BY GENE MITCHELL
The Consumer Financial Protection Bureau (CFPB) was created by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. The CFPB includes the Office for Older Americans, which has a mandate to help protect the financial interests of consumers aged 62 and up.
Hubert H. (“Skip”) Humphrey III was named assistant director of the Office for Older Americans in October. Humphrey, a former attorney general of Minnesota, has also worked in the private sector in communication and public affairs, and has taught at the University of Minnesota. He has served as the president of the Minnesota AARP and has been an AARP national board member.
In December, LeadingAge interviewed Humphrey to learn more about the CFPB’s priorities in protecting the interests of older Americans.
LeadingAge: What is the mandate of the Consumer Financial Protection Bureau with respect to older Americans? How will seniors benefit from the Bureau’s work?
Skip Humphrey: We have to fit what our office does within the mission of CFPB: that markets that provide financial services and products are transparent, competitive, and that consumers have access to the information they need to make financial decisions. Within that [mission] there are a number of different populations we are asked by Congress to look at, one of which is Americans 62 and older. Our mission is to coordinate and work with state and federal agencies and community organizations to assist seniors in having the information they need to make sound financial decisions.
If we accomplish that, seniors can go into the marketplace with a degree of understanding and make sound financial decisions.
Beyond that, my own experience has taught me that you need the educational background for seniors to be well-informed, but also the enforcement capacity of the Bureau to keep rascals out of the marketplace.
LeadingAge: What issue areas, with respect to older Americans, are the greatest priorities for CFPB? What sorts of reforms would you like to see going forward?
Skip Humphrey: I’ll give one example and it raises issues your [members] have to confront. That is the issue of diminished capacity in the decision-making process, and the risk older Americans face, where they may not have the same level of capacity as someone who is younger. Those people may well be in some of the facilities of readers of yours. How will we help those who are caregivers have the right tools as they assist in making decisions?
Elder abuse and financial exploitation is a real problem and I’ve heard about it all over this country. It’s also the financial institutions that are sensitive to this. Take a bank—a teller may see signs of a problem. Why is this person taking out a lot of money when they never have before? At that point someone needs to get some help. That’s where we have a major area of concern. There are issues regarding guardianship, and some of the folks in your group are concerned about that relationship: What is [the guardian’s] training, what is their background?
LeadingAge: What strategies will you use for getting the word out about the work CFBP is doing?
Skip Humphrey: There are a number of ways. We have a very good website [www.consumerfinance.gov] and will be expanding it. Secondly, we’re doing a lot of media interviews. Third, we are meeting with organizations all around the country. I just came back from Portland, Maine, where we met with a whole host of organizations and law-enforcement agencies that are becoming more sensitive to the problems out there.
LeadingAge: Do you have any observations about how well aging-services providers do in terms of helping consumers make informed choices about care options?
Skip Humphrey: I don’t want to prejudge, but you’ve hit on what Congress has asked us to look at. They’ve asked us to coordinate research, learn about best practices and training, etc. We’re just beginning that kind of effort.
Organizations like yours have to help me understand financial transactions. In many of these transactions, the market is shifting to the home care industry. We’re not necessarily going to be looking at the quality of that care, but will look at the financial end of things.
But I want to put this back into the framework of the larger picture: How can we help seniors have the financial information they need, and gain confidence they can go into a very robust marketplace and make these decisions as they age? It’s hard enough for a 50-year-old.
LeadingAge: Our members are highly regulated, especially those providing skilled nursing care. To what degree will CFPB work with providers to achieve consumer protection goals?
Skip Humphrey: We’re working not only with non-profits but for-profits. Let’s not duplicate what’s already been done and done well. We’re now gathering information and finding databases. A lot of work has already been done in various places around the country. I’ve had some strong support from local agencies and organizations who want some help.
Some states have been very active in these areas, [for instance] Texas and California; I was quite impressed with what I saw in Maine, but for the most part it’s kind of anecdotal at this point.
This is the first federal office solely focused on financial information and education for seniors. It’s a big task but an exciting opportunity to really help the growing number of older Americans.
Link to original story.
I'm going to have to notify this gentleman of Devon Bank and the things that I'm hearing at the election functions. Banks are forcing elders into buying annuities, harrassing children's parents and calling them all the time. So, now we not only have trust officers that aren't trustworthy but the entire financial industry preying on the elderly and yet, this gentleman trusts them? I'll have to get the word out.
