Bill would tighten Pennsylvania guardianship laws for seniors and disabled people
PITTSBURGH (KDKA) — A woman accused of stealing $100,000 from elderly Pennsylvanians she was supposed to protect – years after serving federal prison time for similar crimes in Virginia – might not have had the opportunity to strike again if a current proposal had been law, that bill's sponsor said Tuesday.
"With these modifications and changes, we will strengthen Pennsylvania's law and protect those who need to be protected the most vulnerable in our commonwealth," state Sen. Lisa Baker, a Republican who represents northeastern Pennsylvania, said of her bill to strengthen guardianship laws.
One impetus for the bill, which has bipartisan support? Cases in which three people were accused in 2019 of stealing more than $1 million from Philadelphia-area seniors in their care between 2012 and 2018. Among those three was then-58-year-old Gloria Byars. A simple internet search by the niece of one alleged victim revealed Byars' conviction and prison sentence years earlier.
Byars denied wrongdoing.
Lois Murphy, a court of common pleas judge in Montgomery County, said judges face the tough task of appointing guardians without the full authority, under current law, to discover past violations outside Pennsylvania.
"If we don't know that that person is trustworthy, we could be actually creating a worse problem than the problem we were trying to solve," said Murphy while testifying Tuesday at a Senate committee meeting.
Baker's bill would require comprehensive criminal records checks. It would also require the automatic appointment of a lawyer for anyone facing guardianship, a requirement already present in 42 other states, according to information presented at the hearing – people in dire enough shape to face the loss of control over their own affairs, the thinking goes, can't be expected to know on their own to ask for a lawyer.
And the bill would specify that guardianship – in which someone typically gives up control of nearly all key decisions involving health care, finances and beyond – should be a last resort only after the consideration of more targeted approaches, such as a power of attorney.
"Any time you limit an individual's personal rights, restricting them in any way, we should be looking at it very, very carefully," Baker said.
She credited state Sen. Art Haywood (D-Philadelphia) with elevating the issue in the aftermath of the cases involving Byars.
"Fortunately, law enforcement began to step up as these matters got more attention," Haywood said. "And Gloria Byars is being prosecuted. So for me, this legislation came directly from that terrible experience."
Guardians are commonly appointed for seniors and disabled people who can't take care of themselves. Baker conceded some guardianships are necessary, and some guardians are good.
Sherri Brenneman of Huntingdon in western Pennsylvania said her mother had severe mental illness. Brenneman and her sister and brother were highly involved in their mom's life.
"But we all three knew we couldn't do it, not because we couldn't be responsible, but just because we wanted to support her in that family relationship," Brenneman said.
In other words, they feared whether she would accept the love she also needed from them if they had to be the "bad guys" when it came to making difficult decisions.
The Huntington-Bedford-Fulton Area Agency on Aging stepped in.
"They even said, 'Let us be the bad guy,'" Brenneman said.
In other words, help deflect any blame away from the children. She said it has worked: Their mother is doing rather well.
Three warning signs provided by AARP that could indicate a senior in your life might be falling victim to emotional or financial abuse from a caregiver:
- A drop in communication from the person
- The sudden addition of signatories to a bank account
- Substandard care, unpaid bills or eviction notices