Test Drive Our New Site! We have some improvements in the works that we're excited for you to experience. Click here to try our new, faster, mobile friendly beta site. We will be maintaining our current version of the site thru the end of 2024, so you can switch back as our improvements continue.
Legislation Quick Search
Advanced Search
Pennsylvania State Senate
04/19/2024 10:44 AM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20210&cosponId=37063
Share:
Home / Senate Co-Sponsorship Memoranda

Senate Co-Sponsorship Memoranda

Subscribe to PaLegis Notifications
NEW!

Subscribe to receive notifications of new Co-Sponsorship Memos circulated

By Member | By Date | Keyword Search


Senate of Pennsylvania
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: March 18, 2022 10:44 AM
From: Senator Lisa Baker and Sen. Art Haywood
To: All Senate members
Subject: Strengthening Pennsylvania Guardianship Laws
 
When an adult of any age is deemed incapacitated by a court, a professional or family guardian may be appointed who is responsible for making certain decisions on their behalf, either fully, or in a limited capacity.  The nature of these decisions can include financial, medical, and personal matters the individual has been determined unable to make for themself.
 
Currently, there are over 19,000 active guardianships in Pennsylvania. While many are helpful, others result in devastating abuse and exploitation. Trends show that guardianships are being sought and implemented with greater frequency. In the near future, we plan to introduce legislation to better protect this vulnerable population.
 
Although there are circumstances when the appointment of a guardian is unavoidable, there are a variety of alternatives available. Many individuals seek the help of family or friends to manage money or serve as a health care representative. Habilitation programs are also an option. Public benefits can be managed through the appointment of a representative payee. And advance planning by families can usually avoid the need for a guardian to manage inheritances or other assets.   
 
Unfortunately, cases where guardians have stolen or misused money belonging to their wards are not uncommon. Instances of fraud and deception are on the rise across the country. In October 2019, three court-appointed guardians embezzled more than $1 million from 108 victims. Several states have subsequently passed legislation to improve the process. The Pennsylvania Bar Association and Disability Rights PA are in support of a bill we are proposing to help prevent fraud, abuse, and exploitation, and increase representation by:
 
  1. Appointing counsel for alleged incapacitated persons when none has already been retained.
  2. Certifying professional guardians.
  3. Ensuring the courts first explore alternatives to guardianship.
  4. Requiring that petitions for guardianship demonstrate that less restrictive alternatives were considered and why they are insufficient.
While guardianship can be an appropriate tool to support some individuals who cannot make decisions themselves, it should be limited and used only as a last resort. Alternatives to guardianship may prove equally effective at a substantially lower emotional and financial cost. We hope you will join us in this effort to strengthen Pennsylvania’s guardianship laws.
 
This message and any attachment may contain privileged or confidential information intended solely for the use of the person to whom it is addressed. If the reader is not the intended recipient then be advised that forwarding, communicating, disseminating, copying or using this message or its attachments is strictly prohibited. If you receive this message in error, please notify the sender immediately and delete the information without saving any copies.
 


Introduced as SB1333