Guardianship Reform Arrives: Judges Must Try Less-Restrictive Alternatives, and Power-of-Attorney Forms Get a Major Overhaul

by Drew Blankenship

A lot of the time, guardianship begins with good intentions. However, it can quickly become a really emotionally draining legal process. A court-appointed guardianship can strip away major personal rights, including financial control, healthcare choices, and even decisions about where someone lives. Now, a growing wave of guardianship reform laws across the country is changing how courts approach these cases. Judges are increasingly being required to consider less-restrictive alternatives before removing someone’s legal independence, while updated power-of-attorney rules are reshaping how families plan for aging and incapacity. Ultimately, this should be good news, but you need to go into the situation knowledgeable.

Why Guardianship Reform Is Becoming a National Priority

Guardianship reform has gained momentum after years of criticism from elder advocates, disability-rights groups, and legal experts. Critics argued that traditional guardianship systems sometimes removed too many rights from older adults and disabled individuals even when less severe solutions were available. Newer laws now emphasize “person-centered” planning, which focuses on preserving as much independence as possible while still providing necessary support.

Several states adopting updated versions of the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act now require courts to explore alternatives before imposing full guardianship

Judges Are Now Being Told to Consider Less-Restrictive Alternatives First

One of the biggest changes in guardianship reform involves requiring courts to evaluate alternatives before approving guardianship petitions. These alternatives can include supported decision-making agreements, healthcare directives, representative payees, trusts, and financial power-of-attorney arrangements. In states adopting updated reform measures, judges must often document why less-restrictive options are insufficient before granting broad guardianship powers.

Some states, including Pennsylvania and North Carolina, now specifically require courts to make factual findings showing why less-restrictive alternatives would not adequately protect the person involved.

Power-of-Attorney Documents Are Receiving Major Attention

Power-of-attorney forms are also becoming a major focus under guardianship reform efforts. Attorneys say many older power-of-attorney documents were written too broadly, too vaguely, or without enough safeguards against abuse.

Updated forms in many states now include clearer language about financial authority, healthcare decision-making, fiduciary responsibilities, and limitations on an agent’s powers. Some newer laws also encourage narrower or customized powers rather than automatically granting blanket authority over every aspect of someone’s life.

Families Are Discovering Guardianship Is More Complex Than Expected

Many families assume guardianship simply allows them to “help out” an aging parent, but the legal reality is far more serious. Guardianship can remove rights involving finances, medical care, contracts, housing decisions, and other deeply personal areas of life, depending on the court order. Online discussions from caregivers and social workers show that families are often shocked to learn that guardianship does not automatically give unlimited control over another adult.

Supported Decision-Making Is Emerging as a Popular Alternative

Supported decision-making is becoming one of the fastest-growing alternatives under guardianship reform laws. Instead of transferring legal authority to someone else, supported decision-making allows individuals to retain their rights while receiving help understanding options and communicating decisions.

This approach works especially well for many older adults with mild cognitive decline or individuals with developmental disabilities who still want to participate actively in their lives. The American Bar Association and several state legislatures now encourage courts to prioritize supported decision-making whenever appropriate before imposing guardianship restrictions.

Guardianship Reform Is Changing How Families Plan for Aging

More often than not, judges have started turning to less-restrictive alternatives to traditional guardianship. The goal is to preserve independence whenever possible. That said, at the same time, updated power-of-attorney laws are encouraging families to create more thoughtful, detailed legal plans before emergencies happen. When it’s all said and done, these reforms should reduce unnecessary loss of rights while still protecting vulnerable adults from exploitation or neglect. 

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Guardianship Reform Arrives: Judges Must Try Less-Restrictive Alternatives, and Power-of-Attorney Forms Get a Major Overhaul 

Hollidaysburg woman accused of taking money from older adult to pay for hotels, cruises

Ritchey allegedly used victim’s account to pay for cruises, hotels

A Hollidaysburg woman faces more than two dozen charges related to the financial exploitation of an elderly person.

