ELDER ABUSE IN THE COMMUNITY
The Washington State Senior Citizens’ Foundation met recently (November 3, 2011) for its 2011 Fall Conference. A distinguished moderator and panel discussed “Elder Abuse and Guardianship”. Jim Brown, attorney for the Washington Association of Elder Law Attorneys (WAELA), was the only certified professional guardian on the panel.
The Seattle Times published a series of articles in 2010 called “Seniors for Sale” which resulted in new legislation of state oversight of facilities and regulation of referral agencies. An adult protective services (APS) work group examined practices and legislation was enacted.
The trial courts have the primary responsibility for guardianship cases. The number of persons who will need the assistance of a guardian will increase markedly in the coming years. Dedicated and qualified guardians are needed to protect an aging population from neglect, abuse and financial exploitation.
GUARDIANSHIP PROTECTION
In Washington State, a certified professional guardian board was created in 1998. An office of public guardianship was also created to address low income needs was also created. Family and volunteer guardians are now subject to training requirements. Court procedures and the different kinds of guardianship are intended to protect the liberty of those needing protection. Monitoring and funding for it is still needed. Guardians cannot detain a person in a facility against their will which is difficult to define. Processing APS complaints was also discussed. A critic cited perceived serious, systemic problems with guardianship as well as its costs.
WATCH THE WEBCAST on TVW, the Washington State public affairs network.
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