Monday, February 22, 2010

Denver Post Investigation: Probate Court Rife With Lapses

When retired librarian Jeanne Hamer needed help, the Denver probate court appointed a guardian who sold many of her belongings to himself and billed her hundreds of times for walking with her and reading poetry to her. And, as a protected person, she nearly starved to death.

A 50-year-old Denver man with early dementia and the AIDS virus engaged in unprotected sex while under a guardian's supervision. And after that, the Denver probate court heard nothing about him from his guardian for five years.

William Gostele and a female friend racked up $83,517 in expenses on behalf of his brother before the Denver probate court asked why a single, elderly man was paying for frequent plane flights and spending up to $1,300 a month for groceries.

Four years after a state audit found some Colorado guardians reported nothing about people they were appointed to protect, and that its courts inadequately reviewed reports that were filed, The Denver Post has learned that the state still cannot say how many of its most vulnerable residents are being protected in accordance with the law.

A review of Denver probate court records found that some clearly are not.

Despite a state law requiring each guardian of a ward's health and each conservator of a protected person's finances to file detailed yearly reports, many guardians reported nothing for five years.

• Expense reports showing a guardian kept ignoring a court order were not questioned for four years.

• The roster of wards currently protected by the courts includes people who have been dead for years.

• The state court system cannot tell how many guardians are informing judges about the people they're protecting because reporting methods vary from court to court.

• The probate system lacks standards and training for family members appointed to protect people no longer capable of making important decisions for themselves.

Full Article and Source:
Probate Court Rife With Lapses in Training, Oversight

Note: Cases 1-3 supplement this investigation and are posted below

13 comments:

Anonymous said...

The system may lack standards and training for family members but, most of this training is common sense. The training available for court appointed guardians and professional guardians is worthless because there is no oversight for them. I have a sibling who took advantage of my mom financially and now she is being exploited by a priofession guardian. At least my sibling loved her. This system is grossly negligent to serve protection to the vulnerable!

StandUp said...

This investigation is very well done.

Thank you, Denver Post, for shining the spotlight on guardianship abuse.

Betty said...

What happened to these Colorado victims is happening all across the US. See NASGA's victims page. Look at the faces pleading for justice.

Norma said...

The judges, clerks, lawyers -- all of those who were involved in these cases should be disciplined for neglect.

Glen said...

OUTRAGEOUS! Absolutely outrageous!

Olly said...

I am livid, thinking how many of the victims and families in these 4 Denver Post articles had probably complained to the police, FBI, their elected representatives, etc. and were ignored.

Thank you, Denver Post, for taking this series on. I hope you win an award with it.

Anonymous said...

Sounds like the probate court needs a good disinfecting!

Max said...

This is a national crisis and the articles posted to the NASGA blog today are indicitive of the plague of guardianship / conservatorship abuse across our country.

Anonymous said...

The guardians didn't get around to doing their job, but they did manage to collect their fees. make no mistake about that!

Randy said...

I hope these families find and join NASGA.

I am sorry for all their suffering and for the suffering their loved ones endured as well. It's a crying shame.

jerri said...

the only way to beat this racket is to unite i hope these victims find NASGA it's the only way i appreciate the press exposure that is the players #1 fear - awareness and education no one is safe no one

Anonymous said...

We need to support newspapers, because media attention is one of the few effective ways to expose the crooks for what and who they are. I know this from direct personal experience!

Anonymous said...

"Rife with lapses." That's putting it diplomatically.