Michigan’s Elder Abuse Task Force, created by the Michigan Department of the Attorney General in 2019, consists of more than 100 people from 55 different organizations. They aim to reduce exploitation of Michigan’s elderly residents. 

One of the Task Force’s main goals is to improve the safety and reliability of court-appointed guardianships and conservatorships. Most guardianship appointments are unproblematic, but there are some predatory guardians. There tend to be more issues with family member guardians than with professional guardians, but the Task Force hopes to protect vulnerable adults from court-appointed guardians of any kind.

The Task Force has identified a number of major issues that frequently emerge in the court-ordered guardianship appointment process. Some of these include:

• a lack of financial reporting requirements, resulting in situations where guardians neglect to pay major expenses like nursing home bills or mortgages;
  
• emergency orders that get issued too quickly and on limited evidence;
  
• the limited ability of individuals to respond to potential appointments;
  
• no requirement under the law that notice be given to family and close friends;
  
• no definition under the law of what constitutes an emergency;
  
• emergency appointments becoming permanent, stripping individuals subject to them of their free will for the rest of their lives; and
  
• unilateral decisions by guardians to move wards to retirement homes because it is the easiest route for the guardian, without regard to whether the ward actually wants to move out or not.

Advocates such as Steve Burnham, guardianship diversion project co-chair, believe that laws relating to the guardianship appointment process are adequate, but they are often not enforced or followed in practice. 

The Task Force has a number of specific initiatives they hope to implement to enhance protections for those subject to guardianship appointment proceedings. These include: 

• limiting the number of wards per guardian;
  
• promoting due process in emergency guardianship appointment proceedings;
  
• ensuring that lawyers assigned to these cases properly consult the vulnerable adult;
  
• requiring training and certification of professional guardians;
  
• increasing the frequency of guardians’ visitations;
  
• ensuring family members receive notice of appointments;
  
• improving protections for people when professional guardians seek to remove them from their homes; and
  
• more funding for court staff to properly investigate cases before guardians get appointed.

Many of the above initiatives were introduced to the Michigan legislature in June of 2021, through a package of bills in the state house and senate. The bills are currently pending approval by the legislature, and a decision is expected soon.

The mere existence of this Task Force shows that protecting the elderly is becoming a higher priority in society. Hopefully more jurisdictions can follow Michigan’s lead and develop their own groups to monitor and advocate against elder abuse. 

Thank you for reading, and have a nice day!

Suzana Popovic-Montag and James MacFarlane

Source: Estelle Slootmaker, “Here’s how Michigan is working to ensure court-appointed guardians don’t take advantage of elders”, Model D Media (22 November 2022), online.