PROPOSED PLATFORM STATEMENT - SENIORS
DIGNITY FOR ALL
We will ensure that elderly Americans and people
with disabilities can live in
dignity, with quality options for long-term care.
We will work to expand
alternative care options and provide better
assistance for those who give
care. No one should be kept in a nursing home or
institution if they prefer
living in dignity elsewhere and can do so. No one
should be forced into, or
kept under, a guardianship or conservatorship by
any public or private entity
against their will. We will work to ensure the
re-enforcement of the Civil
Rights Act of 1871 and the Writ of Habeas Corpus
to protect the rights of all
Americans from guardianship abuses and appropriations.
ADDRESSING ELDER ABUSE AND FINANCIAL EXPLOITATION OF THE
ELDERLY
We will ensure that the systems in place to
address the abuse of the elderly
and disabled persons in nursing homes as well as
in the community are
properly funded and reformed where needed to
improve their impact and
effectiveness. We will work on developing a
comprehensive plan for
investigating and pursuing the financial
exploitation of the elderly. We will
ensure that efforts to protect our elderly involve
collaboration between the
various law enforcement and protective agencies so
that these crimes can be
dealt with swiftly and judiciously, thus ensuring
that victims and family
members who try to help them are not denied due process.
NATIONAL GUARDIANSHIP AND CONSERVATORSHIP REFORM
We will work to improve the Guardianship and
Conservatorship laws and
procedures in the many State Court Systems across
the Country and will work
to implement an oversight system to ensure that
the system cannot be used
by perpetrators to financially exploit or abuse
the elderly through outrageous
and unjustified fees and appropriations.
We will encourage the implementation of the new
uniform guardianship code
to ensure that all states have common guardianship
laws and systems. We
will implement a guardianship support system for
victims and their families
with counseling and legal aid support services for
indigent wards and for their
guardians. We will work to ensure that a disabled
person’s family members
and loved ones, including those identified in any
pre-planning documents, will
be the first ones considered to be the guardian
before any court appointed
guardian can be assigned and that any allegations
that a family member is
unfit is proven in a court before that person is
denied the right to be the
guardian.
We will work to ensure that guardianship laws
and code are enforced and
respected in and out of the courtrooms and
that justice is served in an
expeditious manner minimizing the cost to the
ward. We will work to ensure
that guardians (including family members)
shall not be required or forced to
use their own personal funds for the care of
the ward or the property under
any circumstances and shall be immune from
prosecution if their acts benefit
the ward.
We will encourage a guardianship system that
keeps the elderly and disabled
person in their communities, near or with
their families whenever possible
and will work to ensure that all of the rights
of adults in guardianships and
their families are respected and honored.