To protect older persons who are incapable of managing their personal and financial affairs, state laws provide for court appointment of guardians. State and local courts are responsible for overseeing them. However, the General Accountability Office (GAO) identified hundreds of claims of physical abuse, neglect and financial exploitation by guardians in 45 states and the District of Columbia between 1990 and 2010. GAO found that courts failed to screen guardians adequately and did not communicate effectively or at all with each other about abusive guardians.
SOURCE: Global Action on Aging (download pdf)
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The issue outlined above, is not unique to the USA. Other countries that have similar Guardianship Board that 'takes over the lives' of many vulnerable seniors; must learn from the mistakes of others.
It is most deplorable - for organizations that were set up to protect the vulnerable seniors; are themselves directly or indirectly the 'Abusers'.
Another important point that must be considered carefully is the issue of 'capacity' of the senior under investigation.
It is inexcusable for any Guardianship Board to reject a second opinion from specialists; regarding the capacity of the senior. There are cases where the applicants to the Guardianship Board to put a senior into 'administration'; have 'hidden agenda'.
All Guardianship Board members/executives or judges should look at ALL the facts; before declaring a person as 'having NO Capacity' and therefore should be placed under the care of an administrator. There should be a way to allow the review of a case; especially, when there are new evidence that the original decision may have been wrong.
As mentioned in other posts on this blog: Who Guard the Guardians?
................ Andrew
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