Showing posts with label persons with disabilities. Show all posts
Showing posts with label persons with disabilities. Show all posts
Friday, January 20, 2012
Monday, January 9, 2012
Overcoming the Heartbreaking and Emotional Drain of Condoned Law Guardian Abuse
How does someone overcome the heartbreaking and emotional drain of dealing with legally approved corruption? If there was a simple answer for that question, it is the need to raise awareness of an unsafe and unjust system. It has been awhile since my last article on this topic. Aside from the general busyness of the holiday season, I found myself exhausted on some unexplained level. The mere thought of having to discuss anything further about the final few years of Dorothy Wilson’s challenged life had a nauseating effect on me. There were many times when I would quietly ponder how anyone would allow another human being to be stripped of their rights; literally, figuratively and financially. This was even more troubling because Dorothy had more viable, loving and much happier options available to her.
You would think that considering all of the grief that Dorothy’s law guardian, Mary Giordano, caused both Dorothy and Diane; the only child fighting for her happiness; that when Mrs. Wilson passed into spirit that Mary would have stopped her nonsense. Instead, Diane, who was rightfully assigned as the executrix of the meager estate left after Mary Giordano was given free reign to financially plunder several hundred thousand dollars through a reverse mortgage and other ways, with the approval of Judge Joel Asarch, is still fighting for the pittance of money that was left. Mary Giordano has had no trouble forwarding the bills associated with the cost of maintaining Dorothy’s home and previous care. However, she has not released the funds to pay for it. All of her actions continue to highlight how unscrupulous, callous and greedy she is.
Perhaps one of the aspects of this law guardian abuse case; as in many others, is the complete lack of concern for anyone else who is affected. This holds true for family, friends and even more. Once Diane was put in charge of her Mom’s estate--as Dorothy had wanted from the onset--she started to find more and more of the absurd care that was taking place. The house was already put up for sale, but once Diane was allowed into it she spent hours and hours of her own time cleaning and organizing things to make it presentable. Diane and witnesses found certain things that were glaringly improper. We could begin by wondering why a binder with the order from Judge Asarch approving Dorothy’s relocation was found in the freezer. Could it be simply because it was in clear violation of Article 81? How many honest lawyers file their client’s documents in the back of a freezer?
Under the care of Anne Recht, the healthcare manager, Dorothy’s medicines and medical waste, including used needles, were found scattered throughout the home. They were in file cabinets, dresser drawers, a sewing machine cabinet, upstairs in a room where the aides slept, in the garage and in the refrigerator. People were coming and going in this house, including children, as Mary Giordano had put it up for sale without authorization. I can only speak for myself, but I would not be comfortable having inquisitive children stumble across a box of needles that were not properly stored. Many of the needles were pre-filled with medicine. There was even an IV pole with several needles and medicine connected to it that was left out in the open. Anyone could have been poked or injured by them.
In addition to the medicine, hundreds of dollars of expired food had to be thrown away because of the parade of aides. While some were very good to Dorothy, others would not take the time to go through the cabinets to see what was available to cook. The amount of wasted money would be unacceptable by most households, but under the “care” of Mary Giordano and Anne Recht, Dorothy’s funds were routinely misused. I personally remember the smile on Dorothy’s face one time when she attended a prayer and meditation meeting I held. The only requirement ever requested was that whoever comes to these meetings has to bring food for the pantry. She was more than happy to do that with Diane.
If the populace does not awaken to the fact that situations like Dorothy Wilson are taking place all around the country, then the actions of lawyers and judges who elect to scam the families who are caught up in it will continue to take place. What I have found with my inquiries and conversations with numerous people is that the majority of society seems to be intimidated by the judges and guardians responsible for the illegal and immoral activities. They are generally “well-connected” people and can make the lives miserable for those who stand up to them. Since they are in positions of power, they feel confident in trampling the civil rights of those they deem they should control, not to mention that they feel safe from prosecution because of the standard “old boys club” that still exists today.
