根据最近的一项州审计，密歇根州遗嘱认证法院并不总是对负责为无法照顾自己的人做出医疗和财务决定的法院任命人员进行背景调查。调查发现，有 45% 的受访者没有对指定的监护人或监护人进行犯罪背景调查，这些人为老年人、儿童或其他无法自行决定的州被监护人。还发现 61% 的法院不检查性犯罪者记录。尽管密歇根州法律不要求在任命保护人之前和之后进行背景调查，但高级倡导组织 AARP 认为这是“良好的商业惯例”。州审计长托马斯麦克塔维什建议密歇根州最高法院的行政部门协助遗嘱认证法官对潜在的监护人和保护人进行背景调查。指定监护人是为了决定他们所照顾的人的生活安排和医疗。保护人有权为其受监护人做出与财务和财产有关的决定。到 2010 年底，密歇根州拥有监护人的成年人和未成年人人数接近 22,700 人，该州近 76,000 人被任命为监护人。
由于监护人和保护人对他们被任命的人的生活拥有如此大的权力，因此人们担心遗嘱认证法庭在审查和监督被任命人的背景方面做得不够。审计列出了其他几项调查结果，这些调查结果表明遗嘱认证法院和州法院行政办公室可以通过提供更多监督来做得更好。一项建议是检测保管人的“自我交易”，他们可以通过出售、购买或转移客户的资产获利。通过确保保管人和监护人提交所需的文书工作（如会计报表），可以更容易地检测到这一点。在一个案例中，一名管理员被发现投资了其客户资产的近 57,000 美元，而在另一个案例中，他们迟交了四年多提交所需的年度报告。其他建议包括审查保管人的年度会计文件，密切监控遗产价值和保管人费用，分析保管人的案件量，并确保按要求在任命后一年审查监护人案件，然后每三年审查一次。州法院行政办公室已同意大部分审计结果，但表示是否可以遵循也取决于当地资金。
不要让缺乏背景调查危及您的业务。
其中一些可以立竿见影。通过访问全国无数的犯罪数据库，您可以放心，他们将拥有满足您需求的产品。他们的持续犯罪监控工具允许您根据姓名和出生日期自动运行连续的背景调查。您将通过电子邮件收到有关他们记录中可能出现的任何新信息的通知。他们将运行该名称一年，并在需要更新监控时提醒您，而且您可以随时将该名称从监控中删除。
According to a recent state audit, Michigan probate courts are not always performing background checks on court appointees put in charge of making medical and financial decisions for those who are not able to care for themselves. The survey found that 45 percent of those responding did not perform criminal background checks on appointed conservators or guardians for seniors, children, or other wards of the state unable to make their own decisions. It was also found that 61 percent of the courts do not check for sex offender records. Although Michigan law does not require background checks before and after conservators are appointed, senior advocacy group AARP believes it to be a “sound business practice.” Thomas McTavish, the state Auditor General, recommends that the administrative arm of the Michigan Supreme Court assist probate judges in performing background checks for potential guardians and conservators. Guardians are appointed in order to decide on living arrangements and medical treatment for those in their care. Conservators have the power to make decisions related to finances and property for their wards. By the end of 2010, the number of adults and minors with conservators in Michigan was nearly 22,700, and guardians had been appointed to almost 76,000 of the state population.
Since guardians and conservators have so much power over the lives of those they are appointed to, there is concern the probate court has not done enough to vet the backgrounds of and oversee the appointees. The audit listed several other findings that suggested the probate courts and State Court Administrative Office could do better through providing more oversight. One recommendation was to detect “self dealing” from conservators, where they stand to profit from selling, buying, or transferring their client’s assets. This can be detected easier by ensuring conservators and guardians submit required paperwork like accounting statements. In one case, a conservator was found to have invested almost $57,000 of their client’s assets, and in another, was late in filing their required annual report by over four years. Additional recommendations include reviewing the conservators’ annual accounting filings, closely monitor estate values and conservator fees, analyze the caseloads of conservators, and ensure guardian cases are reviewed one year after appointment as required and then every three years. The State Court Administrative Office has agreed to most of the audit’s findings, but said it is also up to local funding whether or not they can be followed.
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