect, and exploitation, includes a judicial benchcard, an interagency coordination guide, model practices, a compilation of resources, and a data collection guide.  The toolkit will be made available online (expected completion data: Fall/Winter 2010).

New Toolkit Product: Judicial Benchard

The judicial benchcard is targeted toward judges from all court divisions.  It is to be used as a national template that can be readily modified for adaptation to local laws and resources.
SEE BENCHCARD

See a modified benchcard, created by Florida’s 13th Judicial Circuit
SEE BENCHCARD

Elder Abuse Curriculum for State Judicial Educators With funding from the Retirement Research Foundation of Chicago (Grant #2008-056), the National Center for State Courts is developing an elder abuse curriculum for state judicial educators.  The objective of the training is to improve the court’s ability to recognize elder abuse and to craft appropriate responses that maximize victim safety.  The curriculum will consist of three one-hour modules focusing on the physiology of aging, the identification of elder abuse, and court responses.  NCSC is partnering with the University of California, Irvine, Center of Excellence on Elder Abuse and Neglect, on the development of the curriculum.  The product will be available online (expected completion date: Spring/Summer 2011).
See an introduction to the training program, provided by Judge John Conery, 16th Judicial District, Louisiana.

The Center for Elders and the Courts is supported by Grant #2008-056 awarded by The Retirement Research Foundation (RRF) of Chicago. 
RRF is devoted solely to serving the needs of older persons in the U.S. and enhancing their quality of life.