This problem will persist unless enough citizens raise their voices and get the media—social and mainstream—to start putting a spotlight on many of the cases around the country. It makes no difference if the victim is someone’s mother, as in the case of Dorothy Wilson, or a husband like Gary Harvey, whose rights were taken away from him and his wife, Sara, when a guardian was put in charge. These are only two examples. The list goes on and on when it comes to the vulture-like attacks that take place from many guardians who greedily profit from an unchecked system that needs to be seriously addressed. Law guardian abuse seems to attack the elderly frequently, but is no stranger to the mentally impaired or physically challenged. Estates are systematically stolen from their rightful owners and family. What will it take for you to feel angered or passionate enough to take a stand and begin to hold the politicians accountable, who also want to hide behind legalities, mostly out of fear that it will hurt their career path? They have the power to change the laws, but many are either unaware of the rampant disintegration of civil rights, or they have chosen to be a part of the problem by ignoring or partaking in it. Often times, those who know about it do not take action because it is their colleagues, friends or acquaintances that are part of the corruption.
It would benefit an array of struggling victims to know that their voices are not being discarded by society. Let your compassion and the gauge that all people have that tells them the difference between right and wrong land on the right point. In this way, you will become a pillar of support for the meek and not a lamb led to slaughter by those who abuse the power that they wield.
Jim Fargiano
You would think that considering all of the grief that Dorothy’s law guardian, Mary Giordano, caused both Dorothy and Diane; the only child fighting for her happiness; that when Mrs. Wilson passed into spirit that Mary would have stopped her nonsense. Instead, Diane, who was rightfully assigned as the executrix of the meager estate left after Mary Giordano was given free reign to financially plunder several hundred thousand dollars through a reverse mortgage and other ways, with the approval of Judge Joel Asarch, is still fighting for the pittance of money that was left. Mary Giordano has had no trouble forwarding the bills associated with the cost of maintaining Dorothy’s home and previous care. However, she has not released the funds to pay for it. All of her actions continue to highlight how unscrupulous, callous and greedy she is.
Perhaps one of the aspects of this law guardian abuse case; as in many others, is the complete lack of concern for anyone else who is affected. This holds true for family, friends and even more. Once Diane was put in charge of her Mom’s estate--as Dorothy had wanted from the onset--she started to find more and more of the absurd care that was taking place. The house was already put up for sale, but once Diane was allowed into it she spent hours and hours of her own time cleaning and organizing things to make it presentable. Diane and witnesses found certain things that were glaringly improper. We could begin by wondering why a binder with the order from Judge Asarch approving Dorothy’s relocation was found in the freezer. Could it be simply because it was in clear violation of Article 81? How many honest lawyers file their client’s documents in the back of a freezer?
Under the care of Anne Recht, the healthcare manager, Dorothy’s medicines and medical waste, including used needles, were found scattered throughout the home. They were in file cabinets, dresser drawers, a sewing machine cabinet, upstairs in a room where the aides slept, in the garage and in the refrigerator. People were coming and going in this house, including children, as Mary Giordano had put it up for sale without authorization. I can only speak for myself, but I would not be comfortable having inquisitive children stumble across a box of needles that were not properly stored. Many of the needles were pre-filled with medicine. There was even an IV pole with several needles and medicine connected to it that was left out in the open. Anyone could have been poked or injured by them.
In addition to the medicine, hundreds of dollars of expired food had to be thrown away because of the parade of aides. While some were very good to Dorothy, others would not take the time to go through the cabinets to see what was available to cook. The amount of wasted money would be unacceptable by most households, but under the “care” of Mary Giordano and Anne Recht, Dorothy’s funds were routinely misused. I personally remember the smile on Dorothy’s face one time when she attended a prayer and meditation meeting I held. The only requirement ever requested was that whoever comes to these meetings has to bring food for the pantry. She was more than happy to do that with Diane.
If the populace does not awaken to the fact that situations like Dorothy Wilson are taking place all around the country, then the actions of lawyers and judges who elect to scam the families who are caught up in it will continue to take place. What I have found with my inquiries and conversations with numerous people is that the majority of society seems to be intimidated by the judges and guardians responsible for the illegal and immoral activities. They are generally “well-connected” people and can make the lives miserable for those who stand up to them. Since they are in positions of power, they feel confident in trampling the civil rights of those they deem they should control, not to mention that they feel safe from prosecution because of the standard “old boys club” that still exists today.
