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Court-Appointed Guardians Needs Improvement' which was released on 
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United States Government Accountability Office: 
GAO: 

Report to the Chairman, Special Committee on Aging, U.S. Senate: 

July 2011: 

Incapacitated Adults: 

Oversight of Federal Fiduciaries and Court-Appointed Guardians Needs 
Improvement: 

GAO-11-678: 

GAO Highlights: 

Highlights of GAO-11-678, a report to the Chairman, Special Committee 
on Aging, U.S. Senate. 

Why GAO Did This Study: 

If Social Security (SSA), Veterans Affairs (VA), and state courts find 
that adults are incapacitated, they appoint federal fiduciaries and 
court-appointed guardians to make decisions on their behalf. 
Incapacity is often associated with old age, so if these arrangements 
are not overseen, older adults could be vulnerable to financial 
exploitation. This report assesses (1) SSA, VA, and state court 
procedures for screening potential fiduciaries and guardians; (2) SSA, 
VA, and state court fiduciary and guardian monitoring; (3) information 
sharing between SSA and VA and between each agency and state courts; 
and (4) federal support for court oversight of guardians. GAO 
interviewed federal and court officials and experts, and reviewed 
federal laws, regulations, and policies, and others’ compilations of 
state guardianship laws. 

What GAO Found: 

SSA, VA, and state courts have screening procedures for ensuring that 
fiduciaries and guardians are suitable. SSA and VA strive to prevent 
individuals who have misused beneficiaries’ payments from serving 
again, and each is currently developing an automated system that will 
enhance its ability to compile and maintain information about misuse 
of benefits by fiduciaries. Similarly, according to the AARP Public 
Policy Institute, laws in most states require courts to follow certain 
procedures for screening guardians. However, only 13 states conduct 
criminal background checks on all potential guardians. 

There are also statutes and regulations requiring SSA and VA to 
monitor fiduciary performance. Fiduciaries in each agency must 
periodically report on their responsibilities. Similarly, most states 
require courts to obtain annual reports from guardians. There is 
evidence that guardianship monitoring by state courts, however, needs 
improving, and promising practices have been proposed to strengthen 
it. Given limited resources for monitoring, courts may be reluctant to 
invest in these practices without evidence of their feasibility and 
effectiveness from projects designed to evaluate these practices. 

Gaps in information sharing may adversely affect incapacitated adults. 
When VA and SSA have incapacitated beneficiaries in common, sharing 
certain information about them could enhance each agency’s ability to 
protect the interests of these beneficiaries. While SSA and VA do not 
systematically share such information, VA can obtain such information 
from SSA on a case-by-base basis. SSA officials indicated, however, 
that obtaining similar information from VA may not be cost-effective 
given the relatively small proportion of SSA beneficiaries who also 
collect VA benefits. It is also in the best interest of incapacitated 
beneficiaries for federal agencies to disclose certain information 
about these beneficiaries and their fiduciaries to state courts. 
National organizations representing elder law attorneys and advocating 
for elder rights have noted that courts have difficulty obtaining such 
information when it is needed, particularly from SSA. 

The federal government has a history of funding technical assistance 
and training related to guardianship for state courts, primarily 
through the AoA within HHS. In 2008, AoA established the National 
Legal Resource Center (NLRC) to support improvements in legal 
assistance for older adults and to support elder rights protections. 
Among its other projects, NLRC has supported an evaluation of Utah’s 
public guardian program. Because of the federal government’s 
activities in this area, it is well positioned and has an opportunity 
to lead in ensuring the rights of incapacitated adults with court-
appointed guardians by supporting evaluations of promising court 
monitoring practices. 

What GAO Recommends: 

The Department of Health and Human Services (HHS) should consider 
funding evaluations of practices for monitoring guardians, and HHS 
agreed that the Administration on Aging (AoA) has the authority to 
take such action. 

GAO also believes SSA should determine how it can, under current law, 
disclose certain information about beneficiaries and fiduciaries to 
state courts, upon request. 

SSA disagreed and asserted that Privacy Act limitations prevent 
sharing this information with state courts. Given SSA’s position, it 
should take whatever measures necessary to allow it to do so, 
including proposing legislative changes. 

View [hyperlink, http://www.gao.gov/products/GAO-11-678] or key 
components. For more information, contact Kay Brown at (202) 512-7215 
or brownke@gao.gov. 

[End of section] 

Contents: 

Letter: 

Background: 

SSA, VA, and Some States Take Steps to Screen Fiduciaries or Guardians: 

SSA and VA Have Procedures for Monitoring Fiduciaries, but Monitoring 
Guardians Can Be Challenging for Many Courts: 

Information Sharing among Federal Fiduciary Programs and State Courts 
Could Improve Protection of Incapacitated Adults: 

The Administration on Aging Has Taken Some Steps That Could Help State 
Courts Improve Oversight of Guardianships: 

Conclusions: 

Recommendations for Executive Action: 

Agency Comments: 

Appendix I: Comments from the Department of Health and Human Services: 

Appendix II: Comments from the Department of Veterans Affairs: 

Appendix III: Comments from the Social Security Administration: 

Appendix IV: GAO Contact and Staff Acknowledgments: 

Table: 

Table 1: Promising Practices for Court Monitoring: 

Abbreviations: 

ABA: American Bar Association: 

AoA: Administration on Aging: 

DI: Disability Insurance: 

HHS: Department of Health and Human Services: 

NLRC: National Legal Resource Center: 

OAA: Older Americans Act: 

OASI: Old-Age and Survivors Insurance: 

SSA: Social Security Administration: 

SSI: Supplemental Security Income: 

TCSG: the Center for Social Gerontology: 

VA: Department of Veterans Affairs: 

[End of section] 

United States Government Accountability Office: 
Washington, DC 20548: 

July 22, 2011: 

The Honorable Herb Kohl: 
Chairman: 
Special Committee on Aging: 
United States Senate: 

Dear Mr. Chairman: 

When federal agencies such as the Social Security Administration (SSA) 
and the Department of Veterans Affairs (VA) determine that an adult 
receiving cash benefits through one of their programs is 
incapacitated, they appoint a responsible third party to ensure these 
payments are used in the beneficiary's best interest. The responsible 
parties who receive SSA benefits on behalf of incapacitated 
individuals are known as representative payees, while those who 
receive VA benefits are known as fiduciaries.[Footnote 1] Similarly, 
courts in each state have the authority to appoint a guardian or 
conservator for individuals the court determines to be incapacitated. 
[Footnote 2] Generally, guardianships are legal relationships created 
when a state court grants one person or entity the authority and 
responsibility to make decisions in the best interest of an 
incapacitated individual concerning his or her person or property. 
[Footnote 3] 

Incapacity is often associated with old age, and as of December 2009, 
765,771 SSA beneficiaries age 65 or older had fiduciaries--a 7 percent 
increase since December 2003. As of July 2011, 56,077 VA beneficiaries 
age 65 or older had fiduciaries--a 21 percent increase since September 
2003. Few national data are available on the number of guardians state 
courts have appointed. As the number and proportion of older adults in 
the population increases, so will the demand for federal fiduciaries 
and court-appointed legal guardians.[Footnote 4] 

