Charles Lavine: The importance of good guardianship

By Charles Lavine

I’ve been hearing a consistent and concerning message from constituents, judges, hospital leaders and advocates across my district and throughout New York: Our state doesn’t have enough nonprofit guardians to meet the growing need.

Guardianship is meant to be a last resort — a carefully tailored legal intervention used only when necessary to protect those who cannot safely manage essential decisions about their health, finances or living arrangements. When it works as intended, it helps people stabilize their lives, access critical services and live safely in the least restrictive settings possible.

But too often, I’m hearing about what happens when no guardian is available.

Judges are struggling to identify qualified guardians for people who lack financial resources or family members able to serve. Hospital administrators and discharge planners tell me about patients who are medically ready to leave but remain stuck in beds because no one is legally authorized to arrange home care, apply for benefits or consent to placement. Families and service providers are left trying to navigate an already complex system without the authority they need to help.

This isn’t an abstract problem. It is a systems challenge with real consequences for health care capacity, court efficiency and the well-being of vulnerable New Yorkers. Across the state, patients who no longer require acute medical care are remaining in hospitals for months because a guardian cannot be identified. Nearly all of these people have limited financial resources, and many have no family able or willing to step in. Without a legally authorized decision-maker, even routine steps toward discharge become impossible.

I’ve heard directly from providers about the toll this takes. Extended hospital stays can lead to isolation, functional decline, infections and other preventable complications. Hospitals aren’t designed to serve as long-term residential placements, yet that is effectively what they become when no guardian is available.

The financial impact is also significant. A single hospital bed can cost more than $7,000 per day. When patients remain hospitalized solely due to the absence of a guardian, it strains our health care system and is an unnecessary costs for taxpayers.

We don’t have enough nonprofit guardians, and those we do have are unevenly distributed across the state. Existing providers are doing extraordinary work, often serving thousands of New Yorkers, but many programs are operating at or near capacity. In some regions, courts have few, if any, nonprofit guardians available to appoint.

To close the “guardianship gap,” I am sponsoring the Good Guardianship Act in the Assembly. This bill would establish a statewide initiative of nonprofit guardians that would allow us to build on existing expertise while expanding services to underserved areas. It would help courts make timely appointments, support consistent standards of care, and reduce unnecessary delays that ripple across systems. In addition, the legislation is structured to allow the state to support implementation through future budget appropriations and existing nonprofit guardianship infrastructure.

This approach also aligns with the goals of Gov. Kathy Hochul’s Master Plan for Aging, which calls for coordinated support that allows older adults and people with disabilities to live safely and with dignity in their communities.

Nonprofit guardians play an essential role in that continuum of care, coordinating medical treatment, securing stable housing and preventing financial exploitation. Their work often helps people avoid unnecessary institutionalization.

Let me be clear: Investing in nonprofit guardianship isn’t about expanding guardianship unnecessarily. It must always remain a last resort. But when it is needed, the system must be able to respond — responsibly, equitably and without delay.

This initiative would alleviate prolonged hospital stays, delayed transitions to community care and fragmented decision-making. It is also a matter of fairness. Access to a qualified guardian should not depend on where someone lives, what resources they have or whether a family member is available.

If we fail to act, these gaps will continue to place pressure on our courts, our health care system, and families already navigating difficult circumstances. If we act, we have an opportunity to strengthen accountability, improve efficiency, and ensure that vulnerable New Yorkers receive the support they need.

As the legislative session’s conclusion draws near, I urge my colleagues and the governor to support a statewide initiative of nonprofit guardians. When guardianship is necessary, it should work as intended — protecting rights, promoting independence and helping people move from crisis toward stability. This investment will help us get there.

Charles Lavine represents the 13th Assembly District.

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Charles Lavine: The importance of good guardianship  

Panama City man charged with exploiting elderly woman’s assets

by: Adele Henley

BAY COUNTY, Fla. (WMBB) – A Panama City man was arrested for allegedly exploiting an elderly person out of more than $50,000 worth of property.

