Our nation’s Capital was the stage for Indiana judges to tell a world gathering of leaders in the adult guardianship arena about Indiana’s cutting edge contribution to the cause.
On May 30, 2014, a speaking delegation from Indiana, led by Fountain Circuit Court Judge Susan Orr Henderson and Lake Superior Court Judge Diane Kavadias Schneider, presented at the World Congress on Adult Guardianship in Washington, DC.
Speaking to over one hundred individuals, Indiana’s session on the development of an online guardianship registry prompted several conference attendees into expressing an interest in developing similar registries in their state. At present, Indiana is one of the only states to provide online access on the status of adult and minor guardianships.
“I think conference attendees were interested in hearing about the registry because it is an innovative way to share vital information regarding incapacitated persons under guardianship,” said Judge Schneider. “The registry will provide valuable data as to the demographics of persons under guardianship as well as the types of guardianships in place. These statistics can be useful in continuing dialogue on how best to serve the needs of incapacitated persons.”
The development of Indiana’s Guardianship Registry began in 2012 under the Probate Committee of the Judicial Conference of Indiana, in conjunction with the Indiana Adult Guardianship State Task Force (IAGS). Chaired by Judge Henderson, the Probate Committee was instrumental in pushing for development of the Registry to provide courts and law enforcement with better oversight on guardianships and to enhance the protection of vulnerable adults throughout the state.
The Registry will provide non-confidential information to the public, including: the name of the protected person, the name of the appointed guardian, the protected person’s year of birth, whether the guardianship case is active or expired, when the letters of guardianship were issued, the county issuing the guardianship, and the guardianship case number. Hospitals, banks, law enforcement, mental health facilities, government agencies, and other service providers, who are often placed in emergency situations, will also be able to check the Registry to determine if a person is under a guardianship and who is the court-appointed guardian.
The Registry also tracks important data for court staff, including the number of adult guardianships, minor guardianships, guardianships of the person, guardianships of the estate, and plenary guardianships (or guardianship of the person and estate) filed in each jurisdiction. The Registry further notifies courts if mandatory filings are not received, assisting judges in their oversight of guardianship administration.
“The Registry is important to courts and the public to ensure the proper oversight of guardianship cases,” said Judge Henderson. “Too often these files linger in the file cabinets of the Clerk’s office well past an 18th birthday or death of a protected person with no further action being taken by the court or the guardian-in some instances-since the letters of guardianship were issued. The Registry will provide the court, which in turn will provide the practitioners or self-represented litigants, with notice that there are required pleadings due.”
After receiving permission from the Board of the Judicial Conference of Indiana to form a task force and create the Registry, the Probate Committee and members of the Indiana State Bar Association Probate Trust and Real Property section worked with the Division of State Court Administration’s technology staff on its design and features. Funding for the Registry was provided by a Court Reform Grant from the Indiana Supreme Court and the Adult Guardianship Office (AGO) of the Division.
In May of 2014, the Registry was launched in four counties, including Fountain, Hendricks, Lawrence, and Warren. It is anticipated the pilot phase of the Registry will last three months. Once the pilot is complete, the Registry will be evaluated and any relevant changes or updates will be made.
Following the pilot, the Registry is expected to “roll out” in other counties throughout the state this fall. The Probate Committee hopes that most, if not all, of the counties in Indiana will participate in providing valuable information on guardianships to the Registry.
“Statewide case management is something we have been gearing up for over the last ten years or more,” said Judge Henderson. “With the aging of our population, it’s no secret that the court system will begin seeing increases in guardianship cases coming our way. The Registry is the best resource we will have to make sure we are equipped to handle those increases and that we are doing all we can to ensure our most vulnerable citizens are guaranteed oversight of their case.”
While significant progress on the Registry has been made, there is still a lot of work to be done. Not only will the courts and clerks require training on how to use the Registry, the bar and the public will also have to be educated on the Registry.
“Change is hard,” adds Judge Henderson. “We all fall into the way we are used to doing things, and this will take some adjusting to our ‘business as usual’ way of thinking.”
Despite these challenges, the rollout of the Registry will provide judges with better case management and oversight on guardianship cases. The Registry will also provide courts with a unique opportunity to work with members of the Probate Committee, Indiana Adult Guardianship State Task Force, Judicial Technology and Automation Committee, and Adult Guardianship Office on the collection of valuable guardianship data throughout the state.