Fiduciary and guardianship arrangements are not without risk to 
incapacitated adults, who are vulnerable to financial exploitation by 
their fiduciaries and guardians. In a 2010 report, we identified 
hundreds of allegations of abuse, neglect, and exploitation by 
guardians in 45 states and the District of Columbia between 1990 and 
2010. At that time, we reviewed 20 of these cases and found that 
guardians had stolen or otherwise improperly obtained $5.4 million 
from 158 incapacitated victims, many of whom were older adults. 
[Footnote 5] 

To protect against such exploitation, federal agencies and state 
courts generally are responsible for screening proposed fiduciaries 
and guardians to make sure they appoint suitable individuals to 
oversee the federal cash benefits and other finances of incapacitated 
adults. They are also generally responsible for monitoring the 
performance of those they appoint. This report assesses (1) SSA and VA 
procedures for screening prospective federal fiduciaries, and state 
court procedures for screening prospective guardians; (2) SSA and VA 
monitoring of federal fiduciary performance, and state court 
monitoring of guardian performance; (3) information sharing between 
SSA and VA fiduciary programs and between each of these programs and 
state courts; and (4) federal support for improving state courts' 
oversight of guardianships. 

To obtain this information, we interviewed and contacted officials 
from SSA, VA, and the Administration on Aging (AoA) in the Department 
of Health and Human Services (HHS). We also interviewed officials from 
state courts considered to have noteworthy guardianship programs by 
the National Center for State Courts and other experts. These included 
courts in California, Delaware, the District of Columbia, Florida, 
Minnesota, and Texas. We reviewed relevant federal laws, regulations, 
and policies regarding SSA and VA fiduciary programs, including 
written procedures for screening or determining the suitability of 
proposed fiduciaries and for monitoring their performance. We also 
reviewed compilations of state guardianship laws developed by the 
American Bar Association Commission on Law and Aging and AARP. With 
regard to information sharing in this area and federal support for 
improving court guardianship monitoring, we interviewed relevant 
agency officials and reviewed relevant reports and documents. We did 
not independently verify implementation of federal laws, regulations, 
or policies described in this report. 

We conducted this performance audit between June 2010 and June 2011 in 
accordance with generally accepted government auditing standards. 
These standards require that we plan and perform the audit to obtain 
sufficient, appropriate evidence to provide a reasonable basis for our 
findings and conclusions based on our audit objectives. We believe 
that the evidence obtained provides a reasonable basis for our 
findings and conclusions based on our audit objectives. 

Background: 

Under federal law, SSA[Footnote 6] and VA[Footnote 7] are authorized 
to determine whether beneficiaries are capable of managing their own 
cash benefits and, if not, to designate a responsible third party to 
serve as their fiduciary. SSA-designated fiduciaries are responsible 
for ensuring that these benefits are used to pay for beneficiaries' 
food, clothing, housing, medical care, personal items, and other 
immediate and reasonably foreseeable needs. Similarly, VA fiduciaries 
are required to manage VA payments for the use and benefit of 
veterans. SSA and VA can designate spouses, other family members, 
friends, and organizations to serve as fiduciaries. If an 
incapacitated adult already has a guardian appointed by a court, SSA 
and VA may designate that guardian as the beneficiary's fiduciary. 
Qualified organizations that serve as SSA fiduciaries may receive a 
fee for this service if they represent at least five beneficiaries and 
are not a creditor of the beneficiary.[Footnote 8] VA-designated 
fiduciaries, excluding those who are dependents or other close family 
members, may receive a fee for serving as a fiduciary, if VA 
determines that a commission is necessary to obtain fiduciary 
services.[Footnote 9] SSA and VA fiduciaries permitted to receive fees 
obtain them from the incapacitated person's funds. 

In general, state courts appoint a guardian for adults when a judge or 
other court official determines that an adult lacks the capacity to 
make important decisions regarding his or her own life or property. 
Depending on the incapacitated person's needs, a court can appoint a 
single guardian who is responsible for making all decisions for the 
incapacitated person. A court can also appoint either a "guardian of 
the estate" who makes decisions regarding the incapacitated person's 
property and/or a "guardian of the person" who makes all other 
decisions. Courts can appoint a private professional guardian or 
private organization if an incapacitated adult's income and assets can 
cover their fee.[Footnote 10] Otherwise courts must turn to publicly 
funded individuals or organizations, or unpaid volunteers. 

When state courts appoint guardians, incapacitated adults often 
forfeit some or all of their civil liberties; under SSA and VA 
programs, they do not. Depending on the terms of the court's 
guardianship appointment, they may no longer have the right to sign 
contracts, vote, marry or divorce, buy or sell real estate, decide 
where to live, or make decisions about their own health care. 

Two key federal statutes play an important role in establishing the 
federal government's role and responsibilities with regard to the well-
being and rights of older adults, including those for whom a court has 
appointed a guardian--the Older Americans Act of 1965 (OAA), as 
amended[Footnote 11] and the Elder Justice Act of 2009.[Footnote 12] 
The OAA created the AoA within HHS. Among other responsibilities, AoA 
administers formula grants made to state agencies on aging for elder 
abuse awareness and prevention activities. The act also requires AoA 
to develop objectives, priorities, policy, and a long-term plan for 
facilitating the development, implementation, and continuous 
improvement of a coordinated, multidisciplinary elder justice system 
in the United States.[Footnote 13] The recent passage of the Elder 
Justice Act reaffirmed the role of the federal government in this 
area. The act created the Elder Justice Coordinating Council, made up 
of representatives from the Departments of Health and Human Services 
and Justice, and other relevant federal departments and agencies. The 
council is charged with making recommendations to the Secretary of 
Health and Human Services for the coordination of elder justice 
activities across the federal government. It is also required to make 
recommendations to the Congress for additional legislation or other 
actions it determines to be appropriate in this area. The act requires 
the council to report to the Congress no later than 2 years after 
enactment and every 2 years thereafter. 

SSA, VA, and Some States Take Steps to Screen Fiduciaries or Guardians: 

Both SSA and VA are required by law to investigate potential 
fiduciaries before they are designated to ensure they are suitable, 
and certain types of individuals are prohibited from serving as 
fiduciaries, with the SSA statute being more proscriptive in this 
regard. For example, persons convicted of an offense that resulted in 
imprisonment for more than 1 year cannot serve as SSA or VA 
fiduciaries unless the agencies determine that an exception is 
appropriate.[Footnote 14] However, while the SSA statute prohibits 
former fiduciaries who have misused benefits from serving again, 
unless SSA determines that an exception is in the best interest of the 
beneficiary,[Footnote 15] we could find no explicit statutory or 
regulatory provisions prohibiting these individuals from being 
designated a VA fiduciary. A VA official told us that, in practice, 
the agency does not designate individuals with a known history of 
misuse, although we did not independently verify this. 

