![]() Enforce statutory rights to communication and visitation – When abusive guardians use isolation tactics, family members and others may be able to seek orders enforcing state laws that define the rights of people subject to guardianship to interact with others of their choosing.Sometimes courts do not require bonding when the guardian is appointed, making it more difficult to obtain repayment for losses at the hands of the guardian. Order repayment for lost assets or property – Such orders might restore lost assets but, in many cases, the only way to recover funds is through a bond that the guardian obtained upon appointment.A court can also audit an individual’s assets or order an accounting by an external entity such as a certified public accountant. Investigate allegations of malfeasance – Once allegations of abuse have been made, courts can appoint a guardian ad litem, investigator or visitor to investigate.Freeze assets and/or restrict accounts – Courts may take these actions to limit a guardian’s access to money and property while investigating a case or preparing to take another protective step. ![]() These courts can take the following types of actions: How can the courts with jurisdiction over guardianship cases respond to abuse?Ī court with jurisdiction over a guardianship case might uncover evidence of abuse through monitoring, or a person or government agency might need to file a complaint or petition the court to respond to the mistreatment. To learn about how to spot mistreatment by a guardian and what to do about it, see the National Center on Elder Abuse flyer, What if Your Guardian is Not Doing What They Should? Guardians might be charged with such crimes as elder abuse, embezzlement, larceny, money laundering, theft, and neglect.įor an explanation of how guardianship can be a vehicle for abuse as well as a remedy, see the National Center on Elder Abuse issue brief, Guardianship: Remedy vs. Abusive acts by guardians may meet the definitions for various state and federal crimes, depending on the facts of the case. Reports of fraud or other malfeasance by guardians have most often involved financial exploitation, but other types of mistreatment are also reported. The National Center for State Courts has found that most reports on the problem of exploitation by guardians lack empirical data. Government Accountability Office have highlighted the problem and cited anecdotal information. Senate Special Committee on Aging and the U.S. There is currently limited information on the number of guardianship cases involving abuse. These perpetrators of abuse can be anyone serving as a guardian (family members, trusted others, non-profits, professional guardians, agencies). Guardians also may neglect the people for whom they have a responsibility to provide care. The mistreatment could be financial, physical, emotional/psychological or any other type of abuse of an older person or person with a disability. While courts make efforts to ensure that guardians are trustworthy, some guardians have taken advantage of people in their care.
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