Exploring solutions in the face of increasing need
In 2018, the New York State Senate held a roundtable to explore ways to improve the state’s Article 81 guardianship system, which safeguards the interests and well-being of vulnerable adults with physical and mental disabilities (including dementia and Alzheimer’s) who are unable to care for themselves. The roundtable explored whether the guardianship system in New York is effectively serving those who need it.
By 2030, there will be more 80-year-olds than five-year-olds and the high costs of nursing home care will soar.
Participants included senators from throughout New York State, judges from the State Supreme Court and Surrogate Courts, and other elder law and elder care practitioners and agencies.
By 2030, there will be more 80-year-olds than five-year-olds and the high costs of nursing home care will soar. Roundtable participants raised questions as to whether the current legal system, social service system, and the legislature are prepared for the older adult wave that will be upon us relatively soon.
Highlights of the roundtable discussion included the challenges to finding qualified guardians, and because of limited resources, the ability of the courts to monitor compliance with the law and the timely review of reports that must be submitted periodically by guardians.
A variety of solutions were suggested including pilot project testing, better data to assist policymakers, public education about guardianship alternatives, and earmarking more money to adequately compensate guardians for the work that they do.