In 2016, the National Center for State Courts (NCSC) released a report showing that an estimated 50 billion in assets is held in state guardianship and conservatorship cases nationwide. There are approximately 1.3 million open cases in state courts, and approximately 176,000 new cases were filed in state courts in 2015. The vast majority of these cases involve older Americans due to diminished capacity from illness, injury, or old age. All too often, financial abuse and exploitation occurs as a result of guardianship or conservatorship cases.
In response, NCSC and other stakeholders have developed a collaborative strategic action plan, the Adult Guardianship Initiative. The purpose of the initiative is to improve state court responses to guardianship and conservatorship cases. Some of the issues discussed and encouraged include less restrictive alternatives to guardianship and conservatorship, prioritization and restoration of the protected person’s rights, active court monitoring, and modernization of court processes. The initiative recognizes that guardianships are likely to become more prevalent as the American population continues to age, and, as a result, the need to take steps to improve the guardianship process in state courts. For instance, the initiative calls for the funding and implementation of a guardianship court improvement program as part of the reauthorization of the Older Americans Act. NCSC also has launched the Conservatorship Accountability Program (CAP) for five pilot states, which requires conservators to enter all transactions into software that tracks all financial activity.
If your loved one has suffered abuse or neglect at the hands of a caretaker, whether in a home setting, nursing home or other healthcare facility, you may have a valid personal injury claim. This type of situation makes it essential to contact your experienced Madison elder abuse attorneys in order to protect your rights and obtain the financial relief that you deserve. Certain individuals have an obligation under the law to report suspected abuse or neglect of an elderly individual or nursing home or other facility resident. Those who fail to do so must face the consequences of their actions. Hold negligent Wisconsin care providers responsible for their actions. Contact Boller & Vaughan today and learn how we can help you.