Thursday, October 2, 2014

To Prevent Elder Abuse Families Need to Use Certified Guardians

Richard Lambie has been a professional guardian in California for 18 years, managing 45 elderly wards and their trusts. His clients typically come through referrals from attorneys.

“There is an underserved elderly population who have no family support system, either by choice or due to their own unique circumstance,” said Lambie.

Yet despite the growing demand for guardianship, families need to be wary of elder abuse, especially with regard to financial matters such as inheritance decisions. That's why families who secure guardians for their elderly relatives need to be sure the guardians are, like Lambie, associated with an accredited organization.

Lambie is one of some 600 guardians in California alone who are members of the state’s Professional Fiduciary Association of California, managing more than $8 billion in assets.

“We can only discipline guardians who are certified through our organization,” said Denise Calabrese, executive director with the Center for Guardianship Certification (CGC). “If they are not certified by CGC, we advise the complainant to go through the court system or the state’s guardianship office if one exists.”

Families who use an accredited guardian are also in greater control of the expense for these caretakers and financial fiduciaries. “In most states, guardian fees are approved by the court,” said Kim Grier, president with the National Guardianship Association in Atlanta. “Professional guardians can get paid from the estate of the individual they have been appointed to and public guardians are paid through public funds.

“There will always be a need for guardians, but it should only be for those persons who are truly incompetent, and that’s what guardianship law was created for in the first place,” said Elaine Renoire, president of the National Association to Stop Guardianship Abuse in Indiana.

Full Article and Source:
To Prevent Elder Abuse Families Need to Use Certified Guardians

10 comments:

Thelma said...

What are those organizations doing to stop two major problems in guardianship - isolation and overbilling?

Anonymous said...

Certification serves an important purpose of establishing standards and a rudimentary disciplinary process that will prevent problems.

Just check the very short list of certified guardians in Virginia, and you will see there are few to none, absolutely none of whom are affiliated with the two largest public guardianship programs, Jewish Family Service of Tidewater and Catholic Charities of Eastern Virginia.

Together, these two programs have about 800 unfortunate clients, only 133 of whom are under the sick joke of a parody of oversight from the Virginia Department for Aging and Rehabilitative Services' public guardianship program.

(We have a complaint! Jewish Family Service of Tidewater, did you do anything wrong? No? Okay, don't answer that phone call or even talk to the person complaining! Quick, let's order another plaque to congratulate JFS on its spectacular job! Whew, that was hard work! Let's have a loooooong lunch!)

What's the matter, ladies and gentlemen? Couldn't pass the test? Afraid of submitting to an objective, fair disciplinary process? Or just so in love with the increasingly threadbare fiction that you are "nonprofit" humanitarians who can do no wrong?

Certification needs to be required, in every state, but particularly in the Commonwealth of Virginia.

Kathleen said...

No need for a professional or public guardian if there is familiy willing an able. To much money goes to the professional guardian and her attorney, etc. In many cases norhing left for the person the guardian is in charge of.

StandUp said...

Really? To PREVENT elder abuse. Who's kidding who here?

Rachel said...

I have filed a complaint against a certified guardian with the CGC and got the brush off. They talk a good game, but it's all talk.

David said...

Certification means nothing. It's just a money making venture for the National Guardianship Association. And Thelma is right, these organizations aren't active in preventing elder abuse.

Rose said...

The GAO did an investigation and released a report in September of 2010 called "Guardianships, Cases of Financial Exploitation, Abuse and Neglect of Seniors."

Certification does not stop theft.

Sue said...

The best alternative and part of my exit plan is to execute DURABLE POWER OF ATTORNEY for Health care and property. Without valid advance directives, guardianship will be the only option for those who live long enough will begin to have aging issues including physical disabilities which will qualify you for the protection industry.

PG's are funded by we the people - public funds well then as a taxpayer I want to have freedom of information act into the billing of Cook County Public Guardian's Office.

Of particular interest is follow the OBRA special needs trusts. Excess funds from dead wards are funneled into charitable accounts then funneled into living wards accounts set up after their OBRA's are drained all goes to administrative fees.

$00.00 for the ward folks no money for a telephone - sound like a good plan to you?

Follow the $ and the V O T E S.

Jean said...

Certified guardians are strangers. Do you honestly believe your Mom or Dad is in better hands with a stranger than a loving family member?

Boomers Against Elder Abuse said...

I worry that by way of "certification" third party professionals will achieve seniority through the courts, replacing more appropriate family members. We need LESS intrusion by the courts, not more.