The Growing Problem Of Guardianship Abuse
Guardianship is a process designed to protect seniors who can no longer manage their own affairs. Tragically, predators increasingly exploit the system to take advantage of
vulnerable seniors for personal gain.
The guardianship process typically begins when a member of the senior's family or a social worker notifies the court that the individual in question is unable to care for himself or
herself. In many situations, the court names a family member as guardian. However, when families cannot agree on who should act as guardian, or no family members are available to
assume this responsibility, the court can appoint a public guardian, also known as a professional guardian. In theory, public guardians are neutral parties dedicated solely to the
well being of the ward (the ward is the person being looked after by the guardian). The problem is that many states fail to adequately monitor guardians, enabling unscrupulous
public guardians to take advantage of their wards. Even well-intentioned public guardians are often poorly trained.
According to the auditor for the guardianship fraud program in Palm Beach County, Florida, one and a half million adults in the United States are under the care of guardians--either
family members or professionals. These guardians control approximately $273 billion in assets. Given such numbers, the potential for guardianship abuse is enormous and continues to
rise with an aging population.
Public guardians can determine where the ward lives, block family visits and sell the ward's property, including his or her home, vehicles, furniture, artwork and even personal
mementos. What is more, public guardians can charge for their "services" and pay themselves from the ward's bank account and other estate assets.
Perhaps worst of all, once the court has appointed a public guardian it can be extremely difficult for the ward or the ward's family to reverse the court's decision and regain
control over his or her affairs and life savings.
As one would imagine, guardianship abuse is most prevalent in areas where seniors often retire, such as Palm Beach, Sarasota, Naples, Albuquerque, San Antonio and Las Vegas.
Fortunately, growing awareness of the problem and the work of advocacy groups has led to some improvements in the system.
For example, in 2016 Florida created an Office of Public and Professional Guardians to set standard practices and rules for public guardians. The office has the power to revoke a
guardianship.
Elsewhere, the Nevada Supreme Court has commissioned a study to investigate failures to oversee the state's guardianship system. The Nevada legislature is slated to enact a new law
next year entitling all wards to be represented by attorneys in court.
Much more needs to be done to combat this form of elder abuse. In the meantime, our firm can use a number of tools and strategies, such as powers of attorney, to avoid the
possibility of guardianship exploitation. Contact us today to discuss your particular situation.
|