Enhancements SSA and VA plan to make in their automated systems could 
help them better screen potential fiduciaries to ensure that prior 
fiduciaries who have misused cash benefits are not designated again. 
SSA is required by statute to establish and maintain a centralized 
file, which includes the names and Social Security numbers of 
representative payees whose certification of payments of benefits has 
been revoked or to whom payment of benefits has been terminated on or 
after January 1, 1991, because of misuse of those benefits. SSA is 
required to periodically update that file and maintain it in a form 
retrievable by each SSA servicing office.[Footnote 16] According to 
SSA officials, the agency currently has such a file. SSA officials 
told us they are enhancing their automated system to better track and 
maintain information for each fiduciary suspected of misusing a 
beneficiary's payments from the initial allegation through final 
resolution. SSA officials indicated that the first phase of these 
enhancements is expected to be completed in July 2011. 

Similarly, VA is required by law to annually report the number of 
former fiduciaries who have misused benefits and other information 
regarding these cases, and includes this information in its annual 
Veterans Benefits Report to the Congress.[Footnote 17] However, VA 
officials told us that when screening potential fiduciaries, field 
office staff must rely on individual lists they compile of former 
fiduciaries in their jurisdiction who have misused payments, and field 
offices do not systematically share their lists with one another. 
Consequently, a field office might unknowingly designate a fiduciary 
that another field office has identified as having misused payments to 
a beneficiary. VA officials indicated, however, that they are in the 
process of updating their case management system, and it will 
eventually contain nationwide information on fiduciary misuse that 
will be accessible to all field offices.[Footnote 18] VA officials 
told us that their new system was a priority and they anticipate it 
will begin providing data on fiduciary misuse in 2012. 

Regarding the courts, according to the 2011 AARP Public Policy 
Institute compilation of state guardianship laws, most states restrict 
who is eligible to be a guardian.[Footnote 19] In 9 states, laws 
prohibit convicted felons from serving as guardians, and 2 states have 
laws that prohibit convicted criminals from doing so. Only 13 states 
require that guardians undergo independent criminal background checks 
before being appointed. 

SSA and VA Have Procedures for Monitoring Fiduciaries, but Monitoring 
Guardians Can Be Challenging for Many Courts: 

SSA and VA have similar procedures for monitoring fiduciary 
performance. In addition, SSA is required by law to establish a system 
of accountability monitoring that includes a requirement for periodic 
reports from fiduciaries.[Footnote 20] Certain SSA organizational 
fiduciaries and individuals serving as a fiduciary for 15 or more 
beneficiaries are subject to periodic on-site review.[Footnote 21] 

VA requires its fiduciaries to submit a two-page accounting report, 
but asks those who are court-appointed guardians to submit the same 
accountings that they submit to the court. All fiduciary accountings 
submitted are required to include documents from financial 
institutions, such as bank statements, covering the entire accounting 
period. VA is required to conduct periodic on-site reviews of 
institutional fiduciaries who oversee more than 20 beneficiaries with 
combined benefits of at least $50,000.[Footnote 22] VA also conducts 
periodic site visits with incapacitated beneficiaries to reevaluate 
their condition and determine if their payments have been properly 
used by their fiduciary. In 2010 we reported that the first routine 
follow-up visit generally takes place 1 year after a fiduciary is 
selected, and subsequent visits typically take place every 1 to 3 
years.[Footnote 23] VA generally requires staff to obtain yearly 
financial reports and bank statements from some fiduciaries to 
determine how beneficiary funds were used.[Footnote 24] 

Most states require court-appointed guardians to be monitored, but 
specific requirements vary by state. According to the 2007 AARP 
report, many have only limited resources to devote to monitoring, 
however.[Footnote 25] The American Bar Association (ABA) Commission on 
Law and Aging[Footnote 26] compilation of state guardianship 
monitoring laws indicates that most states require courts to monitor 
guardianships by obtaining an annual report from each guardian on the 
incapacitated individual's condition, among other things.[Footnote 27] 
In some states, court investigators may visit guardians and their 
wards either regularly or on an as-needed basis. 

The AARP Public Policy Institute has emphasized the importance of 
monitoring guardians and the need for improvement in this area. 
[Footnote 28] To promote improvement, the institute conducted an in-
depth study that identified nine promising current and emerging 
practices to strengthen court monitoring (see table 1).[Footnote 29] 
According to one AARP Public Policy Institute official, little has 
been done to evaluate these practices, however. 

Table 1: Promising Practices for Court Monitoring: 

Promising practice: Reports, accounts, and plans; 
Description: Requiring early first reports to ensure the guardian is 
on track, providing clear and web-accessible forms, and requiring 
prospective plans for personal decisions and estate management. 

Promising practice: Court actions to facilitate reporting; 
Description: Courts should provide ample support for guardians while 
rigorously enforcing reporting responsibilities. E-filing, personal 
instruction by judges and staff, automated reminder notices, and 
scheduling compliance conferences all can help. 

Promising practice: Practices to protect assets; 
Description: To ensure that guardians properly manage finances and to 
prevent financial abuse, courts can require a financial management 
plan, require supporting documentation with accountings, and use 
bonding and restricted accounts. 

Promising practice: Court review of reports and accounts; 
Description: Reports and accounts are of little use if courts do not 
review them and respond to irregularities. Courts can use staff 
auditors and state administrative agencies to conduct a baseline 
review, and could perform more in-depth review in a random sample of 
cases. 

Promising practice: Investigation, verification, and sanctions; 
Description: Someone needs to visit the incapacitated person, and it 
can be a trained staff investigator, a trained volunteer monitor, or a 
court-appointed attorney or investigator. Sanctions such as fines, 
removal, and calling in bonds address malfeasance. 

Promising practice: Database and other technology; 
Description: Use of technology, such as an e-filing system with 
automatic capacity to flag problems, may be the most important trend 
for monitoring in an age when funds for staff are scarce. 

Promising practice: Court links with community groups and government 
agencies; 
Description: Working with community resources and agencies like adult 
protective services and long-term care ombudsmen can leverage training 
resources, enhance volunteer monitoring, and extend the court's reach. 

Promising practice: Guardian training and assistance; 
Description: Court handbooks, videos, and other resources for 
guardians, as well as required training for professional fiduciaries, 
are promising tools. 

Promising practice: Funding for monitoring; 
Description: Ideas for bolstering resources include dedicating filing 
and investigation fees to monitoring, using volunteers well, raising 
the awareness of county councils, and doing "things that do not cost a 
dime." 

Source: AARP Public Policy Institute. Guarding the Guardians: 
Promising Practices for Court Monitoring. 