On May 26, a report was filed with the Bay County Sheriff’s Office by the daughter of an elderly woman. The woman has dementia, and her daughter has been deemed her legal guardian and has full responsibility over her mother’s finances.

The report stated that the daughter was speaking with a realtor to sell some properties belonging to her mother when she discovered that one of her properties had been sold to a company called WAAC LLC on May 5. The properties had been sold for only $1, the affidavit reports.

The listed owner was 55-year-old Wayne Clarke. When the daughter asked her mother, she said that a male had come to her house and asked if he could use her lot to set up food trucks. 

Her mother agreed to allow the use of the property temporarily, but did not recall going to the clerk’s office to sell the property.

When the daughter went to the clerk’s office, the notary who had notarized the quit-claim deed said that they remembered her mother coming to the courthouse with two males and signing the paperwork, the affidavit says.

The daughter hired a lawyer and sent legal demand letters to two addresses allegedly belonging to Clarke, but had not received a response by May 26, when she went to the Bay County Sheriff’s Office.

On Wednesday, investigators interviewed the notary, who claimed that the only time they spoke with the woman was when she asked for her driver’s license before she signed the quit-claim deed.

The notary reported that one of the men had filled out all the paperwork, and the woman only signed the form. When the notary asked if there was a purchase amount, the woman said no, but the men allegedly stated $1.

Investigators proceeded to interview Clarke, who said he was introduced to the woman through her son.

Clarke said that the woman had asked him to come see her about the property because he wanted to clean it up for her, and she offered to turn the property over to him to help him out.

Clarke said that the woman had filled out all the paperwork and had come up with the purchase amount of $1 on her own, and that he did not take advantage of her.

The affidavit says that Clarke was charged with exploitation of a disabled adult over the amount of $50,000 and grand theft in the amount of $20,000 to $100,000. His first arraignment has been set for July 16. 

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Panama City man charged with exploiting elderly woman’s assets 

ABA, State Bars Urging Attorneys to Pivot From Guardianships

by Sam Skolnik

Several states are weighing an ABA-led push to encourage attorneys handling intellectually disabled and elderly clients to consider alternatives to legal guardianships.

The American Bar Association House of Delegates earlier this year revised its model rule of professional conduct dealing with how attorneys represent clients with limited decision-making skills, following years of behind-the-scenes work from advocates concerned that the legal profession has defaulted to guardianship—also known as conservatorship—as a first option.

Reformers say the changes to Rule 1.14—which outline guidance for lawyers representing clients with what the ABA used to call “diminished” mental capacity—may be vital to fixing the guardianship system. A 2023 Bloomberg Law investigative series surfaced several instances of abusive guardianships and a system buckling due to overworked attorneys and lax oversight.

Anthony Palmieri, a former president of the National Guardianship Association, said lawyers serve as a “pipeline” for an adult guardianship system that often allows bad actors to victimize highly vulnerable clients.

“It’s more aspirational than operational,” said Palmieri, deputy inspector general of the Palm Beach County, Fla., Clerk of the Circuit Court & Comptroller, of the ABA’s model rule revision. However, given the likelihood that states will adopt their own versions of the revised professional conduct rule, making the changes legally binding, it’s “potentially a huge step forward,” he said.

The initiative has built momentum among state bar associates since the ABA’s model rule changes in February. Michigan is already moving to incorporate the language into its ethics code and bar officials in Illinois, Virginia, Florida, Washington, Utah, and Washington D.C. are exploring making changes.

But there are some skeptics who doubt the likelihood that ethics rule changes could have a major practical impact.

“While I appreciate what the ABA is doing, there is no back-stop available when a predatory lawyer targets your family,” said Rick Black, executive director of the Center for Estate Administration Reform, a nonprofit pushing for more transparency in guardianship cases.

Given that the guardianship system is an entrenched process that’s “increasingly profitable” for lawyers, legal-advisory reforms may only have the effect of “putting a Band-Aid on a gunshot wound to the head,” he said.