This problem will persist unless enough citizens raise their voices and get the media—social and mainstream—to start putting a spotlight on many of the cases around the country. It makes no difference if the victim is someone’s mother, as in the case of Dorothy Wilson, or a husband like Gary Harvey, whose rights were taken away from him and his wife, Sara, when a guardian was put in charge. These are only two examples. The list goes on and on when it comes to the vulture-like attacks that take place from many guardians who greedily profit from an unchecked system that needs to be seriously addressed. Law guardian abuse seems to attack the elderly frequently, but is no stranger to the mentally impaired or physically challenged. Estates are systematically stolen from their rightful owners and family. What will it take for you to feel angered or passionate enough to take a stand and begin to hold the politicians accountable, who also want to hide behind legalities, mostly out of fear that it will hurt their career path? They have the power to change the laws, but many are either unaware of the rampant disintegration of civil rights, or they have chosen to be a part of the problem by ignoring or partaking in it. Often times, those who know about it do not take action because it is their colleagues, friends or acquaintances that are part of the corruption.
It would benefit an array of struggling victims to know that their voices are not being discarded by society. Let your compassion and the gauge that all people have that tells them the difference between right and wrong land on the right point. In this way, you will become a pillar of support for the meek and not a lamb led to slaughter by those who abuse the power that they wield.
Jim Fargiano
Wednesday, November 16, 2011
Probate Court Audit Reveals Money Oversight Issues
MEMPHIS, TN - (WMC-TV) - Shelby County Probate Court is the subject of the county's most recent internal audit.
The scathing report revealed the court is suffering from a pervasive lack of money oversight, including losing track of funds, unlocked cash drawers and unsealed confidential records.
The court is charged with the task of distributing assets to people who can't manage their own estate - be they deceased, senior citizens or children. It was particularly daunting when internal auditors found a list of oversight problems at high risk for loss or misappropriation of court funds.
Paul Boyd became clerk last September and is now trying to clean up the mess.
"We're doing what we're supposed to do and I have no fear of anything," said Boyd.
Auditors did not accuse Boyd or anyone in his office of any wrongdoing, but they have serious changes in store, including account reconciliation.
In one case the audit found a $128,000 difference between the balance in one investment account and the balance the court had on record. The audit says the court also lost track of money in some of their 635 accounts, and they did not keep up with interest earned on some of their $21 million in holdings.
"Every year, we're going to make a call right before the end of the year and make sure we have statements from all 600-plus accounts," said Boyd.
Auditors also uncovered only four percent of the checks the court paid out had the clerk's signature and the charge and cash receipts drawer had no lock.
Boyd said he is now signing the checks, and the cash box never had more than $150 because they work mostly with checks.
"Previous to the audit, we just had a shoe box that we had in the desk drawer," said Boyd. "The auditors came and said, 'this is not acceptable,' so we went and bought a cash box with a lock."
The audit also found the court system had access weaknesses. Former administrators could still log in to the computer system and sealed cases and mental health records were left unattended at times.
Boyd said the documents are now locked away and past administrators are now locked out.
"What we do is we make them inactive, which says they can't get anything, and then we change their passwords," he said.
He said his office is using computers from the 90s, but upgrading to computers that would better safeguard the court's money would cost a quarter of a million dollars in taxpayer funds.
Boyd hopes the County Commission will grant the upgrade, but in the meantime said he looks forward to the follow-up audit.
"We need the audit to come in to provide assurance to the public that nothing is stolen and everybody's doing what they're supposed to be doing," said Boyd.
Unlike the honest errors in Probate Court, clerks across the Mid-South have made news for dishonest behavior in recent months. Shelby County Chancery Court Clerk Brandon Gunn pleaded guilty to stealing court funds in excess of $1 million. It is still unclear how the money will be recouped.
Germantown Municipal Court deputy clerk Janet Donnell confessed to theft of city funds, but Germantown will not say how much she stole. Auditors in Germantown are going through the records to get a better handle of the losses there.
General Sessions Court Clerk Otis Jackson is suing the judges who removed him, after he was indicted for allegedly coercing staff members to contribute to his re-election campaign.
To read the Shelby County Probate Court audit, click here.
Copyright 2011 WMC-TV. All rights reserved.