[End of table] 

These practices have received attention from national organizations in 
the guardianship community, and courts are beginning to integrate some 
into their monitoring efforts. According to an official from the 
National Center for State Courts, the National College of Probate 
Judges is considering incorporating versions of these practices into 
the update of National Probate Court Standards. In addition, national 
organizations in the guardianship community are disseminating these 
practices via their websites as a resource to courts and others, and 
some have been adopted in certain locations. For example, courts with 
limited funding have demonstrated their commitment to strengthen 
monitoring by "bolstering resources." Officials from Delaware, the 
District of Columbia, and Texas said that their states have recruited 
volunteers to help oversee guardians. Officials from Delaware told us 
these volunteers serve as liaisons between guardians and the courts, 
visit guardians and wards, and report to court officials approximately 
once every 6 months. In addition, an official from the AARP Public 
Policy Institute told us one court in Minnesota has adopted a system 
that allows guardians to e-file their accounting reports, that New 
Mexico passed a law requiring newly appointed guardians to file their 
initial report in 90 days instead of a year, and that Nebraska passed 
similar legislation, as well as a requirement that most guardians 
overseeing assets exceeding $10,000 be bonded. 

Although it appears courts are beginning to adopt promising monitoring 
practices aimed at improving oversight of guardians, limited resources 
for monitoring may prevent many courts from adopting most of them. The 
AARP Public Policy Institute reported in 2007 that sufficient 
resources to fund staff, technology, training, and materials are 
needed to effectively monitor guardians, and institute officials told 
us that judges and court administrators would like to improve 
guardianship monitoring. In our 2004 survey of selected state courts 
in California, New York, and Florida, however, most indicated they did 
not have sufficient funds to oversee guardianships.[Footnote 30] Given 
the courts' limited resources, an official from the Public Policy 
Institute observed that evaluations of promising practices aimed at 
establishing their feasibility or effectiveness could encourage courts 
to invest in practices that could improve their monitoring practices. 

Information Sharing among Federal Fiduciary Programs and State Courts 
Could Improve Protection of Incapacitated Adults: 

Federal officials have long recognized the need for better exchange of 
information between federal fiduciary programs, particularly when they 
have beneficiaries in common. In addition, a study of SSA's fiduciary 
program by the National Research Council emphasized the importance of 
information sharing between SSA and state courts. Sharing certain 
information about beneficiaries and fiduciaries could enhance, for 
example, both SSA's and VA's ability to protect the interests of their 
incapacitated beneficiaries. According to agency officials, however, 
SSA and VA fiduciary programs do not systematically share such 
information. VA does have access to this information from SSA, but 
only on a case-by-case basis, and SSA officials indicated that 
obtaining such information from VA may not be cost-effective 
considering the relatively few SSA beneficiaries who also collect VA 
cash benefits. SSA officials also told us they believe that the 
Privacy Act places some limitations on their ability to share their 
fiduciary program information with state courts that appoint guardians. 

Information Sharing between SSA and VA: 

In 2004, we reported that federal officials have long recognized the 
need for better exchange of information between federal fiduciary 
programs, particularly when they have beneficiaries in 
common.[Footnote 31] To improve the ability of these programs to 
adequately protect the interests of incapacitated adults, we 
recommended that SSA convene an interagency study group, consisting of 
representatives from various federal fiduciary programs, to assess the 
cost and benefit of sharing: 

1. the identities of beneficiaries federal agencies have in common and 
have determined to be incapacitated, 

2. the identities of fiduciaries federal agencies designate for 
beneficiaries they have in common, and: 

3. the identities of fiduciaries who fail to fulfill their duties for 
beneficiaries federal agencies have in common. 

While VA indicated its willingness to participate in this study group, 
SSA indicated that leading such a group was beyond its purview. In the 
absence of action by SSA in response to our 2004 recommendation, VA 
has taken steps to promote information sharing by convening an 
interagency working group consisting of VA officials and 
representatives from SSA, the Office of Personnel Management, and the 
Department of Defense.[Footnote 32] This working group first met in 
January 2011 and plans to continue meeting on a quarterly basis. The 
group identified areas for improvement during the first meeting, 
including the need for more data sharing--for example, on fiduciaries 
in each agency who have misused benefit payments--and better alignment 
between different agencies' processes and procedures. 

Although the Privacy Act generally prohibits an agency from disclosing 
information from a system of records without the consent of the 
individual to whom the record pertains, an agency may disclose such 
information without consent if there is a published statement of 
routine use that permits this disclosure.[Footnote 33] SSA officials 
told us that the agency has routine use provisions for multiple SSA 
systems of records that support SSA/VA data exchanges and that there 
is a current data exchange agreement between SSA and VA. In accord 
with this agreement, VA can directly query an SSA automated system on 
a case-by-case basis to obtain information about individual SSA 
beneficiaries. This information includes whether or not SSA has 
determined that the beneficiary is incapacitated and, if so, the 
identity of that beneficiary's SSA fiduciary, the date of the 
fiduciary's appointment, and contact information for the fiduciary. 

Under this data exchange agreement, VA is not able to determine if a 
specific person has ever been appointed an SSA fiduciary or, if so, 
whether that person has ever misused SSA benefits or had his or her 
fiduciary responsibilities revoked by SSA. A VA field office may 
request this information from a local SSA office on a case-by-case 
basis, and SSA policy describes how such requests should be made and 
how SSA should respond to them. 

According to SSA officials, the agency does not routinely request the 
same type of information from VA, however, and the VA data exchange 
agreement does not allow SSA to access information from any VA record 
systems. While it is very common for VA beneficiaries to also collect 
SSA benefits, it is less common for SSA beneficiaries to also collect 
VA benefits. Consequently, SSA officials indicated that it may not be 
cost-effective for SSA to systematically check VA fiduciary program 
information when it designates SSA fiduciaries. Moreover, there are no 
requirements for either SSA or VA to systematically notify the other 
when one of their fiduciaries has misused cash benefits.[Footnote 34] 
SSA policy, however, is to share that information on a case-by-case 
basis if requested by VA. 

Information Sharing between Federal Fiduciary Programs and State 
Courts: 

With regard to state courts' access to SSA beneficiary and fiduciary 
information, officials from two national organizations representing 
elder law attorneys and advocating for elder rights, respectively, 
told us it is difficult for state courts to obtain this information 
from SSA when it is needed. Moreover, the 2007 National Research 
Council report on the SSA fiduciary program emphasized the importance 
of information sharing between SSA and the courts.[Footnote 35] This 
report went on to say that "conflicts among federal law, SSA policies, 
and state practices" could arise when an incapacitated adult's SSA-
designated fiduciary and his or her court-appointed guardian are not 
the same person. Because the accounting requirements and other rules 
that apply to SSA fiduciaries are likely to be different from those 
that apply to court-appointed guardians, the report further noted that 
"violation of Social Security Administration rules, inefficiencies and 
inaccuracies in reporting, delays in payee selection, and duplication 
of effort" could also result. In light of these findings, the report 
recommended that SSA give preference to existing legal guardians when 
designating a fiduciary. SSA regulations indicate that existing 
guardians, if known, should be given preference when SSA designates a 
fiduciary.[Footnote 36] According to SSA officials, however, existing 
guardians are not automatically designated SSA fiduciaries if a more 
suitable payee applicant exists. 