Michigan Moves First

The State Bar of Michigan’s representative assembly unanimously supported adopting the ABA’s new language for Rule 1.14, which confirmed that clients who have surrogate decision-makers aiding them because of difficulties making or communicating decisions also have due process right of access to counsel. It is on track to be the second state to update its 1.14 guidance.

The key is providing lawyers with the guidance they need so they’re not encouraged to pursue guardianship, a “very drastic” approach to protective action in such cases, said Syracuse University College of Law professor Nina Kohn.

The proposed rule—which needs to be approved by the Supreme Court of Michigan—also stipulates that the state’s attorneys “must look to the client, and not to family members or other persons” to make decisions on the client’s behalf. Alternatives to guardianship can include healthcare surrogacy, durable powers of attorney, living wills, and community support.

Reform advocates in Michigan had been watching the ABA “very, very closely,” so that they could move as quickly as possible to adopt their own rule change as soon as the ABA acted, said Nicole Shannon of the Michigan Elder Justice Initiative.

Katie Stanley, a lawyer with Legal Services of Eastern Michigan who introduced the resolution, said she believes the rule change will spur a “strong, human impact by providing more clarity and dignity” to respondents in guardianship cases.

The District of Columbia Bar’s rules review committee recently referred the matter to a subcommittee for study and drafting, said Hope C. Todd, who oversees the legal ethics program at the D.C. Bar. It’s “likely” that the Supreme Court of Illinois, through several of its committees, is reviewing the ABA model rule revisions “for possible adoption,” said Charles J. Northrup, the Illinois State Bar Association’s general counsel, and the Virginia State Bar is accepting comments on the topic.

The Florida Bar also will be forwarding the revised model rule 1.14 to its relevant committees for consideration, and the issue is on the radar of the Washington and Utah bars, spokespeople in those states said.

Maryland’s Example

The ABA model rule was inspired by ethics changes Maryland put on the books in 2023, which guardianship law practitioners in the state say have helped their clients.

The rule lets the state’s lawyers know that guardianship “shouldn’t be their first pivot,” said Megan Rusciano, a managing attorney with Disability Rights Maryland.

It’s also helped inform the state’s bench and bar, by showing them “in the black and white letter of the law what my job is,” said Barrett King of King Hall LLC.

King estimates that guardianship cases make up about 75% of his workload, and a key part of his representation is to advocate for less restrictive alternatives to guardianship so it’s maintained as a “last resort.”

King noted the important role played by a 2000 state court decision which made it clear that the attorney’s role in representing such clients is to “explain the proceedings to his client and advise him of his rights, keep his confidences, advocate his position, and protect his interests,” especially when the client “faces significant and usually permanent loss of his basic rights and liberties.”

“Fundamentally, there’s just so much at stake,” said Rusciano.

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ABA, State Bars Urging Attorneys to Pivot From Guardianships 

Caregiver stole and pawned jewelry from elderly patients, Miami-Dade sheriff says

Denise Robinson, 58, of Homestead, is facing charges including exploitation of an elderly or disabled adult, dealing in stolen property, and false verification of ownership, Miami-Dade Sheriff's Office officials said Thursday.

By NBC6

A South Florida caregiver is facing charges after authorities said she stole and pawned jewelry worth over $50,000 that was owned by her elderly patients including one who's 95.

Denise Robinson, 58, of Homestead, is facing charges including exploitation of an elderly or disabled adult, dealing in stolen property, and false verification of ownership, Miami-Dade Sheriff's Office officials said Thursday.

Authorities said Robinson worked as a caregiver for elderly and vulnerable adults who require daily assistance with personal care and medication management.

An investigation found that Robinson was taking the victims' jewelry without their authorization and pawning it and keeping the proceeds, authorities said.

The jewelry stolen was valued at around $56,500, and authorities said they found documentation that linked Robinson to the sale of the jewelry at pawn shops.

The charges stem from three victims, ages 95, 83, and 81.

