tuesday, june 20, 2017 probate track rooms: 318-320 ... · task force establishment iowa supreme...
TRANSCRIPT
Tuesday, June 20, 2017 Probate Track
Rooms: 318-320 Conservatorship and
Guardianship Task Force Recommendations
3:20 p.m. – 5:00 p.m.
Presented by Justice Bruce Zager
Iowa Supreme Court Judicial Branch Building 1111 East Court Avenue
Des Moines, IA 50319
Prof. Josephine Gittler University of Iowa
412 Boyd Law Building Iowa City, IA 52242
6/14/2017
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OVERVIEW: IOWA GUARDIANSHIP & CONSERVATORSHIP
REFORM TASK FORCE
Justice Bruce Zager,Iowa Supreme Court
Professor Josephine Gittler,University of Iowa, College of Law
ISBA ANNUAL MEETING, PROBATE TRACK
May 20, 2017
Des Moines, Iowa
IOWA GUARDIANSHIP
AND
CONSERVATORSHIP SYSTEM
6/14/2017
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There are over 22,000 total pending (open) guardianship and conservatorship cases
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Adult Minor
Guardianship 36% 24%
Conservatorship 6% 9%
Both 23% 3%
All 65% 36%
*Percentages rounded to the nearest whole percent.
Guardianship vs Conservatorship and Adult vs Minor
Summary: Cases By Type*
Source: Iowa Guardianship and Conservatorship Study, University of Iowa, College of Law
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(Need/Basis for Guardianship & Conservatorship)
Conditions/Diagnosis of Adults Subject to Guardianship & Conservatorship*
*Percentages rounded to the nearest whole percent.
Source: Iowa Guardianship and Conservatorship Study, University of Iowa, College of Law
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*Percentages rounded to the nearest whole percent.
Basis for Minor Guardianship*
Source: Iowa Guardianship and Conservatorship Study, University of Iowa, College of Law
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*Percentages rounded to the nearest whole percent.
Basis for Minor Conservatorship*
Source: Iowa Guardianship and Conservatorship Study, University of Iowa, College of Law
IOWA SUPREME COURTGUARDIANSHIP AND CONSERVATORSHIP
REFORM TASK FORCE:ESTABLISHMENT, ORGANIZATION
AND ACTIVITIES
6/14/2017
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TASK FORCE ESTABLISHMENT
Iowa Supreme Court OrderIn Matter of
Establishment of and Appointments
To the Guardianship and Conservatorship
Reform Task Force
January 14, 2015
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TASK FORCE ORGANIZATION
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Supreme Court
Work Group 1
Work Group 2
Work Group 3
Work Group 4
Work Group 5
Steering Committee
Resource Committee
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STEERING COMMITTEE
Role: Organizes and oversees Task Force
Chair: Justice Bruce Zager
Members: Judges Block, Danielson, Larson, Deans Agrawal and Ullem, Professors Gittler and Foxhoven, Attorney Kenyon, and Counsel to the Chief Justice Kottmeyer
Coordinators: Professors Gittler and Foxhoven
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WORK GROUPS
There are 5 Work Groups.
Their role is to develop preliminary recommendations and findings re designated subjects/issues/problems.
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WORK GROUP & RESOURCE COMMITTEE MEMBERSHIP
Membership is representative of multiple stakeholders
The Bench – Judges and other Judicial Branch Personnel
The Bar State Agencies Guardians and Conservators Disability, Aging, Mental Health, Brain
Injuries Organizations and Advocates Banks and Bonding Companies Professionals from Different Disciplines
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WORK GROUP & RESOURCE COMMITTEE
MEMBERSHIP
Over 70 individuals are serving as members of 5 Work Groups and Resource Committee on Clinical Evaluations.
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Task Force Hearings
September 2015
University of Iowa College of Law
Drake University Law School
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TASK FORCE ACTIVITIES
Iowa Guardianship & Conservatorship Summit
November 2015
National Experts
State Experts
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TASK FORCE ACTIVITIES, cont’d
6/14/2017
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Establishment of TWEN website
• Steering Committee, Work Group and Resource Committee documents and materials
• Hearing testimony and written statements
• Summit materials
• Resource Materials (model acts and standards, state statutory surveys, reports, articles, etc.)
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TASK FORCE ACTIVITIES, cont’d
Development of Preliminary Recommendations
by Work Groups and Resource Committee
January 2016 – March 2017
(15 months)
TASK FORCE ACTIVITIES, cont’d
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Work Groups and Resource Committee Members:
Participated in 54 conference calls
Responded to 23 e‐mail surveys
Reviewed 111 issue memos
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TASK FORCE ACTIVITIES, cont’d
Work Group and Resource Committee Members: Developed 300 preliminary recommendations
conducting many aspects of guardianship/conservatorship system
Establishment of adult guardianship/conservatorship
Qualifications of guardians/conservators
Guardian/conservator duties and responsibilities
Guardian/conservator standards of practice
Court monitoring of guardians and conservators
Administration of guardianship/conservatorship system
Minor guardians and conservators
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TASK FORCE ACTIVITIES, cont’d
6/14/2017
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Final Task Force Plenary Meeting
April 6 – 7, 2017
Purpose was to obtain input regarding preliminary recommendations.
There were presentations of preliminary recommendations by all Work Groups and Resource Committee.
There were then comments and questions from Task Force participants.
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TASK FORCE ACTIVITIES, cont’d
Finalization of Task Force recommendations
Submission of Task Report with recommendations to Iowa Supreme Court
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TASK FORCE ACTIVITIES, cont’d
6/14/2017
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WORK GROUP
PRELIMINARY RECOMMENDATIONS:GOALS AND THEMES
IOWA GENERAL ASSEMBLY
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Creation of Improved Legal Framework for Guardianship and Conservatorship System
Comprehensive revision of Iowa Code guardianship provisions.
Some amendments of Iowa Code provisions re conservatorships.
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THE COURT (JUDGES)
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Provide judges with the information they need to make informed and appropriate decisions
Promote fuller and more effective court monitoring of guardianships and conservatorships
Promote effective and efficient allocation and use of court resources
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PERSONS ALLEGED TO BE
IN NEED OF AND SUBJECT TO
GUARDIANSHIP/CONSERVATORSHIP
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Promote autonomy and self‐determination, to the extent feasible, of persons potentially and actually subject to guardianships and conservatorships
Ensure protection and rights of persons alleged to be in need of guardianship and conservatorship are protected
Ensure that persons subject to guardianship and conservatorship are provided appropriate care and protection from abuse, neglect and financial exploitation
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GUARDIANS AND CONSERVATORS
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Provide more guidance and clearer guidance for and assistance to guardians and conservators
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Specific Examples of Recommendations
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