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Abuses in Guardianship of the Elderly and Infirm: a National Disgrace

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Abuses in Guardianship of the Elderly and Infirm: a National Disgrace DOCUMENT RESUME ED 297 241 CG 021 023 ITLE Abuses in Guardianship of the Elderly and Infirm: A National Disgrace. A Briefing by the Chairman of the Subcommittee on Health and Long-Term Care of the Select Committee on Aging. House of Representatives, One Hundredth Congress, First Session (September 25, 1987). INSTITUTION Congress of the U.S., Washington, D.C. House Select Committee on Aging. REPORT NO House-Cdmm-Pub-100-641 PUB DATE 88 NOTE 140p.; Some pages contain small, light print. AVAILABLE FROMSuperintendent of Documents, Congressional Sales Office, U.S. Government Printing Office, Washington, DC 20402. PUB TYPE Legal/Legislative/Regulatory Materials (090) EDRS PRICE MF01/PC06 Plus Postage. DESCRIPTORS *Elder Abuse; Hearings; *Mental Disorders; *Older Adults; *Self Care Skills IDENTIFIERS Congress 100th; *Guardianship ABSTRACT This document presents a briefing by Representative Claude Pepper on the abuses in guardianship of the elderly and infirm, and testimony from witnesses at the Congressional hearing called to examine the issue of guardianship abuse. The opening statement of Representative Pepper and a prepared statement of Representative Helen Delich Bentley are included. Two panels of witnesses provide testimony. The first panel illustrates the problem of abuses in guardianship and includes testimony from: (1) 81-year-old Minnie Monoff of Greeley, Kansas; (2) 66-year-old Marguerite Van Etten of Plantation, Florida; (3) 83-year-old Tod Porterfield of Albion, Indiana; (4) Etan Merrick, wife of 71-year-old David Merrick, Broadway producer; (5) John Hartman, a former public guardian and currently an inmate at Community Treatment Center in Detroit, Michigan; and (6) Jim Godes, an investigator for the Subcommittee on Health and Long-Term Care. The second panel focuses on the scope of the problem and needed reform, and includes testimony from William Ahearn, managing editor, Associated Press, Now York, New York; John Pickering, chairman of the Commission on Legal Problems of the Elderly, on behalf of the American Bar Association; Nancy Trease of Legal Aid Service, Broward County, Florida; and John Regan, professor of law, Hofstra University School of Law, Hempstead, New York. Questions and answers, and relevant materials submitted for the record are appended. (NB) 3000000000000000000000000000000000000000000000(xxxx3000000Mxxxxxxxxxxx Reproductions supplied by EDRS are the best that can be made from the original document. X 3000000000000000000(X3000(X300(X300(XXXX30000(X3000(X300(XX300000(XXXXXXXXX3000( [COMMITTEE PRINT] ABUSES IN GUARDIANSHIP OF THE ELDERLY AND INFIRM: A NATIONAL DISGRACE A BRIEFING BY THE CHAIRMAN OF THE SUBCOMMITTEE ON HEALTH AND LONG-TERM CARE OF THE SELECT COMMITTEE ON AGING HOUSE OF REPRESENTATIVES ONE HUNDREDTH CONGRESS FIRST SESSION U S. DEPARTMENT OF EDUCATION Office of Educational Research and Improvement EDUCATIONAL RESOURCES INFORMATION CJ CENTER (ERIC) his document hasbeen reproducedas O received from the person or organization originating it. f O Minor changes have