"The Miami-Dade Sheriff's Office remains committed to protecting elderly and vulnerable residents and holding accountable those who exploit positions of trust for personal gain," the sheriff's office said in a statement.

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Caregiver stole and pawned jewelry from elderly patients, Miami-Dade sheriff says 

Local father, son work to change guardianship rules, prevent care delays when turning 18

by Christian Hauser

For Ohio families raising children with special needs, turning 18 can create a sudden legal gap that delays care and leaves parents unable to make decisions for a child who cannot communicate or give consent. (Provided)

CINCINNATI (WKRC) - For Ohio families raising children with special needs, turning 18 can create a sudden legal gap that delays care and leaves parents unable to make decisions for a child who cannot communicate or give consent.

In Ohio, parents cannot begin the guardianship process until a child turns 18. For families of children with disabilities such as autism or Down syndrome, that can mean waiting months for a parent to be named guardian through probate court. If the child is nonverbal or has limited communication ability, the delay can also mean delayed health care until guardianship is established.

For Ohio families raising children with special needs, turning 18 can create a sudden legal gap that delays care and leaves parents unable to make decisions for a child who cannot communicate or give consent. (WKRC, Provided)

David Kahle and his son, Parker Kahle, traveled to the Ohio Statehouse to testify in support of a proposed bill aimed at closing that gap, known as the Parker Kahle Act.

Parker Kahle was diagnosed with autism when he was about 3 years old. He is nonverbal. When he turned 18, his father said he had to wait months while a guardianship petition went through probate court before he could be named guardian and get Parker needed dental care. Under current Ohio law, once a person turns 18, parents are no longer legal guardians.

David Kahle said he contacted state Rep. Jean Schmidt about changing the law and proposed allowing families to start the guardianship filing process earlier.

“We need more filing time. We can't wait until they're 18 years old. Why can't we file at 17 years and six months? A half year gives you six months to start working into the process before they turn 18. She said, 'Great idea. Any other ideas?'” Kahle said.

He also suggested that if guardianship is not established by the time the child turns 18, the parent should remain the guardian while the application continues through probate court. In addition, he said health care benefits should continue without interruption.

“To stop everything on their 18th birthday and say, 'You can file starting today, but there's going to be a gap between everything.' That means there's a gap in their health care time, especially if they're nonverbal or non-communicative or can't handle their own affairs. That's the important class where this comes in,” Kahle said.

While Parker Kahle has autism, the proposed bill would apply to anyone with a disability that limits communication and who is not able to give consent. The bill has had two committee hearings so far, and no one has spoken against it. 

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Local father, son work to change guardianship rules, prevent care delays when turning 18 

Woman receives guardianship termination after sharing her story with KMBC 9 Investigates

by Matt Flener

FARMINGTON, Mo. — Chiro Richey walked out of a nursing home on Tuesday with a laundry basket full of clothes under her right arm.

Nursing home staffers pushed a cart full of her belongings to load into her friend’s car.

After more than 10 years as a ward of the state of Missouri, Richey was finally free, her rights restored.

“I feel great,” she told KMBC 9 Investigates over the phone.

Five hours across the state, Buchanan County judge David Bolander had just approved her release, after months of delays in obtaining a psychiatric evaluation to determine if she was eligible for release from guardianship.

Richey will now live with a friend, seek surgery for a foot injury, and ultimately aim for college.

KMBC has followed Richey’s story in an ongoing investigation into Missouri’s public guardianship system called Paper Prisons, highlighting the difficulties of wards of the state and their families under Missouri’s system of public guardianship.

KMBC is investigating ways to systemically improve the care of those under guardianship by telling stories of people struggling to navigate a tangled system of legal paperwork, medical records, and court orders. KMBC is also seeking answers, perspective, and context from those in charge of keeping wards of the state in their care for their recommendations on how to improve the system.

Dozens of people like Richey have spoken with KMBC seeking help with their Missouri guardianship cases, as they push for better living conditions, access to care, and help from their guardians.

