Guardianship Abuse - What Now

New Type of Elder Abuse? -Guardianship and Conservatorship Abuse
What is guardianship?

According to National Guardianship Association, Inc:

‘Guardianship, also, referred to as conservatorship, is a legal process, utilized when a person can no longer make or communicate safe or sound decisions about his/her person and/or property or has become susceptible to fraud or undue influence. Because establishing a guardianship may remove considerable rights from an individual, it should only be considered after alternatives to guardianship have proven ineffective or are unavailable.’

Guardianship Abuse is now getting more publicity because family members who have gone through the incredible ‘nightmares’ of fighting for the civil rights of their loved ones, are seeking answers. Those cases posted on the internet are not the only ones. We must remember that there must be a lot more of such cases out there. Why? There are still those who do not have the knowledge to publicize their plight.

We can understand that a “temporary guardian” may have to be appointed if the elder person is in danger, or have not friend or family members to care for them. Sometimes the court may decide to appoint a “guardian”, whilst it is in the process of sorting out the truth; when there are conflicting reports from family members.

Fair enough. However, ones that is resolved, then the “temporary guardian” should be removed. Considerations must be given to the wishes of the “ward”.
More importantly, if a family member of the “ward” is capable and willing to be the primary carer, why appoint a stranger?

In the same article from the National Guardianship Association, Inc
The Professional Guardian’s Duties and Responsibilities:

‘Funds that belong to the ward remain the property of that person, and do not become property of the guardian. ….For each person that a professional guardian serves, the guardian stands ready to give an accurate accounting of those funds to the court. The professional guardian is an advocate and acts on behalf of the incapacitated person only to the extent of the court order.’

‘Guardianship is Not a Long-Term Arrangement. …an annual review and assessment will monitor the need for maintaining or terminating a guardianship, and alert the court to a potential restoration of some or all of the incapacitated person’s right.’

Who watches over the guardian?

According to the report ‘Guarding the Guardians: Promising Practices for Court Monitoring’ by Naomi Karp (AARP Public Policy Institute) and, Erica Wood (ABA Commision on Law and Aging).. December 2007

In the Foreword of the report: ‘Adult guardianship is a two-edged sword – a mechanism that protects some of the most vulnerable in our society from abuse, and an instrument that removes fundamental rights and thereby may increase opportunities for abuse of those we strive to protect.’

The report concluded that ‘ …forward-looking probate courts in selected jurisdictions throughout the country use practical and adaptable guardianship monitoring techniques.

So, what caused the horrendous abuse cases by Guardians or Courts?

Obviously, the current way of monitoring the guardians is INADEQUATE!

Many “ward” in these cases often end up dead, and with their life-long nest-eggs depleted or “wiped out” by rogue guardians, unethical lawyers or incompetent judges. Or, is it a question of over-crowded courts; and under-resourced administrators?

Imagine fighting for the return of your loved ones and his/her assets from those who were supposed to look after the welfare of the “ward”.

More must be done. Urgent action must be taken to close the loopholes in current laws. Monitoring of guardians MUST be revised or improved to eradicate the abuse by rogue guardians and others.

The welfare and peace of mind of the “ward” must be taken into account at all times. Most of them are already in poor health, any stress brought on by “Tug-of-Wars” between their family members and the guardian/court will surely shorten their lives. Or, is this the aim? Wait long enough and the main character of the case dies. “Case closed…..Next”.

The Clara Fernandez Case:

Whilst I cannot say that I have all the evidence and information. Commonsense must prevail here. After over 4 years, the case is not closed? Clara is already 89 years old. What are they waiting for? The ongoing tug-of-war between the courts, guardian and family members must stop!

Clara is unable to make decisions for herself?
Put her in a nursing home when there are family who are willing and able to look after her?

Well, the excuse may be that the legal process (involving more depletion of Clara’s assets) takes time. Sure, but can’t they speed things up considering her age? Or, is this another case where they are doing the playing “the waiting game” as mentioned earlier. Can it also be that she still has assets where the “legal teams” and court can still milk?

The rest of us out there in the real world just cannot understand why this case is still dragging on.

Would you be happy if this happen to you or your loved ones? Is it too much to expect to live out our twilight years, in peace, tranquility and dignity?

Guardian/conservator abuse MUST be stopped.

Admittedly, there are not easy fix in an instance, but at least if the policymakers look into publicized cases and end the abuses, perhaps they will restore some faith in the general public.

Professional Associations Involved

If the various professional associations take pride in what they do, they should “spring-clean their own house”. Rogue members of their associations should be reprimanded or stopped from reflecting badly on the other innocent members of their professional associations.

Politicians

Should elder abuse in general and guardian abuse in particular, be an election issue?

I have no doubt, that all elder rights advocates think so.

Baby boomers and other older persons make up a big bloc of voters. Politicians please take note. Ignore us if you want, but as a group we are growing stronger and probably outlast your political careers.

Law Makers

Elder Justice Act is still gathering dust in Congress? WHY?

Whilst we wait for better elder laws to be enacted, something MUST be done to close loopholes in current laws to better protect the vulnerable elderly.
It is a matter of urgency. Elder abuse victims do not too many years left. They need help NOW.
Surely, law-makers must take pride in their chosen career. And, they cannot guarantee that they or their loved ones will not need the protection of better Elder Laws.

What Can You Do

If you are reading this article, you are surfing the net. Help highlight the plight of the elderly. Be active, connected and informed. Talk to your friends. Contact your senators or local legislators about this issue.

There are people who cannot use the internet. Talk to them about such issues. Keep them informed. Every bit helps.

ElderBloggers Unite

Not every one of us want to set up a blog. But, if you can surf the net, email friends, neighbors or relatives and inform them of the issue discuss here.
I am doing my bit in maintaining this blog.

I have no political or other affiliations. I do not take credit for any information posted on this blog. All postings are credited to the source.

Editorials are my only direct contribution.

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MY MAIN AIM FOR THIS BLOG: TO EMPOWER OTHERS WITH RELEVANT INFORMATION OR DIRECT THEM TO PLACES WHERE THEY CAN GET HELP.

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By Andrew Chadwick