Committee hears competing views on Elder and Disability Welfare Act; DPHSS warns bill may conflict with federal APS rules
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Summary
The committee received legal and public‑health testimony on a bill to add civil protection orders and revise abuse definitions for elders and adults with disabilities. The attorney general urged stronger fiduciary and fee‑recovery provisions; DPHSS warned the draft could conflict with the federal APS final rule and risk federal funding, and stakeholders agreed to collaborative redrafting.
The committee considered bill 220‑38, the Guam Elder and Disability Welfare Act, which would revise how older adults and adults with disabilities are defined and create a statutory pathway for civil protection orders tailored to those populations.
Attorney General Doug Moylan testified in support of the legislation’s goals and urged amendments to strengthen remedies against financial exploitation, including mandatory attorney‑fee awards and treating caregivers as fiduciaries when appropriate. Moylan recommended greater judicial transparency and stronger reporting from financial institutions, saying the bill “does a good job clarifying and simplifying the process by which elderly persons and adults with disabilities can obtain court orders.”
The Department of Public Health and Social Services (DPHSS), represented by Deputy Director Amanda Shelton and signed testimony from Director Teresa Areola, recommended extensive revisions. Shelton warned the draft "blurs the line between protection and control," and said the bill as written risks misalignment with the Administration for Community Living’s APS final rule (May 2024). DPHSS stressed federal APS standards require person‑centered, least‑restrictive responses and cautioned that changes inconsistent with the final rule could jeopardize federal Elder Justice Act funding that supports APS staffing, training and technical assistance.
Committee members explored operational concerns: how many APS investigations are referred to the Attorney General (APS reported 2 declarations in FY24 and ~5 in FY25 with no disposition updates on the record), whether the public guardian and AG have sufficient staff to pursue civil and criminal remedies, and how sealing or public access to guardianship proceedings affects accountability. APS officials described investigative practices for suspected financial exploitation, coordination with banks and Guam Police Department, and a pilot "safe house" with DHAP for elders needing emergency housing.
The committee did not take a vote. Senators and witnesses agreed to a collaborative markup with DPHSS, APS, the Attorney General’s Office and federal partners to reconcile statutory language with the APS final rule and identify resource needs before advancing the bill.