Buchanan County Public Administrator Brad Haggard advocated for Richey’s mental health evaluation and eventual release. Haggard said it took longer than needed for Richey to get seen. He has also advocated for improvements to bring more wards closer to their home.

“[The] system needs improved,” Haggard said. “That's really the bottom line. There's lots of areas of it that needs improved.”

Haggard wished Richey well and has advocated for her to receive help through a transitional state program.

"I think the system needs improved and, you know, I can do a little bit in my world here, but I think a message needs to be out there."

Richey believes it is important for anyone seeking help with guardianship to speak up.

“I believe that with me going out with my story and with you guys putting it out there for others, people can relate, or other people's family members might catch on and say, ‘Hey, you know, there's hope.”

Chiro Richey was one of more than an estimated 11,000 people in Missouri under public guardianship.

Read more about Chiro Richey’s story here.

If you know of someone going through struggles with Missouri’s public guardianship system, or if you have a case to highlight that exposes solutions for Missouri’s public guardianship system that could teach lessons to others, please email investigates@kmbc.com. 

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Woman receives guardianship termination after sharing her story with KMBC 9 Investigates 

See Also:
Paper Prisons: Missouri woman seeking release from public guardianship

Missouri woman shares journey of restoration from public guardianship 

Judge questions former Sullivan County public guardian about multiple guardianship cases 

Judge: Missouri public guardian’s felony financial crime case can move forward

Missouri public guardian pleads not guilty to eight felony counts

Missouri elected guardian charged with 8 felonies for stealing from ward

Paper Prisons: Missouri woman details struggle to leave public guardianship after husband's death

Paper Prisons: Missouri man continues fight to free his mother from public guardianship 

Sullivan County elected official accused of stealing thousands from disabled person   

Guardianship rights may have fueled woman's actions for allegedly shooting 2 lawyers outside courthouse

By Shirley Henderson 

Disappointment over losing guardianship rights over her mother may have fueled the actions of a North Carolina woman who has been accused of the nonfatal shooting of two lawyers outside a courthouse following a hearing for a civil case.

Gwendolyn White, 57, of Raleigh, North Carolina, was recently arrested and charged with two counts of attempted first-degree murder for allegedly shooting Mary Harris and Jeffrey Whitley—two Fox Rothschild lawyers representing the Rolesville Police Department in North Carolina.

White “became belligerent in court” and was reportedly ordered to leave the courtroom of the Wake County Courthouse in Raleigh, North Carolina. Witnesses said allegedly she went to her car to get a gun and returned to the courthouse where both lawyers were exiting the building. They are expected to recover from their wounds, according to coverage by Law.com and WRAL.

During White’s court appearance following the shooting, she expressed concern about her mother, Elleen White, not receiving proper care. In 2024, Wake County Health and Human Services sought to find a third-party guardian for Elleen White, noting that regarding Gwendolyn White, there were “concerns about caretaker neglect and the fitness of the caretaker to continue serving in that role,” according to court documents.

Posts on social media and filings in court show that White believed that the Rolesville Police Department was involved in “a racist conspiracy” to kill her and her mother, who died last year at age 90 in a nursing home, according to the Raleigh News & Observer. 

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Guardianship rights may have fueled woman's actions for allegedly shooting 2 lawyers outside courthouse

See Also:
Woman accused of shooting two attorneys failed in caring for elderly mother, court documents show

SAPD: Nursing assistant accused of exploiting 79-year-old woman at nursing home with Alzheimer’s

Nate Kotisso, Digital Journalist
Katrina Webber, Reporter

Destiny Lashell Houston, 36, is facing 3 felonies, records show

San Antonio police arrested Destiny Houston, who investigators believe paid for personal items with a debit card that belonged to a 79-year-old resident at a North Side nursing home. (Bexar County Sheriff's Office)

SAN ANTONIO – Police arrested a certified nursing assistant who investigators believe paid for personal items with a debit card that belonged to a 79-year-old resident at a North Side nursing home.