Because a statement of routine use allowing SSA to share beneficiary 
or fiduciary information with state courts does not currently exist, 
SSA does not believe it is permitted to provide information to state 
courts about an SSA beneficiary or that beneficiary's SSA fiduciary 
without the beneficiary's consent. While VA is permitted to access SSA 
information based on a statement of routine use and a data exchange 
agreement with SSA, according to SSA officials, the agency has not yet 
determined whether any existing statement of routine use would permit 
disclosure of SSA information to courts, nor has the agency considered 
establishing one. 

Regarding information sharing between VA and state courts, according 
to a VA official, the agency has no written policy on how requests for 
information about VA beneficiaries from state courts that appoint 
guardians should be handled. However, in guardianship proceedings 
involving VA beneficiaries, the agency does share its information 
about these beneficiaries with a court when a court requests this 
information. In addition, VA currently has ongoing data-sharing 
agreements with courts in Denver County, Colorado, and Hennepin 
County, Minnesota. Further, to encourage data sharing between its 
fiduciary program and courts, VA has engaged in outreach with 
organizations such as the National Academy of Elder Law Attorneys 
[Footnote 37] and the National Guardianship Association.[Footnote 38] 

The Administration on Aging Has Taken Some Steps That Could Help State 
Courts Improve Oversight of Guardianships: 

AoA, within HHS, has provided support to state courts, as well as 
national guardianship organizations for technical assistance, 
training, and dissemination of existing information on guardianship. 
In 2008, it established the National Legal Resource Center (NLRC), in 
part to support demonstration projects designed to improve the 
delivery of legal assistance and enhance elder rights protections for 
older adults with social or economic needs. According to AoA 
officials, with NLRC funding, its partners have provided training, 
case consultation, and technical assistance related to guardianship 
with NLRC funding.[Footnote 39] For example, 

* In response to long-standing issues concerning interstate transfer 
and recognition of guardianship appointments,[Footnote 40] ABA's 
Commission on Law and Aging has helped the Uniform Law 
Commission[Footnote 41] draft and promote adoption of the Uniform 
Adult Guardianship and Protective Proceedings Jurisdiction Act, a 
model law for states.[Footnote 42] 

* The Center for Social Gerontology (TCSG)[Footnote 43] has evaluated 
Utah's public guardian program. 

* TCSG has helped develop recommendations for a public guardianship 
program in Oregon. 

* TCSG has advised South Carolina on revising guardianship provisions 
in its probate code. 

AoA officials told us that, in addition to funding NLRC, the agency 
also has supported efforts to develop training modules on guardianship 
for elder law attorneys, and a 2009 guardianship webinar training. 
[Footnote 44] According to an AoA official, however, AoA has not 
recently supported any efforts to evaluate guardian monitoring 
practices. 

Conclusions: 

Federal agencies and state courts are responsible for ensuring that, 
respectively, fiduciaries and guardians appointed to oversee the cash 
benefits and other finances of incapacitated adults act in their best 
interest. The number of incapacitated adults is likely to grow as the 
population ages, signaling the need for agencies and state courts to 
find better ways to share information that will protect these adults 
from financial exploitation. 

Information about SSA's incapacitated beneficiaries and their 
fiduciaries could help state courts avoid appointing individuals who, 
while serving as SSA fiduciaries, have misused beneficiaries' SSA 
payments in the past, and provide courts with potential candidates for 
guardians when there are no others available. Currently, SSA does not 
have a statement of routine use allowing it to share beneficiary or 
fiduciary information with state courts, however. 

Monitoring court-appointed guardians' performance can prevent 
financial exploitation of incapacitated adults and stop it when it 
occurs. Adopting promising monitoring practices could help courts 
improve monitoring. However, many courts have limited resources, so 
they may be reluctant to invest in practices that have not been proven 
feasible or effective. The federal government has an opportunity to 
lead in this area by supporting evaluation of the feasibility, cost, 
and effectiveness of promising monitoring practices. NLRC's past 
support for development and evaluation of public guardian programs and 
state guardianship regulations has demonstrated AoA's interest in 
guardianship. Moreover, support for pilot projects aimed at protecting 
the welfare of older adults--a key objective of NLRC--positions AoA to 
devote some of its resources to evaluating promising monitoring 
practices. 

Recommendations for Executive Action: 

To help state courts fulfill their role in appointing guardians for 
incapacitated adults, we recommend the Commissioner of SSA take 
whatever measures necessary to allow it to disclose certain 
information about SSA beneficiaries and fiduciaries to state courts, 
upon request, including proposing legislative changes needed to allow 
it to do so. 

To help state courts more effectively monitor guardianships, we 
recommend that the Secretary of HHS direct AoA to consider supporting 
the development, implementation, and dissemination of a limited number 
of pilot projects to evaluate the feasibility, cost, and effectiveness 
of one or more generally accepted promising practices for improving 
court monitoring of guardians. 

Agency Comments: 

We provided a draft of this report to HHS, SSA, and VA for comment. 
Their responses can be found in Appendices I, II, and III. HHS 
indicated that Section 420(a)(2) of the Older Americans Act (OAA), as 
amended, gives the department the statutory authority to support the 
type of pilot projects we recommend it consider.[Footnote 45] It also 
noted that pilots incorporating elements of interface and 
collaboration with state courts could be incorporated into future 
grant design structures within its Model Approaches to Statewide Legal 
Assistance Systems demonstration grant projects (Model Approaches). 
Using Model Approaches to support such pilots would be consistent with 
our recommendation. We encourage AoA to pursue incorporating pilots of 
promising guardianship monitoring practices into its future grant 
design structures for Model Approaches. 

In its comments, SSA asserted that Privacy Act implications prevent 
the agency from sharing information about beneficiaries and 
fiduciaries with state courts without their written consent. According 
to SSA, the only alternative, under the Act, to disclosing such 
information without consent is a routine use statement. SSA believes 
this is not an option, however, because sharing this information with 
state courts does not appear to be compatible with the purpose for 
which it was collected. 

Aside from Privacy Act implications in this area, SSA cited other 
reasons why it did not consider our recommendation viable. 
Specifically, the agency indicated that disclosure of information to 
state courts is outside its mission and, as a result, SSA would have 
to charge state courts for providing this information because it 
cannot use congressionally-appropriated funds for this purpose. SSA 
also stated that the potential cost of developing and maintaining data 
sharing agreements with every court that makes guardianship decisions 
would be prohibitive. 

While we recognize SSA's concerns, we believe these are issues the 
agency may be able to address. For example, in response to SSA's 
concern about the cost of developing a system for sharing its 
information with state courts, our recommendation is intended to be 
general enough to allow the agency to determine the most cost-
effective method for doing so. Also, we are not specifically 
recommending that each court have access, similar to VA's, to an SSA 
automated data system. Accordingly, data exchange agreements with 
every relevant court may not be necessary. 

