Posted: | February 7, 2023 09:31 AM |
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From: | Senator Lisa Baker and Sen. Art Haywood |
To: | All Senate members |
Subject: | Strengthening Pennsylvania's 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 themselves. 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 re-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. Last Session, we took the initial step by introducing Senate Bill 1333. This bill was supported by the Pennsylvania Bar Association, Disability Rights PA, and others because it worked to help prevent fraud, abuse, and exploitation, and increase representation by:
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Introduced as SB506