Read the full story and watch the video here.
The scathing report revealed the court is suffering from a pervasive lack of money oversight, including losing track of funds, unlocked cash drawers and unsealed confidential records.
The court is charged with the task of distributing assets to people who can't manage their own estate - be they deceased, senior citizens or children. It was particularly daunting when internal auditors found a list of oversight problems at high risk for loss or misappropriation of court funds.
Paul Boyd became clerk last September and is now trying to clean up the mess.
"We're doing what we're supposed to do and I have no fear of anything," said Boyd.
Auditors did not accuse Boyd or anyone in his office of any wrongdoing, but they have serious changes in store, including account reconciliation.
In one case the audit found a $128,000 difference between the balance in one investment account and the balance the court had on record. The audit says the court also lost track of money in some of their 635 accounts, and they did not keep up with interest earned on some of their $21 million in holdings.
"Every year, we're going to make a call right before the end of the year and make sure we have statements from all 600-plus accounts," said Boyd.
Auditors also uncovered only four percent of the checks the court paid out had the clerk's signature and the charge and cash receipts drawer had no lock.
Boyd said he is now signing the checks, and the cash box never had more than $150 because they work mostly with checks.
"Previous to the audit, we just had a shoe box that we had in the desk drawer," said Boyd. "The auditors came and said, 'this is not acceptable,' so we went and bought a cash box with a lock."
The audit also found the court system had access weaknesses. Former administrators could still log in to the computer system and sealed cases and mental health records were left unattended at times.
Boyd said the documents are now locked away and past administrators are now locked out.
"What we do is we make them inactive, which says they can't get anything, and then we change their passwords," he said.
He said his office is using computers from the 90s, but upgrading to computers that would better safeguard the court's money would cost a quarter of a million dollars in taxpayer funds.
Boyd hopes the County Commission will grant the upgrade, but in the meantime said he looks forward to the follow-up audit.
"We need the audit to come in to provide assurance to the public that nothing is stolen and everybody's doing what they're supposed to be doing," said Boyd.
Unlike the honest errors in Probate Court, clerks across the Mid-South have made news for dishonest behavior in recent months. Shelby County Chancery Court Clerk Brandon Gunn pleaded guilty to stealing court funds in excess of $1 million. It is still unclear how the money will be recouped.
Germantown Municipal Court deputy clerk Janet Donnell confessed to theft of city funds, but Germantown will not say how much she stole. Auditors in Germantown are going through the records to get a better handle of the losses there.
General Sessions Court Clerk Otis Jackson is suing the judges who removed him, after he was indicted for allegedly coercing staff members to contribute to his re-election campaign.
To read the Shelby County Probate Court audit, click here.
Copyright 2011 WMC-TV. All rights reserved.
Read the full story and watch the video here.
Sunday, October 9, 2011
Predators in Advocates Clothing
These predators appear in a variety of “disguises”, but are as guilty of exploitation as the predators within the probate courts where C/G are adjudicated. They, too, are wolves in sheep clothing, sociopaths who believe their own lies (until exposed) and used the same tactics that the probate court utilizes in their efforts to exploit and ruin, while always proclaiming themselves “saviors”; all the while positioning themselves in a an attempt to take credit for anything accomplished by those with sincere motives.
Most of them have re-written history or “created a history” for themselves (utterly false information to infiltrate the ranks which is just one trait of the con artist), in the form of bogus resumes, curriculum vitae, made up stories proclaiming being a victim of abuse (in C/G), false claims of prior successes, a certain amount of knowledge of C/G to “talk the talk”, and the list goes on.
Read the rest.... here.
(C/G Conservator/Guardianship)
Most of them have re-written history or “created a history” for themselves (utterly false information to infiltrate the ranks which is just one trait of the con artist), in the form of bogus resumes, curriculum vitae, made up stories proclaiming being a victim of abuse (in C/G), false claims of prior successes, a certain amount of knowledge of C/G to “talk the talk”, and the list goes on.
Read the rest.... here.
(C/G Conservator/Guardianship)
Friday, August 12, 2011
Dorothy C. Tyse
Snipped. She was only 83 - a youngster.
God rest her soul. She is now safe in his loving arms.
