LANSING, Mich. (Michigan News Source) – State Rep. Graham Filler (R-Clinton County) has introduced a bipartisan plan to improve protections for vulnerable adults and make sure they are not taken advantage of by the people who are trusted to care for them.

Filler is leading the effort to improve the state’s guardianship and conservatorship systems, the process used after a court decides an individual is not capable of making their own legal, medical or financial decisions.

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“I know many guardians and conservators are working hard, doing their best to protect their wards, but unfortunately, there are also some bad actors in the mix,” Filler said. “These people are out there trying to take advantage of those who can’t defend themselves. It’s a disgrace, and it’s time to put an end to it.”

Michigan House Bills 4909-12 will offer several important protections for the elderly and people with disabilities. It will provide procedural safeguards for the appointment of guardians, require guardians to take special precautions to protect people’s property and increase transparency about the way a ward’s property is being used.

The legislation addresses problems identified by the Michigan Attorney General’s Office and the state’s Elder Abuse Task Force, a group of about 55 organizations and more than 100 individuals that worked on the issue for more than two years.

Filler introduced a similar plan in 2021, but the bills did not make it all the way through the legislative process before the legislative session came to an end.

“Some of our most vulnerable citizens are being left high and dry, and I’m going to keep fighting on their behalf until we make things right,” Filler said. “Michigan seniors deserve better, and we’re going to make that happen.”

Just this morning, Michigan AG Dana Nessel sent out a press release about a woman who pleaded guilty in Saginaw Circuit Court to one count of embezzlement of $100,000 or more from a vulnerable adult. Valda Cork, 60, agreed to a restitution order to repay $196,394 to her mother’s estate and the Michigan Department of Treasury. She had been appointed as her mother’s guardian and conservator in 2018 after her mom suffered multiple strokes and was unable to care for herself.

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It was alleged that over a 12-month period, Cork spent approximately $1.1 million of her mother’s money, which included $228,817 in spending Cork did not report to probate court and $664,872 for the purchase of a condo in Pompano Beach, Florida for which Cork did not have court authorization.

Nessel said, “Unfortunately, even family members cannot always be trusted to safeguard the property of their loved ones. We always warn vulnerable adults and those who care for those adults to be cautious about who has access to a protected person’s property. Vulnerable adults should be able to live in comfort without being taken advantage of by those appointed to care for them.”

According to the Justice Department, mistreatment of the elderly and disabled can be financial, physical, or emotional/psychological.

They report that there is currently limited information on the number of guardianship cases involving abuse. Although the US Senate Special Committee on Aging and the US Government Accountability Office has highlighted the problem, they have only cited anecdotal information.

Their website says, “The National Center for State Courts has found that most reports on the problem of exploitation by guardians lack empirical data. Reports of fraud or other malfeasance by guardians have most often involved financial exploitation, but other types of mistreatment are also reported.  Abusive acts by guardians may meet the definitions for various state and federal crimes, depending on the facts of the case. Guardians might be charged with such crimes as elder abuse, embezzlement, larceny, money laundering, theft, and neglect.”

The National Center on Elder Abuse gives tips on what to look for in trying to determine if a guardian is not doing what they are supposed to. Red flags include the guardian spending a lot of money on things the person they are caring for doesn’t need; not paying their bills; taking a lot of money out in cash; bad record keeping, selling their house and moving out of state; and not allowing visits by family and friends.