“Reforming New York’s Troubled Guardianship System: What You Need to Know”
New York’s guardianship system is under scrutiny as top judicial leaders in the state are taking steps to reform the system following a ProPublica investigation that revealed instances of abuse and neglect of elderly and infirm individuals under the care of court-appointed guardians.
The reform efforts include the creation of two new positions within the state court system: a special counsel for guardianship matters and elder justice, who will focus on reforming the statewide adult guardianship system, and a statewide coordinating judge.
Currently, more than 28,000 New Yorkers are under the care of court-appointed guardians, who are responsible for managing the affairs of individuals deemed incapable of caring for themselves. However, oversight of these guardians is lacking, with only a small number of judges and court examiners responsible for monitoring the welfare of thousands of individuals.
Advocates point out that the most vulnerable individuals, known as the “unbefriended,” are at a higher risk of abuse and neglect as they have no friends or family to look after them. This group accounts for 20% of all wards statewide and is often left in the care of a small network of nonprofits and professional guardians.
Instances of neglect and exploitation have been reported, including cases where guardians failed to address living conditions such as lack of heat and infestations, or where guardians used their wards’ funds for personal gain. Following inquiries by ProPublica, an investigation into these allegations has been initiated by the court system.
Advocates are calling for reforms to strengthen the guardianship system, especially as the elderly population in the state continues to grow. Proposals include creating a publicly funded system to compensate guardians and support nonprofits that care for the most vulnerable individuals. Another suggestion is to establish an independent statewide agency to serve as a guardian for those without anyone else to look after them.
State Sen. Cordell Cleare has expressed support for overhauling the guardianship system and endorsing proposals to assist nonprofits in caring for the unbefriended statewide.
While the need for reform has been acknowledged by state leaders, specific actions and responses to the proposed fixes have not been provided. Any reform efforts would need to go through the Senate and Assembly judiciary committees, but responses from committee chairs have not been obtained.
Governor Kathy Hochul’s spokesperson stated that budget proposals will be reviewed in January, as required by law, indicating that potential reforms to the guardianship system may be considered at that time.