Despite SSA's concerns, the potential benefits to incapacitated SSA 
beneficiaries justify providing certain information about 
beneficiaries and fiduciaries to state courts upon request on a case- 
by-case basis. For example, a court's request for the identity of a 
beneficiary's SSA fiduciary, if there is one, could provide a 
potential candidate for that beneficiary's guardian when no other 
candidates are available. Also, a court's request for information 
about whether a potential guardian has ever served as an SSA 
fiduciary, as well as information about that individual's performance 
as a fiduciary, could be used to aid in determining that individual's 
suitability, or unsuitability, to serve as a guardian. Moreover, 
providing such information to a state court opens communication with a 
court that could alert SSA to a beneficiary's potential incapacity and 
need for an SSA fiduciary. It could also facilitate the appointment of 
a single person to manage a beneficiary's affairs, a goal the National 
Research Council recommended SSA pursue. 

Consequently, we continue to believe that it is in the best interest 
of incapacitated SSA beneficiaries for the agency to disclose certain 
information about beneficiaries and fiduciaries to state courts, upon 
request. Given SSA's position that the Privacy Act prevents the agency 
from undertaking this important activity, we now recommend that it 
take whatever measures are necessary to allow it to do so, including 
proposing legislative changes. 

HHS, SSA, and VA provided technical comments on our draft report, 
which we incorporated as appropriate. VA also provided a description 
of information sharing activities within its Fiduciary Program. 

As agreed with your office, unless you publicly announce this report's 
contents or authorize its release sooner, we will not distribute it 
until 30 days from the date of issuance. 

We are sending copies of this report to HHS, SSA, VA, relevant 
congressional committees, and other interested parties. We will also 
make copies available to others upon request. This report will be 
available at no charge on GAO's Web site at [hyperlink, 
http://www.gao.gov]. 

If you or your staff have any questions about this report, please 
contact me at (202) 512-7215 or brownke@gao.gov. Contact points for 
our Offices of Congressional Relations and Public Affairs can be found 
on the last page of this report. Key contributors to this report are 
listed in appendix IV. 

Sincerely yours, 

Signed by: 

Kay E. Brown: 
Director, Education, Workforce, and Income Security Issues: 

[End of section] 

Appendix I: Comments from the Department of Health and Human Services: 

Department Of Health & Human Services: 
Office Of The Secretary: 
Assistant Secretary for Legislation: 
Washington, DC 20201: 

July 6, 2011: 

Kay E. Brown, Director: 
Education, Workforce and Income Security Issues: 
U.S. Government Accountability Office: 
441 G Street N.W. 
Washington, DC 20548: 

Dear Ms. Brown: 

Attached are comments on the U.S. Government Accountability Office's 
(GAO) draft report entitled, "Incapacitated Adults: Oversight of 
Federal Fiduciaries and Court-Appointed Guardians Needs Improvement" 
(GAO 11-678). 

The Department appreciates the opportunity to review this report prior 
to publication. 

Sincerely, 

Signed by: 

Jim R. Esquea: 
Assistant Secretary for Legislation: 

Attachment: 

[End of letter] 

General Comments Of The Department Of Health And Human Services (HHS) 
On The Government Accountability Office'S (GAO) Draft Report Entitled, 
"Incapacitated Adults: Oversight Of Federal Fiduciaries And Court-
Appointed Guardians Needs Improvement" (GAO-11-678): 

The Department appreciates the opportunity to review and comment on 
this draft report. 

We note GAO's recognition that the Administration on Aging (AoA) has 
done substantial work in this area of critical importance to the 
independence and financial security of seniors. 

GAO Recommendation to HHS: 

To help state courts more effectively monitor guardianships, we 
recommend that the Secretary of I IRS direct the Administration on 
Aging to consider supporting the development, implementation, and 
dissemination of a limited number of pilot projects to evaluate the 
feasibility, cost, and effectiveness of one or more generally accepted 
promising practices for improving court monitoring of guardians. 

AoA Response: 

Statutory authority currently does exist for the creation of potential 
pilot projects as described by GAO under Section 420 (a)(2) of the 
Older Americans Act (OAA), which is intended to support demonstration 
projects related to the delivery of legal assistance and elder rights 
protections to older persons with social or economic needs. The Model 
Approaches to Statewide Legal Assistance Systems (Model Approaches) 
demonstration grant projects are intended to support the creation of 
high quality and high impact legal service delivery systems that 
effectively target scarce legal resources to older persons most in 
need. Model Approaches have proven highly effective in enhancing the 
delivery of legal service to seniors in the most need of assistance on 
priority legal issues. 

Existing Model Approaches demonstration project parameters may be 
sufficiently broad in terms of their legal "systems building" 
objectives so that elements of interface and collaboration with state 
courts on the issue of guardianship monitoring could potentially be 
incorporated into future grant design structures. AoA is also 
positioned to sharpen focus through the National Legal Resource Center 
(NLRC) on the provision of technical support and training to states on 
guardianship monitoring issues and continues to explore data 
collection options related to elder victims of guardianship abuse. 

[End of section] 

Appendix II: Comments from the Department of Veterans Affairs: 

Department Of Veterans Affairs: 
Washington DC 20420: 

July 8, 2011: 

Ms. Kay E. Brown: 
Director, Education, Workforce, and Income Security Issues: 
U.S. Government Accountability Office: 
441 G Street, NW: 
Washington, DC 20548: 

Dear Ms. Brown: 

The Department of Veterans Affairs (VA) has reviewed the Government 
Accountability Office's (GAO) draft report, "incapacitated Adults: 
Oversight of Federal Fiduciaries and Court-Appointed Guardians Needs 
Improvement" (GAO-11-678) and is providing technical comments in the 
enclosure. 

VA appreciates the opportunity to comment on your draft report. 

Sincerely,  

Signed by: 

John R. Gingrich: 
Chief of Staff: 

Enclosure: 

[End of letter] 

Department of Veterans Affairs (VA) Comments to Government 
Accountability Office (GAO) Draft Report: Incapacitated Adults; 
Oversight of Federal Fiduciaries and Court-Appointed Guardians Needs 
Improvement (GA0-11-678): 

Additional Comments: 

In June 2011, VA formed a workgroup to identify areas for improving 
collaboration between VA Medical Center (VAMC) social workers and 
fiduciary program staff and to clarify roles and responsibilities in 
cases of mutual concern and collaboration. 

The Fiduciary Program provides oversight of VA benefits paid to 
beneficiaries who are unable to manage their funds because of injury, 
disease, or age-related infirmities. Social workers often serve as 
case managers for Veterans determined to be at high risk, including 
those with a fiduciary, guardian, and/or surrogate decision-maker. 
Social workers coordinate services and care provided to the Veteran 
and monitor high-risk Veterans for potential abuse and exploitation. 

As routine practice, social workers develop an information sharing 
relationship with the Fiduciary Program at the VA Regional Office (RO) 
in their area. They consult with the RO if it appears a Veteran is 
being financially exploited and questions exist on how to proceed.
Social workers notify the RO if a Veteran has a fiduciary who is not 
providing for his or her needs. Social workers also notify the RO when 
there are concerns that a Veteran is at risk and may be in need of an 
evaluation for a fiduciary. 