Dorothy “Dotti” C. Tyse, nee Respond, beloved wife of the late Thaddeus, loving daughter of the late Anthony and Angela Respond, dearest sister of the late Henry (Adeline) and the late Norman (the late Marilyn) Respond, dear sister in law of Eleanore Tyse, cherished aunt and great aunt to many nieces and nephews. Prominent Niles local historian and author of “The History of Niles ; 1974” and a proud member of the St John Brebeuf Catholic Woman’s Club and the Golden Age Club, Visitation Sunday 3:00 pm – 8:00 pm, at the Skaja Terrace Funeral Home 7812 N. Milwaukee Ave. Niles, Funeral Monday 10:15 am. To St. John Brebeuf Church Mass 11:00 a.m. Interment Maryhill Cemetery, In lieu of flowers donations for Masses or to your favorite charity appreciated, for Inf. 847-966-7302
God rest her soul. She is now safe in his loving arms.
Dorothy “Dotti” C. Tyse, nee Respond, beloved wife of the late Thaddeus, loving daughter of the late Anthony and Angela Respond, dearest sister of the late Henry (Adeline) and the late Norman (the late Marilyn) Respond, dear sister in law of Eleanore Tyse, cherished aunt and great aunt to many nieces and nephews. Prominent Niles local historian and author of “The History of Niles ; 1974” and a proud member of the St John Brebeuf Catholic Woman’s Club and the Golden Age Club, Visitation Sunday 3:00 pm – 8:00 pm, at the Skaja Terrace Funeral Home 7812 N. Milwaukee Ave. Niles, Funeral Monday 10:15 am. To St. John Brebeuf Church Mass 11:00 a.m. Interment Maryhill Cemetery, In lieu of flowers donations for Masses or to your favorite charity appreciated, for Inf. 847-966-7302
Thursday, August 11, 2011
KOHL LAUDS GAO RECOMMENDATIONS TO IMPROVE OVERSIGHT OF GUARDIANS
Report Recommends SSA Improve Information Sharing
Thursday, August 11, 2011
WASHINGTON – U.S. Senator Herb Kohl (D-Wisc.), Chairman of the Senate Special Committee on Aging, today released a Government Accountability Office (GAO) report that found a need for stronger screening and oversight of guardians appointed to make financial decisions for incapacitated adults.
In its report, GAO found that only 13 states require criminal background checks on all potential court-appointed guardians, and that there are gaps in information sharing that can adversely affect incapacitated adults. GAO recommends that the Social Security Administration (SSA) find ways to share information with state courts dealing with the appointment of guardians for SSA beneficiaries. GAO also recommends that the U.S. Department of Health and Human Services consider supporting promising court pilot programs that monitor guardians.
“The bottom line is that we need to ensure that the people being put in charge of someone else’s Social Security checks are using the money appropriately,” said Kohl. “While I acknowledge that the Social Security Administration faces limitations, we must do more to combat abuses in the system.”
U.S. Senator Amy Klobuchar (D-Minn.) joined Kohl in reacting to the report’s findings.
“As a former prosecutor, I believe we need tougher oversight to protect seniors from bad actors and ensure their financial security,” said Klobuchar. “Our seniors deserve this common-sense accountability in our Social Security system.”
There are over 765,000 Social Security beneficiaries with a fiduciary or guardian. A 2010 GAO report identified hundreds of allegations of physical abuse, neglect and financial exploitation by guardians in 45 states and the District of Columbia between 1990 and 2010. In reviewing 20 of those cases, GAO found that guardians, who sometimes represent multiple wards, stole or otherwise improperly obtained $5.4 million in assets from 158 incapacitated victims, many of whom were seniors.
Part of the problem, according to national advocates for elder rights, is that courts often have difficulty obtaining information that could enhance the ability to protect the interests of beneficiaries, particularly from the SSA. SSA asserts that the Privacy Act and other considerations prevent the agency from sharing fiduciary information with state courts.
Earlier this year, Kohl introduced legislation to prevent elder abuse, including abuse perpetrated by fiduciaries and guardians. The Elder Abuse Victims Act (S. 462) would establish an Office of Elder Justice within the Justice Department that would protect seniors by strengthening law enforcement’s response to elder abuse. Additionally, the End Abuse in Later Life Act (S. 464) would enhance direct services to older victims of abuse, including financial exploitation.
