A recent report by ProPublica reviews the status of New York’s guardianship system and proposes areas for improvement.
The report found that the current setup, which counted on nonprofits and private attorneys, was unsuited to meet the overwhelming demand.
ProPublica’s investigation raised concerns about the low number of guardians and support staff relative to those needing help, and the quality of care provided. They consulted experts and created a 6-point list of recommendations to improve what is, in their view, a dire situation:
More Public Financing
The system has issues with securing long-term financing (as funding projects are often provided on an interim basis), and key nonprofits closing up shop. A coalition of nonprofits has suggested that the Legislature budget an additional $15 million annually toward guardianship matters, and have more social workers and other specialists assume the roles of guardians.
More Personnel
The system needs more examiners and court clerks to meet the needs of the tens of thousands of wards, and improved wages for guardians and examiners, as many within the system say the payday is not worth the effort. The courts could also arrange more hearings to ensure that staff are complying with their duties.
More Rigorous Requirements for Check-Ins
Many examiners rarely see their wards, relying almost exclusively on financial paperwork to evaluate the quality of care. As a result, many horrific living situations often go unnoticed. Mandatory face-to-face check-ins would help bring these situations to light.
More Training for Guardians
Guardians currently only need to take a daylong course to become certified. More comprehensive training up-front, as well as regular refresher courses, could improve the quality of care.
More Vetting for Nonprofits
At present, private guardians need to attest that they haven’t committed any significant criminal, civil or professional violations, while nonprofits undergo no such vetting, and do not need to even provide proof of charitable status.
More Responsible Staffing
The report found that one prominent New York guardian group had a ward-to-staff ratio of more than 83:1. For context, researchers have found that healthy caseloads should be no more than 20:1. Regrettably, New York state offers no guidance on proper ratios.
To further explore guardianship issues, see some of our past blog posts:
- Guardianship Law in Ontario
- Improving the Court-Appointed Guardianship Process in Michigan
- New Zealand’s Guardianship Problem
- The Office of the Public Guardian and Trustee and Guardianship Applications
Thank you for reading and have a great day.