VA is also developing plans to improve communication as well as 
conduct a nationwide training program on the mutual interests and 
opportunities for enhancing collaborations and fine-tuning the role of 
social workers. The target date for training is August 2011. 

[End of section] 

Appendix III: Comments from the Social Security Administration: 

Social Security: 
Office of the Commissioner: 
Social Security Administration: 
Baltimore, MD 21235-0001: 

July 12, 2011: 

Ms. Kay E. Brown: 
Director, Education, Workforce, and Income Security Issues: 
United States Government Accountability Office: 
441 G. Street, NW: 
Washington, D.C. 20548: 

Dear Ms. Brown, 

Thank you for the opportunity to review the draft report, 
"Incapacitated Adults: Oversight of Federal Fiduciaries and Court-
Appointed Guardians Needs Improvement" (GAO-11-678). Our response is 
enclosed. 

If you have any questions, please contact me at (410) 965-0520. Your 
staff may contact Frances Cord, Director, Audit Management and Liaison 
Staff, at (410) 966-5787. 

Sincerely, 

Signed by: 
Dean S. Landis: 
Deputy Chief of Staff: 

Enclosure: 

[End of letter] 

Response To Recommendation In The Government Accountability Office 
(GAO) Draft Report "Incapacitated Adults: Oversight Of Federal 
Fiduciaries And Court-Appointed Guardians Needs Improvement" GA0-11-
678: 

Recommendation: 

The Commissioner of the SSA should determine how, under applicable 
laws and consistent with SSA's existing legal authority, the agency 
might be permitted to disclose information about incapacitated 
beneficiaries and their fiduciaries to State courts. 

Response: 

We disagree. We previously evaluated applicable laws to determine if 
we may disclose this information to States. We assert, as we did in 
response to your 2004 report, "Guardianships —Collaborations Needed to 
Protect Incapacitated Elderly People" (GAO-04-655), that privacy 
implications prevent us from doing so. 

We may only disclose information to State courts or other Federal 
agencies in accordance with the Privacy Act, section 1106 of the 
Social Security Act, and regulations at 20 C.F.R. Part 401. The 
Privacy Act governs how Federal agencies collect, use, maintain, and 
disclose personal information, and it forbids disclosure of personal 
information about a living person without the written consent of the 
individual or someone who can consent on the individual's behalf. 
Without consent, the only relevant Privacy Act exception is the 
routine use exception 5 U.S.C. § 552a(b)(3). 

To create a routine use, we must determine if the requested disclosure 
is compatible with the purpose for which we collect the information. 
In this case, it does not appear the proposed disclosure is 
compatible. We collect information about representative payees solely 
to evaluate whether they are fit to manage Social Security benefits. 
State-appointed legal guardians, on the other hand, may have broader 
legal authority to care for personal property and other interests. 
There is no clear indication of how any SSA disclosure of beneficiary 
or representative payee information to a State court is compatible 
with SSA's collection of the information to assist beneficiaries in 
managing their benefits or payments. 

There are other reasons why your recommendation is not viable. 
Specifically: 

* Disclosure of the information to State courts is outside our 
mission. We use appropriated funds from Congress to monitor 
representative payees' management of Social Security payments to our 
beneficiaries. We cannot use appropriated funds to provide this 
information to State courts. If we disclosed the requested information 
to States, we would have to charge them for our services. 

* It is not cost effective. In your September 2010 Report, 
"Guardianships: Cases of Financial Exploitation, Neglect and Abuse of 
Seniors" (GAO-10-1046), you noted "...court-appointed guardians also 
serve as federal representative payees in 1 percent of cases at 
SSA..." It would be prohibitively expensive to develop and maintain data
sharing arrangements with every court that makes guardianship 
decisions, especially in light of the small population of cases at 
issue. 

[End of section] 

Appendix IV: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Kay E. Brown, (202) 512-7215, brownke@gao.gov: 

Staff Acknowledgments: 

Clarita A. Mrena was the Assistant Director on this study. Divya Bali 
and Benjamin P. Pfeiffer contributed substantially to all aspects of 
the work. Luann M. Moy and Walter K. Vance provided technical 
assistance. Kathleen L. Van Gelder assisted with report writing. 
Jessica A. Botsford and Sheila R. McCoy provided legal counsel. 

[End of section] 

Footnotes: 

[1] In this report, we use the term "fiduciary" to refer to both SSA 
representative payees and VA fiduciaries. 

[2] In this report, we use the term "guardian" to refer to both 
guardians and conservators. 

[3] We use the term "incapacitated," recognizing that federal agencies 
and states use a variety of terms and somewhat different definitions 
to assess whether someone is in need of a guardian or representative 
payee. SSA, for example, assigns a fiduciary to people it has 
determined are incapable of managing or directing the management of 
benefit payments. VA uses the term "incompetent" instead of 
incapacitated. Most states use the term "incapacitated," but others 
use "incompetent," "mentally incompetent," "disabled," or "mentally 
disabled." 

[4] For earlier reports on these topics, see GAO, Guardianships: 
Collaboration Needed to Protect Incapacitated Elderly People, 
[hyperlink, http://www.gao.gov/products/GAO-04-655] (Washington, D.C.: 
July 13, 2004), and Guardianships: Little Progress in Ensuring 
Protection for Incapacitated Elderly People, [hyperlink, 
http://www.gao.gov/products/GAO-06-1086T] (Washington, D.C.: Sept. 7, 
2006). 

[5] GAO, Guardianships: Cases of Financial Exploitation, Neglect, and 
Abuse of Seniors, [hyperlink, http://www.gao.gov/products/GAO-10-1046] 
(Washington, D.C.: Sept. 30, 2010). 

[6] SSA administers the Old-Age and Survivors Insurance (OASI) and 
Disability Insurance (DI) cash benefit programs. OASI provides monthly 
payments to eligible retired workers and their families and to 
survivors of deceased workers. DI provides monthly payments to 
eligible workers with disabilities and their families. SSA also 
administers the Supplemental Security Income program (SSI), a federal 
cash assistance program that guarantees a minimum level of income for 
eligible needy aged, blind, and disabled individuals. 

[7] VA administers its disability compensation and pension programs. 
Disability compensation is paid monthly to eligible veterans with 
service-connected injuries or diseases. VA pension benefits are paid 
monthly to eligible wartime veterans who have limited or no income and 
are over 65, or are permanently and totally disabled. 

[8] Only state or local government agencies or community-based 
nonprofit social service agencies bonded and licensed by the state (if 
licensing is available in the state), that have SSA's prior approval, 
can receive a fee for serving as an incapacitated beneficiary's 
fiduciary. 

[9] Court-appointed guardians receiving fees for guardianship services 
that VA selects as fiduciaries may not collect additional VA fiduciary 
fees. 

