In 2010, at the request of the U.S. Senate Special Committee on Aging, the Government Accountability Office (GAO) released a study that looked into the cases of guardianship, specifically for cases of financial exploitation, neglect and abuse of seniors. The focus was to see if these cases are widespread across the country and to test state guardian certification processes (Virginia does not require guardianship certification). The GAO looked at 20 cases in 15 states and the District of Columbia to review practices. Here are some of the findings:
In 20 selected closed cases, the GAO found that guardians stole or improperly obtained $5.4 million in assets from 158 incapacitated victims, many of whom were seniors.
There is no federal, state or local agency or any other organization that tracks information on guardianship abuse of power.
Many courts surveyed did not track the number of guardianships they were responsible for monitoring.
Information about complaints or disciplinary actions taken against guardians may not be publicly available, therefore the exact number of allegations about abuse, neglect or exploitation by guardians remains unknown.
The GAO could not determine whether or not there is widespread financial exploitation, neglect and abuse, but sources (prosecutors, attorneys, investigators and others involved in cases the GAO looked at) said “the current system of guardian oversight needs to be strengthened.”
Source: United States Government Accountability Office, “Guardianships: Cases of Financial Exploitation, Neglect, and Abuse of Seniors,” September 2010