# # #
The GAO report can be found here: http://gao.gov/products/GAO-11-678
Thursday, August 11, 2011
WASHINGTON – U.S. Senator Herb Kohl (D-Wisc.), Chairman of the Senate Special Committee on Aging, today released a Government Accountability Office (GAO) report that found a need for stronger screening and oversight of guardians appointed to make financial decisions for incapacitated adults.
In its report, GAO found that only 13 states require criminal background checks on all potential court-appointed guardians, and that there are gaps in information sharing that can adversely affect incapacitated adults. GAO recommends that the Social Security Administration (SSA) find ways to share information with state courts dealing with the appointment of guardians for SSA beneficiaries. GAO also recommends that the U.S. Department of Health and Human Services consider supporting promising court pilot programs that monitor guardians.
“The bottom line is that we need to ensure that the people being put in charge of someone else’s Social Security checks are using the money appropriately,” said Kohl. “While I acknowledge that the Social Security Administration faces limitations, we must do more to combat abuses in the system.”
U.S. Senator Amy Klobuchar (D-Minn.) joined Kohl in reacting to the report’s findings.
“As a former prosecutor, I believe we need tougher oversight to protect seniors from bad actors and ensure their financial security,” said Klobuchar. “Our seniors deserve this common-sense accountability in our Social Security system.”
There are over 765,000 Social Security beneficiaries with a fiduciary or guardian. A 2010 GAO report identified hundreds of allegations of physical abuse, neglect and financial exploitation by guardians in 45 states and the District of Columbia between 1990 and 2010. In reviewing 20 of those cases, GAO found that guardians, who sometimes represent multiple wards, stole or otherwise improperly obtained $5.4 million in assets from 158 incapacitated victims, many of whom were seniors.
Part of the problem, according to national advocates for elder rights, is that courts often have difficulty obtaining information that could enhance the ability to protect the interests of beneficiaries, particularly from the SSA. SSA asserts that the Privacy Act and other considerations prevent the agency from sharing fiduciary information with state courts.
Earlier this year, Kohl introduced legislation to prevent elder abuse, including abuse perpetrated by fiduciaries and guardians. The Elder Abuse Victims Act (S. 462) would establish an Office of Elder Justice within the Justice Department that would protect seniors by strengthening law enforcement’s response to elder abuse. Additionally, the End Abuse in Later Life Act (S. 464) would enhance direct services to older victims of abuse, including financial exploitation.
# # #
The GAO report can be found here: http://gao.gov/products/GAO-11-678
New GAO Report
Going to DC is paying off!
Incapacitated Adults: Oversight of Federal Fiduciaries and Court-Appointed Guardians Needs Improvement
Summary
If Social Security (SSA), Veterans Affairs (VA), and state courts find that adults are incapacitated, they appoint federal fiduciaries and court-appointed guardians to make decisions on their behalf. Incapacity is often associated with old age, so if these arrangements are not overseen, older adults could be vulnerable to financial exploitation. This report assesses (1) SSA, VA, and state court procedures for screening potential fiduciaries and guardians; (2) SSA, VA, and state court fiduciary and guardian monitoring; (3) information sharing between SSA and VA and between each agency and state courts; and (4) federal support for court oversight of guardians. GAO interviewed federal and court officials and experts, and reviewed federal laws, regulations, and policies, and others' compilations of state guardianship laws.
http://www.gao.gov/products/GAO-11-678
Incapacitated Adults: Oversight of Federal Fiduciaries and Court-Appointed Guardians Needs Improvement
Summary
If Social Security (SSA), Veterans Affairs (VA), and state courts find that adults are incapacitated, they appoint federal fiduciaries and court-appointed guardians to make decisions on their behalf. Incapacity is often associated with old age, so if these arrangements are not overseen, older adults could be vulnerable to financial exploitation. This report assesses (1) SSA, VA, and state court procedures for screening potential fiduciaries and guardians; (2) SSA, VA, and state court fiduciary and guardian monitoring; (3) information sharing between SSA and VA and between each agency and state courts; and (4) federal support for court oversight of guardians. GAO interviewed federal and court officials and experts, and reviewed federal laws, regulations, and policies, and others' compilations of state guardianship laws.
http://www.gao.gov/products/GAO-11-678
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