been made to improve reproduction Quality. Points of view or opt mons statedin thisdoctr ment do not necessarily represent official C0 0 ERI position or policy. SEPTEMBER 25, 1987 Comm. Pub. No. 100-641 Printed for the use of the Select Committee on Aging This document has been printed for informational purposes only. It does not represent either findings or recommendations adopted by this Com- mittee. U.S. GOVERNMENT PRINTING OFFICE 80-155 WASHINGTON : 1988 For sale by the Superintendent of Documents, Congressional Sales Office US. Government Printing Office, Washington, DC 20402 -...=Wir's SELECT COMMITTEE ON AGING EDWARD IL ROYBAL, California, Chairman CLAUDE PEPPER, Florida MATTHEW J. RINALDO, New Jersey, MARIO BIAGGI, New York Ranking Minority Member DON BONKER, Washington JOHN PAUL HAMMERSCHMIDT, Arkansas THOMAS J. DOWNEY, New York RALPH REGULA, Ohio JAMES J. FLORIO, New Jersey NORMAN D. SHUMWAY, California HAROLD E. FORD, Tennessee OLYMPIA J. SNOWE, Maine WILLIAM J. HUGHES, New Jersey JAMES M. JEFFORDS, Vermont MARILYN LLOYD, Tennessee THOMAS J. TAUKE, Iowa MARY ROSE DAKAR, Ohio GEORGE C. WORTLEY, New York THOMAS A. LUKEN, Ohio JIM COURTER, New Jersey BEVERLY B. BYRON, Maryland CLAUDINE SCHNEIDER, Rhode Island DAN MICA,-Florida THOMAS J. RIDGE, Pennsylvania HENRY A. WAXMAN, California CHRISTOPHER H. SMITH, New Jersey MIKE SYNAR, Oklahoma SHERWOOD L BOEHLERT, New York BUTLER DERRICK, South Carolina JIM SAXTON, New Jersey BRUCE F. VENTO, Minnesota HELEN DELICH BENTLEY, Maryland BARNEY FRANK, Massachusetts JIM LIGHTFOOT, Iowa TOM LANTOS, California HARRIS W. FAWELL, Illinois RON WYDEN, Oregon JAN MEYERS, Kansas GEO. W. CROCKEIT, JR., Michigan BEN BLAZ, Guam WILLIAM HILL BONES, Tennessee PATRICK L. SWINDALL, Georgia IKE SKELTON,--Missouri PAUL B. HENRY, Michigan DENNIS M. HERTEL, Michigan BILL scHuerre, Michigan ROBERT A. BORSKI, Pennsylvania FLOYD SPENCE, South Carolina RICK BOUCHER, Virginia WILLIAM F. CLINGER, JR., Pennsylvania BEN ERDREICH, Alabama CONSTANCE A. MORELLA, Maryland BUDDY MAcKAY, Florida PATRICIA F. SAIKI, Hawaii NORMAN SISISKY, Virginia ROBERT E. WISE, JR., West Virginia BILL RICHARDSON, New Mexico HAROLD L VOLKMER, Missouri BART GORDON, Tennessee THOMAS J. MANTON, New York TOMMY F. ROBINSON, Arkansas RICHARD H. STALLINGS, Idaho JAMES McCLURE CLARKE, North Carolina JOSEPH P. KENNEDY II, Massachusetts LOUISE M. SLAUGHTER, New York MANUEL R. MIRANDA, PH.D., Staff Director PAUL SCHLEGEL, Minority Staff Director SUBCOMMITTEE ON HEALTH AND LONG-TERM CARE CLAUDE PEPPER, Florida, Chairman JAMES J. FLORIO, New Jersey RALPH REGULA, Ohio, HAROLD E. FORD, Tennessee Ranking Minority Member MARY ROSE OAKAR, Ohio MATTHEW J. RINALDO, New Jersey THOMAS A. LUKEN, Ohio GEORGE C. WORTLEY, New York DAN MICA, Florida JIM COURTER, New Jersey HENRY A. WAXMAN, California CLAUDINE SCHNEIDER, Rhode Island MIKE SYNAR, Oklahoma THOMAS J. RIDGE, Pennsylvania BUTLER DERRICK, South Carolina CHRISTOPHER H. SMITH, New Jersey BRUCE F. VENTO, Minnesota SHERWOOD L. BOEHLERT, New York BARNEY FRANK, Massachusetts JIM SAXTON, New Jersey RON WYDEN, Oregon HELEN DELICH BENTLEY, Maryland IKE SKELTON, Missouri JIM LIGHTFOOT, Iowa DENNIS M. HERTEL, Michigan JAN MEYERS, Kansas ROBERT A. BORSKI, Pennsylvania BEN BLAZ, Guam BEN ERDREICH, Alabama BUDDY-MscKAY, Florida