The chair of the New York City Council Committee on Aging is calling on Gov. Kathy Hochul and legislative leaders to overhaul the state’s troubled guardianship system in response to a ProPublica investigation that found elderly and frail New Yorkers People live in harsh conditions under court-authorized supervision.
Councilmember Crystal Hudson introduced a resolution last week aimed at forcing Albany to support the causes of constituents who a judge says are unable to manage their own affairs — a district without powerful lobbyists or political clout , their needs Long ignored by state lawmakers.
“This system has failed too many people, and real reform is long overdue,” said Hudson, a Democrat. “We need a system that instills confidence, a system that guarantees those who need guardianship a dignified existence.”
There are currently more than 28,000 people in the care of court-appointed guardians across the state, nearly 60 percent of whom live in New York City.
The Hudson Act, which would require an annual infusion of state funds to serve poor New Yorkers in the system, will be the subject of a public hearing later this fall.
The proposal cites a series of ProPublica stories this year that revealed how thousands of residents without family or friends to care for them were mistreated by a host of nonprofits and private attorneys appointed by judges to oversee their well-being. In the guardianship industry, this group of wards is called “unfriendly person”.
The news organization found that there were too few guardians able to provide services to those in need and even fewer supervisors, called censors, who could review their work. The problem is compounded by a shortage of court staff and judges. ProPublica found that annual evaluations of a guardian’s care can take years to complete, and even then, court oversight focuses largely on financial paperwork and officials rarely visit wards in person.
Lack of review and lengthy delays could lead to uncontrolled neglect and financial exploitation of New York’s most vulnerable populations. A woman featured in a ProPublica story Years of living in a home without heat, bed bugs and rats. – A situation that was not corrected by her legally appointed guardian and not challenged by her examiner. Another man’s guardian spent more than half of her ward’s life savings paying for care provided by her own private business – A blatant conflict of interest that judges have allowed for years.
Hudson’s resolution would force state legislative leaders and the governor to strengthen the system by allocating state funds to pay for more guardians. The current system is largely unfunded. As a result, judges often require attorneys to take cases pro bono or to appoint nonprofit organizations that collect monthly fees directly from the ward’s account. For a small number of people in need, county social services departments pick up the tab, but the judge said the groups they contract to provide those services are overburdened and understaffed.
To address this issue, the legislation proposes a program developed by Guardianship Access New York, a coalition of nonprofit providers. It calls for “a significant and permanent investment in nonprofit guardianship services across the state” of $15 million per year. This is similar to what happened in Florida Publicly funded 16 nonprofit organizations serving thousands of eligible recipient districts. In GANY’s proposal, funds would go to vetted groups that would serve 1,500 New Yorkers annually to “ensure access to ethical, reliable and effective guardians.”
Kimberly George is a leader at GANY and director of Project Guardianship, a nonprofit organization that serves as guardians for approximately 160 wards in New York City. System, but it is what it is.
“If judges had good, reliable guardians to turn to, maybe they wouldn’t have to appoint a guardian they knew was problematic or uncertain,” she said.
For example, judges have long relied on guardianship companies recommended by ProPublica Although it cannot meet the needs of more than ten wards,. In one case, it charged an elderly man a monthly fee even after he left the country and after his death. The organization serves hundreds of needy New Yorkers and continues to accept appointments. The company declined to answer questions about specific clients, but previously told ProPublica that it is accountable to the courts and that its work is scrutinized by examiners who have the authority to ask any questions.
The city’s resolution comes as the state court system develops its own custody proposals ahead of next year’s legislative session, which begins in January.
An advisory committee of judges and attorneys recommends that the state’s top judicial leaders and court administrators ask Albany to create a “fully funded statewide entity” to serve as the public guardian, according to an internal proposal obtained by ProPublica. The committee estimates that such a government entity would cost $72 million in personnel costs and would serve “unfriendly people” in each county — who the proposal estimates make up about 20 percent of all precincts across the state. .
The committee also recommended that courts seek to increase compensation for court examiners and court evaluators, who assess people’s needs and abilities before judges impose guardianships. The money would come from funds currently reserved for attorneys who represent indigent people in criminal cases, rather than from the ward’s own funds.
A spokesman for the court said the state’s top judicial leaders “have made clear to our partners in other parts of government that we support the creation of a statewide public guardianship plan as a key component of system reform.”
Spokesperson Al Baker added: “We are proud to advocate for additional funding to cover guardianship costs, especially to help those who are most financially disadvantaged.”
The last time state lawmakers seriously discussed court-appointed guardianship was 30 years ago, when they passed the state’s primary guardianship statute, Section 81 of the Mental Health Act. This year during budget negotiations, lawmakers were given just $1 million to fund a statewide helpline, Although ProPublica is asking for $5 million to address some of the larger issues detailed in the ProPublica report. Spokespeople for Senate Majority Leader Andrea Stewart-Cousins and Assembly Speaker Carl Heastie did not respond to requests for comment on the Hudson resolution.
Nor did Hochul’s office, whose support would be crucial to any custody reform. Democrats who took office three years ago proposed Plans to address the needs of the state’s aging populationwhich mentioned measures such as custody, but did not elaborate on some details.
Supporters hope Hochul will embrace sweeping reforms given his record on related issues. In July 2022, she signed a bill to provide an alternative to guardianship for people with intellectual and developmental disabilities, allowing them, rather than the guardian, to make decisions about their lives.
When the bill was signed, According to the transcriptShe acknowledged that the government has the ability to improve the situation of disadvantaged groups.
She said New York has “a well-intentioned Legislature and a governor who wants to make sure that if anything comes to our attention that needs to be corrected, we pick up our pen and do it. That’s what today is about.”
