Representative Paul Brodeur Offers Fresh Solution To Old Problem

An editorial from Rep. Paul Brodeur on a bill he has filed relative to Public Guardianship.

The axiom that a society can be best judged based not on how strong, or wealthy, or powerful it is, but on how it treats its most vulnerable members holds truer today than ever before. Traditionally, Massachusetts has been a leader in caring for and protecting those who cannot care for themselves; however the needs of one particular population remain largely unaddressed by the state.

Recent studies commissioned by the Massachusetts Guardianship Institute indicate that there are between 3,200 and 3,800 citizens who are incapable of independent decision making due to mental health issues who do not have a living relative or friend willing to act as their legal guardian.

Additionally, these individuals cannot afford the costs of paying the fees associated with professional guardianship services. This vulnerable population has little to no recourse as there currently is no public guardianship program in place.

A legal guardian is tasked with the responsibility of acting in the best interest of their client. These decisions may range from real estate and property transactions, estate planning, end of life decisions, to medical care. Being a guardian may also include acting as a ‘quarterback’, making sure that healthcare providers, social workers, therapists and housing agencies are working in concert with each other to provide the most appropriate services. Guardians should be limited to providing the least restrictive degree of decisional supports required to serve the client. For the incapacitated and indigent, few advocates can step up to offer their services as guardian because of the financial strain and endless hours these cases often require.

This legislative session, I was proud to file An Act relative to Adult Guardianship and Decisional Support. If enacted into law this bill would rely on an innovative approach to deliver services in a thoughtful and comprehensive way. This public-private partnership recognizes the financial struggles faced by State government, and leverages public investment with private capital resources.

The bill calls for the creation of a small supervisory office within the Executive Office of Health and Human Services. This government agency would be primarily concerned with overseeing a privately- funded non-profit which would provide the funding, recruitment of guardians, training, and management of guardian services.

Accountability is key in producing effective public policy. This bill calls for the creation of an Advisory Council, appointed by the Governor, which would act as a conduit between the community and the service delivery non-profit. In addition to this oversight, the Public Guardian would benefit from the option of conducting research internally in order to optimize outcomes and improve the quality of care.

What to do with society’s most needy will always remain a troubling and difficult social question. I am eager to promote this legislation on Beacon Hill because I have hope that it is a fresh solution to this age old problem. Several studies in other states indicate that a Public Guardianship program can provide substantial long-term savings by improving quality of life as well as reducing costs in health care, long-term care, social services, housing, and other costs that may be incurred when nobody is available to coordinate treatment or assist with other crucial decisions for individuals with diminished capacity.

By setting up a Public Guardian, Massachusetts will create a humane and efficient means for meeting the needs and protecting the rights of this vulnerable population.