NORMAN SISISKY, Virginia EDWARD IL ROYBAL, California (Ex Officio) KATHLEEN GARDNER CRAVED!, Staff Director MARK BENEDICT, J.D., Minority Staff Director (II) 3 CONTENTS 1r MEMBERS' OPENING STATEMENTS Page Chairman Claude Pepper 1 Helen Delich Bentley 7 CHRONOLOGICAL LIST OF WITNESSES Panel OneThe Problem: Abuses in Guardianship: Minnie Monoff , age 81, Greeley, KA 8 Marguerite Van Etten, age 66, Plantation, FL 10 Tod Porterfield, age 83, Alb Eon, IN 12 Etan Merrick, wife of David Merrick, age 71, Broadway producer, New York, NY 14 John Hartman, former public guardian, currently an inmate at Commu- nity Treatment Center, Detroit, MI 18 Jim Godes, investigator, Subcommittee on Health and Long-Term Care 21 Panel TwoScope of the Problem and Needed Reform: William E. Ahearn, Managing Editor, Associated Press, New York, NY, accompanied by Fred Bayles. Senior Reporter, Associated Press, Boston, MA; and Scott McCartney, senior Reporter, Associated Press, Dallas, TX 24 John H. Pickering, Chairman, Commission on Legal Problems of the Elderly, on behalf of the American Bar Association 31 Nancy A. Trease, Esquire, Legal Aid Service, Broward County, FL 43 John J. Regan, Professor of Law, Hofstra University School of Law, Hempstead, NY 54 APPENDIX Appendix I. Questions and Answers 67 Appendix IL Stall L. Dixon, Executive Board, California State Association of Public Guardians/Conservators, letter 72 Appendix HI. Excerpt from "Elder Abuse and Neglect: Causes, Diagnos:s, and Intervention Strategies," by Mary Joy Quinn and Susan K. Tomita 77 Appendix IV. "Statement of Recommended Judicial Practices," Adopted by the National Conference of the Judiciary on Guardianship Proceedings for the Elderly, submitted for the record by John H. Pickering 81 ABUSES IN GUARDIANSHIP OF THE ELDERLY AND INFIRM: A NATIONAL DISGRACE FRIDAY, SEPTEMBER 25, 1987 HOUSE OF REPRESENTATIVES, SELECT COMMITTEE ON AGING, SUBCOMMITTEE ON HEALTH AND LONG-TERM CARE, Washington, DC. The subcommittee met, pursuant to notice, at 9:40 a.m., in room 2359-A, Rayburn House Office Building, Hon. Claude Pepper (chairman of the subcommittee) presiding. Members present: Representative Pepper. Staff present: Kathleen Gardner Cravedi, staff director; Melanie Mod lin, assistant staff director; Peter Reinecke, research director; Judy Whang, executive assistant; and Mark Benedict, minority staff director. OPENING STATEMENT OF CHAIRMAN CLAUDE PEPPER Mr. PEPPER. The committee will come to order, please. I am sorry to be a little late. I am very grateful to all of you, especially this fine panel here and the other witnesses to come later, for your being here. This hearing illustrates how diligent we must be to protect the rights of the people of this country against abuse. We are going to hear from our great news collecting organization, the Associated Press, the results of a magnificent study they made about this criti- cal subject of guardianship. I warmly commend them upon the ini- tiative they have shown in investigating such a critical matter. It deals with the right of people not to have their liberty and their property taken away from them, it seems to me, without due proc- ess of law, or without being assured the need for protection of the law as
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