Oversight of guardians advances

LINCOLN — A bill that would tighten oversight of guardians and conservators will be among the first debated in this year’s legislative session.

Members of the Judiciary Committee voted without dissent Thursday to advance Legislative Bill 157 to the full Legislature.

Among other things, the measure would require background checks for guardians and conservators and the furnishing of bonds for assets greater than $10,000.

It would require inventories of a ward’s assets before a guardian’s appointment becomes final and would allow for mediation to resolve disputes.

It also would allow third parties to ask for more court oversight when a ward’s safety, health or financial welfare appears in jeopardy.

State Sen. Colby Coash of Lincoln, who introduced the bill, said it represents only the beginning of changes needed to better protect vulnerable Nebraskans.

“This puts some immediate, meaningful protections in place for wards,” he said. “There is much more to do.”

Coash told colleagues the proposal responds to problems uncovered last year by The World-Herald. A series of reports detailed shoddy court oversight of the health and wealth of wards.

In the most egregious case, Dinah Turrentine-Sims, a court-appointed guardian-conservator, was able to steal more than $400,000 from eight of her wards in Douglas County. She was sentenced in December to 20 to 26 years in prison.

Under state law, guardians are charged with overseeing health care for incapacitated people. Conservators are charged with overseeing their finances.

Nebraska Chief Justice Michael Heavican convened a task force to look at guardianship issues in the wake of The World-Herald stories.

Douglas County Judge Susan Bazis said the group made 55 recommendations to the Legislature, the courts and others.

LB 157 incorporates several of the steps that can be taken at little or no cost to the state.

Bazis said the proposal helps by making more information available to judges, prospective guardians and family members.

But it doesn’t address the shortage of people willing to serve as guardians or conservators, Coash said.

Heavy workloads now make it difficult for even the best guardians to do a proper job, he said. The need for guardians is expected to grow as the baby-boom generation ages.

LB 157 drew praise from groups representing elderly and disabled Nebraskans.

Marla Fischer-Lempke, executive director of the Arc of Nebraska, an advocacy group for the developmentally disabled, liked the mediation provision.

She said that could help in cases where people can get by with less restrictive options than guardianship.

Mark Intermill, representing AARP, said a future step should be to require certification for people who are professional guardians.

Contact the writer:

402-473-9583, martha.stoddard@owh.com

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