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NCJFCJ 2017 Guardianship Reform

Presentation on guardianship course and CAP for National College of Probate Judges
by

Brenda Uekert

on 13 July 2017

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Transcript of NCJFCJ 2017 Guardianship Reform

REFORMING AND MODERNIZING THE GUARDIANSHIP SYSTEM
Conservatorship Accountability Project (CAP)
Using Predictive Analytics to "Flag" Cases
Pilot States
NCJFCJ 80th Annual Conference
July 17, 2017
Washington, DC



Brenda K. Uekert, PhD
Principal Court Research Consultant
National Center for State Courts

Project Goals
1.To develop and test expert-informed tools to identify problematic cases and direct critical resources to these cases
2. To disseminate, adapt and pilot conservatorship accounting software in three states
3. To develop a Conservatorship Accountability Project (CAP) Network
Can we use technology to...
Automate auditing functions
Develop response protocols
PROTECT the assets of vulnerable adults?
Modernize the process
Capture
Data
Predict
ACT
No issues
Auditing Levels
Multiple issues
Concerns of Loss
- Focus on restoration of assets
- Consider differentiated case management (DCM)
- Develop forensic accounting strategies
- Use a variety of sanctions
- Referral for prosecution
States
:
New Mexico and Nevada: Planning
Iowa, Indiana, Texas: Implementation
Challenges
:
MN coding requires substantial work
Lack of resources and auditing
Products:
Implementation and technical manuals
Predictive
Analytics
What's the Problem?
Enhancing Choice and Fulfilling Duties: National Training Resource on Decision Support and Guardianship
Under Development
NCSC, ABA Commission on Law & Aging, Washington Courts, with funding from Elder Justice Initiative
The Administration for Community Living has funded the ABA Commission on Law and Aging, in partnership with the National Center for State Courts, to:
Provide grants to states through an RFP process. Grants were announced May 2017.
Provide an infrastructure to support WINGS, including action tools, operational tools, help with strategic planning, development of outcome measures, and evaluation
Other Guardianship Projects
Minor issues
1.3 million G/C cases
$50 billion under assets
In many cases of exploitation, the estate was plundered prior to detection of the problem.
Audit Resources
Data/Documentation
Judicial Training
Court Integrity
Study on Exploitation by Conservators
Developing a Judicial Response Protocol to Address Abuse, Neglect and Exploitation in Guardianship Cases
with AJA, NCPJ, NCJFCJ
Conservatorship

Accountability

Project (CAP)
Risk Indicators: Examples
More than 6 clothing transactions
Non-professional conservator: more than 2 bank accounts
Person lives in care facility: More than 21 grocery expense transactions
Guardianship App for Judges ?
Full transcript