Tuesday, June 16, 2009

Legislation Does Not Address Fraud

Legislation that would require certification of some guardians of impaired adults is expected to be signed by the governor, but one lawyer involved in Illinois guardianship reform efforts said it doesn't address the biggest problem.

Mark Heyrman, a clinical professor of law at the University of Chicago Law School who led a task force that in 2001 came up with recommendations for guardianship reform in Illinois, said he supports the new bill and thinks it'll provide needed training for some guardians who don't know how to do their job.

However, he doesn't believe good training will stop someone who wants to steal a person's money.

Heyrman: "I think it's a nice, interesting piece of legislation. I don't think it will address the primary problem, which is fraud."

Full Article and Source:
New rules for adult guardians likely on the way

See also:
A Situation That's Ripe For Abuse and Neglect

10 comments:

Anonymous said...

We don't need a nice, interesting piece of legislation. We need to address the issue of fraud.

Anonymous said...

Mark Heyrman is correct that the legislation doesn't address fraud at all.

I am, however, to see something in legislation and I realize reform comes in baby steps. I am glad to see the first steps taken.

helensniece said...

Questions:

Who are the members of: Illinois Guardianship and Advocacy Commission?

And, when and how were they appointed to their positions? And, by whom?

Do the members of this Commission request or accept input and proposals for reform from the citizens?

Or, from those who are wards? From former wards (if they survived long enough) Or from us in the trenches?

Or, from any individuals who have personal experience, and even more importantly from those individuals and/or organizations who have complaints about the guardianship system and/or specific persons within the system?

Mark Heyrman is honest; he is 100% correct in his belief that good training will not "stop someone who wants to steal a person's money."

Thank you Laura Girresch for following up on this very important issue of the truth about guardianships, an illusion, a false perception of protection for those who cannot protect or defend themselves.

Anonymous said...

Certification of guardians is a beginning. I think it's more important to mandate that they be bonded, though, so victims have a chance of recovering funds.

Anonymous said...

Good training won't stop someone from stealing money, but it could make them more accountable when caught.

Anonymous said...

Interesting is a good description of ineffective legislation. FRAUD is the problem.

We dealt with the Illinois Guardianship & Advocacy Commission and the Human Rights Council when Annie was critical and entered the hospital through emergency where a pubic wound was documented. She had complained of sexual threats recorded as a mental aberration. She was administered an anti-psychotic upon admission (illegally) and given "the right to refuse to eat". She was given a "Do Not Resusciitate illegally.

The Guardianship & Advocacy Commission and Human Rights Council got back to us: THREE YEARS LATER when Annie was long dead!

They are part of the problem.

Helen said...

The organization members can be found online, they are appointed. (GO FIGURE).

Also, case responses were once available online. I'll have to hunt for Annie's.

Illinois was going to have "meetings" regarding long term care rapes, but had no funding to even 'talk about it'. What......??? Arrests would work!

Anonymous said...

"The Guardianship & Advocacy Commission and Human Rights Council got back to us: THREE YEARS LATER when Annie was long dead!"

I am so sorry your family member was forced to endure this abuse.

This is unacceptable and I believe the Commission is part of the problem, they are enablers, they see what they want to see, they hear what they want to hear.

The commission is appointed? by who?

These agencies are in denial; they are not talking to the right people, people who have valid complaints, to find out how the system is working, because it isn't working as intended.

I know personally that the Illinois nursing home where our beloved family member, a ward, resided, lied on the records. What I and other family members witnessed is not indicated in the records. The records are intentionally misleading, missing information.

Anonymous said...

From what I understand all COURT APPOINTED GUARDIANS are supposed to be lisensed. They are trained to supposedly "PROTECT AND PRESERVE, the WARD AND THEIR ESTATES".

But they all fail from what I can tell, and it is all due to FRAUD.

They say they care but act as robots.

They charge enough money to totally make the "ward" indigent.

They falsely allow the "ward" to be given unnessecary medications, to "calm them", and the real reason that the "ward" needs meds. is because they are LOUDLY VOICING THAT THEY WANT THEIR HOME AND FAMILY.

Another Fraud is that the "WARD" is in fact a PRISIONER of these so called "caregivers".

Anonymous said...

Guardianship sounds warm and caring, perception is everything.

Guardianship has evolved into a conveyer belt churning people into products to fund the players in the probate racket, case after case after case.

Watch out baby boomers, these people have their eyes on..YOU!