Elder Care Abuse by "guardian"

[nwsteve]

The thread "My Broker Recommendation" prompted me to find this story in the New Yorker magazine from last Fall. https://www.newyorker.com/magazine/2017/10/09/how-the-elderly-lose-their-rights.

The New Yorker story details the shenanigans of a so-called guardian in Nevada who unilaterally took over the lives and finances of an elderly couple (mid to late 60's so not THAT elderly) all under the premise they did have sufficient capability to live alone. Note, Nevada is not unique with their guardian provisions. According to the article, new rules are suppose to go into place this year.

The guardian actions were all done legally with the authority of the court and assistance of legal authorities. The daughter who lived in the area could not even find her period for a period. She had to fight tooth and nail to recover her parents from an assisted living facility where they were placed by the guardian for their own well being. The daughter was dismissed by the guardian has just too busy to properly attend to her parents. This story will make your blood boil.

I started to post the link in the above Broker Recommendation thread started by a guardian who was looking for advice on what the board pretty much confirmed as pretty shoddy advice. The OP in the original thread is clearly is far, far superior to the person profiled in the New Yorker story. I certainly did not want to taint his efforts to do the right thing. I hope that guardian will post to provide more insight to the nature of guardian powers.

One lesson from this story fore me is for each of us to have provisions for someone of YOUR choosing to be a guardian if the need arrives. There are many sharks out there and as the aging boomer population expands, the opportunities to defraud seniors will attract more and more slimy opportunists to take seniors' resources and hide them away.

 

[Walt34]

It is a timely subject for many people. There was another thread on this article not quite a year ago: http://www.early-retirement.org/for...se-their-rights-new-yorker-article-88680.html

 

[OldShooter]

It's not just the conservator and guardian abuse; that is a small part. DW was on our state Board on Aging and was an invited delegate to the President's Conference on Aging in 2005. In that crowd, the estimate is that 85% of elders are financially abused at one point or another and that the most common abuser is a family member. A big aspect of the problem is that even when the elder detects the problem, they are too embarrassed to admit it. So it goes unreported.

June/July AARP had an article entitled The Ten Commandments of Smart Money." A couple of them apply in this thread's context:

#9 Thou shalt not depend on a regulator for protection.

#10 Above all, thou shalt not forget that people wish to separate thee from thy money.

 

[pb4uski]

I'm having trouble reconciling all this with my two experiences as a court-appointed guardian.... first for my grandmother and later for her sister (my great aunt).

In both cases there was a very robust and deliberate process that included interviews with their medical professionals, children, me, legal counsel assigned to them and of course, a court hearing in front of a judge.

 

[Walt34]

In both cases there was a very robust and deliberate process that included interviews with their medical professionals, children, me, legal counsel assigned to them and of course, a court hearing in front of a judge.

Apparently this is one of those areas that vary quite a bit from state to state. In MD (as best I can remember) there were a lot of very high bars to clear before anyone could be a court appointed guardian. And of course that is how it should be.

In Nevada apparently one has merely to clear a curb.

 

[nwsteve]

It is a timely subject for many people. There was another thread on this article not quite a year ago: http://www.early-retirement.org/for...se-their-rights-new-yorker-article-88680.html

Walt34
Thanks for providing the link to the Oct 17 discussion regarding guardian abuse profiled. We were out of the country and I missed this entire discussion. Some very helpful links in the Oct 17 thread.
The phrase "Guardianship Gulag" is certainly on target.

 

[firemediceric]

As a registered professional guardian, the guy who started the thread mentioned by the OP in the opening post, I’ll weigh in with what I know.

I provide services in 4 jurisdictions/counties. To become a registered professional guardian I completed a 40 hour course and passed a test. I submitted my fingerprints and credit history. Those are submitted every 5 years. I complete 16 hours of CEU’s every 2 years. I maintain a bond. A judge can require the bond to be increased based upon the assets of the ward assigned to me.

A comment above alluded to looking at everyone with a suspect eye so as not to be exploited and separated from one’s money. When we have our faculties all of us may be cautious and use wisdom. When mental decline such as dementia or Alzheimer’s sets in victimization happens easily.

If someone is suspected of lacking capacity to make rational decisions, a concerned party, generally a family member, will petition the court asking for a competency hearing and that a guardian be appointed. The court will assign an attorney to the alleged incapacitated person (AIP). That attorney is to act as an advocate for the AIP. An examining committee of 3 members will be assigned. One will be a medical doctor, one will be a psychiatrist or psychologist, one may be a nurse or other healthcare professional.

The examining committee members will submit their separate reports for consideration by the judge. There are specific areas that are addressed such as the right to vote, the right to enter into contracts, the right to marry, the right to choose where to live, the right to manage money, and the right to travel.

The judge will hear arguments from the side petitioning for guardianship and from the attorney for the AIP. The AIP may or may not be present. Examining committee members seldom are present as the reports are usually sufficient.

The judge will make a ruling and decide what rights are retained by the ward and which ones are delegated to the guardian. I am typically appointed plenary guardian meaning all rights are delegated to me .

Cost for all of that is roughly $6,000 in my area for the court costs, attorneys fees, and examining committee member fees

 

[firemediceric]

In the way of court oversight, I submit an annual plan which lists the ward’s medical condition, mental condition, and social skills. I also submit an annual accounting which is reviewed by a court auditor. It must balance to the penny and be supported with receipts

 

[Teacher Terry]

I was both the financial and medical guardian for my friend with Alzheimer’s when her husband died. Her step son volunteered to do the financial and I let him. I liked it being separated plus there was very little money and he was wealthy and promised to take care of his step mom financially if required. I was able to get Medicaid when the money ran out and he was a great support. We became very close during his Dad’s illness because we lived closer. There are still good people.

 

[RobbieB]

Most people are good and decent and caring.

The other type makes the news.

 

[Teacher Terry]

Robbie, you are so right.

 

[pb4uski]

My experiences was very similiar to what firemediceric described above, except the cost was much lower. Also, as I recall all the ward's blood relatives were notified so could contest the action if they wished to.... something like that anyway.