AARP VI provides Testimony on Probate Bill

AARP Virgin Islands is working to promote the estate planning process and the imminent care of those with special needs. Bill 28-0087 relating to Probate, Wills, Guardianship of Incapacitated Persons, Powers of Attorney, Protections of Persons with a Disability and Protection of Property of Protected Persons was recently introduced, and AARP was pleased to receive an invitation to provide testimony.

After thorough research of the massive 382 page bill, AARP VI State President Dr. Paul Simmonds and Executive Council member Atty. Archie Jennings testified on the bill before the VI Legislature’s Rules and Judiciary Committee.

The testimony stated that while the bill represents a significant effort to upgrade and expedite existing laws, the bill still needed work. AARP suggested that the Legislature not rush the bill through but instead consider convening local stakeholders to make the bill more relevant to the Virgin Islands.

During the hearing, it was stated that the first written appearance of Probate laws in the VI code occurred in 1921 and have only been updated once in the mid 1950’s.

Bill 28-0087, sponsored by Senate President Louis Patrick Hill, is actually a product of the National Conference of Commissioners on Uniform State Laws. This same bill has been fully adopted as law in 18 other states and partially adopted by many others. AARP VI feels the bill should be tailored to meet the needs and special concerns of our territory.

One feature AARP embraced in the draft bill was dividing guardianship into two distinct and separate roles. Under current law, the guardian oversees both financial and care management issues for those in their custody. The bill proposes to allow guardians to deal just with the care aspects of the person they are caring for (ward). A new category, the conservator, will manage and have decision making authority for financial and asset management.

For the new conservator category, AARP suggested that individuals with financial management and/or legal expertise form a cadre of professionals that could be tasked by the courts to fulfill this role.

AARP thought two items should have been included the bill, but were not: 1) a public guardianship for individuals who may or need be institutionalized, but have no one officially appointed to oversee and mange their care; and 2) “Silver Alerts”—which would provide significant protections for seniors who go missing. Like Amber Alerts, this type of program would alert authorities to a missing senior.

As a result of this bill, the VI court system will be tasked with many new responsibilities. AARP expressed concerns about whether the court’s had sufficient manpower and resource to immediately assume the new duties. AARP offered to act as a convener for a stakeholders meeting that would enable the courts, legal practioners and impacted government agencies to have input into the bill.

AARP hopes that an offer to convene a stakeholder workshop will produce a bill that ensures that all issues related to local implementation will be completely addressed before the bill completes its journey through the legislative process.