Another best practice the GAO urged is for judges to consider less restrictive alternatives for seniors than a guardian—perhaps a caregiver instead.

The GAO advocated criminal background checks for guardians but cautioned these may not be reliable protections since many elder abuse cases are not prosecuted and background checks don’t always identify criminal histories in multiple states.

The agency noted that Washington state has a program that provides a 90-hour course for professional guardians and two-hour courses for family guardians.

“These types of training requirements may help to address
unintentional and non-malicious mistreatment such as comingling assets of the guardian and the person under guardianship,” said the study.

The report also recommended that court monitors conduct unannounced visits and examinations of guardian expenditures to see if they are bona fide. For example, the report said, lawyers should not charge attorney rates for grocery shopping.

 

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