Thursday, January 8, 2015

New Report on Rep Payees, Guardianships & State Courts

Check out this new report on SSA's Rep Payee system. The Administrative Conference of the United States released the report,  SSA Representative Payee:  Survey of State Guardianship Laws and Court Practices("The Administrative Conference of the United States (ACUS) is an independent federal agency dedicated to improving federal administrative processes through consensus-driven applied research, and provision of non-partisan expert advice and recommendations to federal agencies." (report at page 1)).

This report was done pursuant to a request in 2014 by SSA to ACUS to learn more about various state guardianship laws and the court practices. ACUS did this by:

 (1) carrying out legal research on state laws nationwide governing guardian selection, monitoring, and sanctions; (2) conducting a survey that captures information on state court practices and procedures relating to guardianships, and analyzing the results of the survey; ... and (3) conducting interviews with up to nine state organizations or governmental entities with expertise in, or that provides services related to, adult protective services or foster care in order to evaluate their respective practices related to guardianship and benefits monitoring.

The report includes key findings, trends and "common themes and observations." The summary of findings runs for 4 pages and addresses a variety of topics, including guardian selection, sanctions and removals, court monitoring, outreach and interaction, and caseloads.

The key findings section recognizes the variations amongst the states, but still offers useful information

The study presented challenges because a number of identified problems are local and unique to a particular court within a particular state, or with a specific SSA office. Problems experienced by courts in major cities may be quite different than problems experienced in small or rural courts... The strategy behind this project was to cast a broad net and seek a large respondent pool to collect a dataset that would provide a rich description of the issues... The fact that there are over 850 court responses and over 140 guardian responses means that we can glean a lot of useful information in terms of the nature of the problems, even if some of those problems are localized. The results of this study should be a good starting point for SSA; and the agency should be able to assess and act on any serious problems, albeit localized ones.

The report identifies 5 common areas of concern, including inconsistent electronic information and inconsistency in dealing with various SSA offices, variations in e-filing procedures, and the lack of a nationwide database of guardians or guardianship cases.

This is a must-read report as it adds important data to the field of guardianship laws.  The pdf of the report is available here.  More information about the project is available here.

https://lawprofessors.typepad.com/elder_law/2015/01/new-report-on-rep-payees-guardianships-state-courts.html

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