The San Antonio Police Department took Destiny Lashell Houston, 36, into custody Tuesday afternoon on the following charges, which are all considered third-degree felonies:

• Exploitation of an elderly individual
• Abuse of a credit card or debit card belonging to an elderly individual
• Fraudulent use or possession of items belonging to an elderly individual

At the time of the alleged crimes, police said Houston worked directly with the victim as a certified nursing assistant at The Forum at Lincoln Heights, a nursing home located in the 300 block of Nottingham Drive.

‘Numerous purchases’

Authorities said the victim, who was diagnosed with Alzheimer’s disease in 2024, moved into the facility’s mental care unit in June 2025. Due to the diagnosis, the victim’s daughter is in charge of her mother’s financial accounts in order to pay bills and monitor expenses, the affidavit states.

In August 2025, the victim’s daughter checked one of the accounts and noticed “numerous purchases” were made with the victim’s debit card over multiple days, according to police. SAPD said one purchase was made at a vending machine inside the nursing home’s employee lounge. 

After checking her mother’s wallet, investigators said her daughter learned that the victim’s cards were missing and subsequently filed a report with SAPD.

Suspect denies allegations

Detectives said they obtained surveillance videos and photos of Houston from several stores where the debit card was used. Investigators showed the pictures to supervisors at the nursing home, who identified Houston as the woman in those photos.

In an interview with police, Houston admitted that she was the person in the surveillance photos.

However, she denied using the victim’s debit card. According to the affidavit, Houston told police that the card she used was a “gift card” she found on the floor at the nursing home.

Houston bonded out of jail just after 10 p.m. Tuesday, according to jail records. She is expected to make her next court appearance on Aug. 24. 

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SAPD: Nursing assistant accused of exploiting 79-year-old woman at nursing home with Alzheimer’s 

Riviera Beach man accused of exploiting grandma with severe dementia to control finances

by Grace Bellinghausen 

Police say a Riviera Beach man quietly took control of his grandmother’s home, finances, and care by exploiting her worsening dementia. (Palm Beach County Jail, Getty Images)

RIVIERA BEACH, Fla. (CBS12) — Police say a Riviera Beach man quietly took control of his grandmother’s home, finances, and care by exploiting her worsening dementia.

According to a Riviera Beach Police Department probable cause affidavit, the investigation began on February 5 after a family member reported concerns that her 71-year-old mother was being taken advantage of by her grandson, 52-year-old Roderick Mitchell.

The family member told police she had served as her mother’s power of attorney since 2006, after severe dementia left the woman unable to make major decisions.

But in 2025, she said Mitchell transferred power of attorney to himself and executed a quitclaim deed on his grandmother’s home without her knowledge.

The victim alleged Mitchell, who lived in the home, prevented family members from checking on her welfare and at times threatened to burn the house down. The allegations were referred to the Florida Department of Children and Families, which opened an elder abuse investigation.

DCF investigators determined the woman was a vulnerable adult with severe dementia, diabetes, and mobility issues requiring a walker. The report stated Mitchell acted as her caregiver but was not acting in her best interest, raising concerns about missed insulin care, alcohol use, and aggressive behavior when intoxicated.

Mitchell reportedly acknowledged to investigators that he drank alcohol and did not personally administer insulin, instead relying on others for injections. He also admitted making decisions regarding power of attorney and property without consulting the victim or family members, claiming he was protecting the home.

A doctor who had treated her since 2018 reported progressive cognitive decline and stated in a 2025 letter that she required round-the-clock care and could not manage her finances, according to documents obtained by police.

Investigators also alleged Mitchell filed a second fraudulent quitclaim deed in April 2026 listing a suspicious address tied to a junkyard. Authorities said he later invoked his right to an attorney during questioning.

Detectives ultimately charged Mitchell with multiple felonies, including exploitation of an elderly person, fraudulent use of personal identification, grand theft over $50,000, and filing false documents involving real property.

On Saturday, officers located Mitchell in Riviera Beach and arrested him without incident. He was booked and later transferred to the Palm Beach County Jail. 

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Riviera Beach man accused of exploiting grandma with severe dementia to control finances