[10] Professional guardians typically serve as guardian for more than 
one client at a time. They can work independently or be a part of an 
organization such as a private guardianship agency or a financial 
institution. 

[11] 42 U.S.C. § 3001 et seq. 

[12] Pub. L. No. 111-148, tit. VI, subtit. H, §§ 6701 - 6703, 124 
Stat. 119, 782-804 (2010) (to be codified at 42 U.S.C. §§ 1320b-25, 
1395i-3a, and 1397j - 1397m-5). 

[13] The OAA defines elder justice as "efforts to prevent, detect, 
treat, intervene in, and respond to elder abuse, neglect, and 
exploitation and to protect older individuals with diminished capacity 
while maximizing their autonomy; and the recognition of the [older] 
individual's rights, including the right to be free of abuse, neglect, 
and exploitation." 42 U.S.C. § 3002(17). 

[14] 42 U.S.C. §§ 405(j)(2)(C)(i)(IV) and 1383(a)(2)(B)(iii)(IV). 

[15] 42 U.S.C. § 405(j)(2)(C)(ii) and 1383(a)(2)(B)(iv). 

[16] 42 U.S.C § 405(j)(2)(B)(ii). 

[17] 38 U.S.C. § 5510(5)-(7). 

[18] See GAO, VA's Fiduciary Program: Improved Compliance and Policies 
Could Better Safeguard Veterans' Benefits, GAO-10-241 (Washington, 
D.C.: February 26, 2010). 

[19] The AARP Public Policy Institute was created to inform and 
stimulate public debate on the issues related to aging and to promote 
development of sound, creative policies to address the common need for 
economic security, health care, and quality of life. 

[20] 42 U.S.C. §§ 405(j)(3)(A) and 1383(a)(2)(C). 

[21] 42 U.S.C. §§ 405(j)(6)(A) and 1383(a)(2)(G)(i). 

[22] 38 U.S.C. § 5508. 

[23] [hyperlink, http://www.gao.gov/products/GAO-10-241]. Unscheduled 
reviews may also be conducted as needed. During on-site reviews, staff 
are required to examine the financial records of multiple 
beneficiaries concurrently and examine any questionable expenses. 

[24] VA requires financial reports from fiduciaries who oversee 
beneficiary estates of $10,000 or more, who are also the beneficiary's 
guardian appointed by a court, who are authorized to collect a fee, 
who oversee estates of beneficiaries who receive the maximum 
disability payment possible, who are appointed temporarily, or in 
other situations. Exceptions to this requirement can include 
fiduciaries who are spouses and chief officers of federal institutions. 

[25] AARP Public Policy Institute. Guarding the Guardians: Promising 
Practices for Court Monitoring. Washington, D.C.: 2007. 

[26] The ABA Commission on Law and Aging was created to strengthen and 
secure the legal rights, dignity, autonomy, quality of life, and 
quality of care of elders. It carries out this mission through 
research, policy development, technical assistance, advocacy, 
education, and training. 

[27] See "Monitoring Following Guardianship Proceedings (as of 
December 31st, 2009)" at [hyperlink, 
http://www.americanbar.org/groups/law_aging/resources/guardianship_law_p
ractice.html]. 

[28] AARP, Guarding the Guardians. 

[29] This AARP study consisted of site visits to four courts with what 
AARP considered to be exemplary monitoring practices, telephone 
interviews with two courts testing new technologies for monitoring, 
and a symposium of guardianship experts, including judges, court 
monitoring staff, elder law and mental health attorneys, and 
representatives from the National Center for State Courts, the 
Conference of State Court Administrators, and the National 
Guardianship Association. 

[30] We surveyed California superior courts in each of California's 58 
counties, circuit courts in each of Florida's 67 counties, and courts 
in each of New York's 12 judicial districts. We received usable survey 
responses from 42 California courts, 55 Florida courts, and 9 of New 
York's judicial districts for response rates of 72 percent, 82 
percent, and 75 percent, respectively. 

[31] [hyperlink, http://www.gao.gov/products/GAO-04-655]. 

[32] The Office of Personnel Management administers the fiduciary 
program for recipients of federal retirement benefits. The Department 
of Defense administers the fiduciary program for military retirement 
recipients. 

[33] The Privacy Act applies to personal information under the control 
of an agency that is maintained in a system of records, which is any 
group of personal information that is retrieved by the name of the 
individual or other identifier. Under the Privacy Act, each agency 
that maintains a system of records must publish a notice describing 
that system and include a statement of routine uses of those records, 
including the categories of the uses and the purpose of use. A routine 
use of a system of records must be compatible with the purpose for 
which the record was collected. 5 U.S.C. § 552a. 

[34] In addition, neither SSA nor VA is required to notify fiduciary 
programs administered by other federal agencies, such as the Office of 
Personnel Management. 

[35] National Research Council, Improving the Social Security 
Representative Payee Program: Serving Beneficiaries and Minimizing 
Misuse, Committee on Social Security Representative Payees, Division 
of Behavioral and Social Sciences and Education. (Washington, D.C.: 
The National Academies Press, 2007). 

[36] 20 C.F.R. §§ 404.2021 and 416.621. 

[37] The National Academy of Elder Law Attorneys is a professional 
association of attorneys dedicated to improving the quality of legal 
services provided to seniors and people with special needs. 

[38] The National Guardianship Network is a group of 10 national 
organizations created to promote effective guardianship law and 
practice. It includes AARP; the ABA Commission on Law and Aging; the 
ABA Section of Real Property, Trust and Estate Law; the Alzheimer's 
Association; the American College of Trust and Estate Counsel; the 
Center for Guardianship Certification; the National Academy of Elder 
Law Attorneys; the National Center for State Courts; the National 
College of Probate Judges; and the National Guardianship Association. 

[39] NLRC partners are the American Bar Association Commission on Law 
and Aging, the Center for Elder Rights Advocacy, the Center for Social 
Gerontology, the National Consumer Law Center, and the National Senior 
Citizens Law Center. 

[40] See [hyperlink, http://www.gao.gov/products/GAO-04-655,12], 30-32. 

[41] The Uniform Law Commission is a nonprofit unincorporated 
association composed of commissions on uniform laws from the states, 
the District of Columbia, the Commonwealth of Puerto Rico, and the 
U.S. Virgin Islands. It was created to improve state laws by drafting 
uniform state laws on subjects where uniformity is desirable and 
practicable. 

[42] According to the Uniform Law Commission, as of June 15, 2011, 28 
states and the District of Columbia have passed the Uniform Adult 
Guardianship and Protective Proceedings Jurisdiction Act. 

[43] The Center for Social Gerontology is a nonprofit research, 
training, and social policy organization dedicated to promoting the 
individual autonomy of older persons and advancing their well-being in 
society. 

[44] National Consumer Law Center. Nuts and Bolts on Guardianship as 
Last Resort: The Basics on When to File and How to Maximize Autonomy. 

[45] 42 U.S.C. § 3022i (a)(2). 

[End of section] 

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