Lawmakers: Nebraskans who need guardians, conservators could benefit from public program

By CHRISTINE SCALORA  Associated Press First Posted: March 01, 2014 - 10:26 am Last Updated: March 01, 2014 - 10:29 am

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LINCOLN, Nebraska — Some of the state's most vulnerable people who can't make decisions on their own could soon be supported by a state guardian.
A bill creating an Office of the Public Guardian advanced from the first round on a unanimous vote on Feb. 21 as Nebraska edges toward ending its status as the only state without such an office.
Under current law, a county court can appoint a guardian or conservator to someone who is unable to make responsible decisions for themselves, due to reasons such as disability or mental illness. But in some cases there is no one willing or able to serve in this role.
A guardian is appointed to oversee life decisions, including health care and residence, while a conservator deals with money and property.
A bill introduced by Sen. Colby Coash, of Lincoln, would create an office with a director, deputy director and up to 12 associate public guardians. The office would serve in situations of last resort where there is no guardian or conservator.
There are some very vulnerable people who are at risk of being taken advantage of, Coash said, and these vulnerable people need someone to provide oversight.
The need is rising as baby boomers age and get to a point where more need the help of a guardian or conservator, said Sen. Steve Lathrop, of Omaha.
"You have a number of people who don't have the means or the family or anyone interested in them to serve in that capacity," Lathrop said.
Now, without a statewide guardian, county courts ask lawyers to volunteer to serve, Lathrop said.
"The need has exceeded the capacity of lawyers who volunteer," Lathrop said.
Joanne Farrell, a social worker at Aging Partners in Lincoln, which offers information and services to seniors, has seen the ways seniors can be taken advantage of.
Some may get scammed through an online dating website or by thinking they've won something, she said.
There has been a need for this program for a long time, she said.
"The communities like to take care of their own, but at this point we're seeing there is a need everywhere in the state," Farrell said.
An auditor's report last year on Department of Health and Human Services programs that help people who are aged, blind and disabled found that one person, Judith Widener, had served as a guardian, conservator, or both, for more than 600 people in the state.
Widener, of Bayard, has been charged with stealing more than $35,000 intended for court-appointed wards for her personal use. Earlier this month Widener pleaded not guilty to a felony theft charge, and she is currently out on bond.
That case is the biggest example of abuses and problems in the current system, Coash said.
Coash's bill would require each state guardian to serve no more than 40 people.
Lathrop introduced a similar bill in 2007 that stalled because of concerns about the cost. Since then, Lathrop said the need for such an office has grown.
If created, the office would also provide training and support for members of the public who serve as guardians or conservators. The bill is expected to cost $2.4 million in state funds over the next two fiscal years, according to the bill's fiscal note.
The bill will not eliminate the need to rely on volunteers, Coash said.
"At least it will relieve some of the immediate, pressing needs and let us get our hands around the problem a little bit better," he said.
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The bill is LB920