Brandy Marie Ritchey, 43, was charged with six felony counts of access device used without authorization, five felony counts each of theft by deception and receiving stolen property, one felony count each of financial exploitation of an older adult of care dependent person and forgery. In addition, she was charged with three misdemeanor counts of receiving stolen property, two misdemeanor counts of theft by deception, and one misdemeanor count each of Receiving stolen property, theft and unauthorized use of an access device.

According to the affidavit of probable cause, state police received a report in March from a protective services investigator for Blair Senior Services.

The investigator told police he was assigned the case on Feb. 13 and that the victim lived at the Presbyterian Home in Hollidaysburg, where she has been a resident since late September 2025. She had previously lived in her home with Ritchey, the investigator said.

During his research, the investigator received two concerning reports about Ritchey purchasing a new car, but lacking the financial means to do so. The second report showed bank statements that appeared Ritchey was financially exploiting the victim.

When protective services interviewed the victim, she voiced concerns that Ritchey was using her money without permission.

Protective services received a spreadsheet of expenditures from the victim’s bank account and found a variety of purchases that the victim did not authorize, including vacations, hotel rooms and cruises, the affidavit states.

Police reported that the purchases began about June 30, 2025, and included several cruises, cruise excursions, hotels in New York and more.

Police also found several unauthorized cash withdrawals from the victim’s bank account at area ATM machines.

In addition, Ritchey took the victim to the bank on Feb. 13 in an attempt to withdraw $40,000. That request was denied and the account was put on hold, protective services reported.

During the investigation, police spoke to a local bank branch manager who reported her suspicions that Ritchey was exploiting the victim.

In an interview with the victim and her family members, the victim said Ritchey has access to her finances to pay for her stay at the home. But for bills associated with the victim’s home, Ritchey brings the bills and the victim pays those by writing out a check.

Police reported they told the victim that Ritchey may have been using her money to benefit herself for a very long time, the affidavit states, noting the total amounted to about $50,000.

When asked, the victim told police she never authorized Ritchey to use her money for a vehicle, vacations or anything else.

“I made it clear several times to her, if you’re doing this, you’d better be using your own money. If you’re using mine, you’re going to be in trouble. I told her I would stick her ass in jail faster than anything,” the victim told police in the interview.

On March 17, police applied for and were granted a search warrant on Ritchey’s residence, vehicle and person.

The warrant was executed on March 18 and police found a variety of items relating to the case, including the victim’s bank cards, bank statements, checkbooks and deposit/withdrawal slips. In addition, police found receipts for the vehicle purchase and a flight to Miami, as well as a receipt from a local pawn shop where Ritchey allegedly sold gold and silver, receiving $1,400.

During an interview with police on March 19, Ritchey allegedly admitted to using the victim’s money for herself and to selling the victim’s jewelry, police reported.

Ritchey allegedly told police she was broke and didn’t know what else to do.

Ritchey was arraigned Thursday evening before Magisterial District Judge Daniel C. DeAntonio and remanded to the Blair County Prison in lieu of $150,000 bail.

Her preliminary hearing is set for May 26 before DeAntonio.

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Hollidaysburg woman accused of taking money from older adult to pay for hotels, cruises 

Michigan court reverses probate court conservatorship order

By: BridgeTower Media Newswires 

DETROIT, MI — Where a petitioner has challenged probate court orders appointing appellee as conservator for the petitioner’s minor children under MCL 700.5106 and MCL 700.5409, the probate court erroneously relied on a confidential report submitted by a guardian ad litem without first allowing him the opportunity to review it, in violation of MCR 5.121(D)(2)(a).

Reversed.

“Although petitioner did not first bring this issue to the probate court, we exercise our discretion to review this issue. It presents concerns regarding procedural fairness in the probate court’s handling of a confidential GAL report that it received into evidence and expressly relied upon in rendering its decision. The probate court did not provide petitioner an opportunity to examine or respond to that material. A proceeding in which the court relies on undisclosed evidence to resolve a contested issue affecting statutory priority and fiduciary appointment undermines the fundamental fairness of the adjudicative process. In our view, if we declined to review this alleged violation of a court rule designed to safeguard the rights of interested parties in probate proceedings, it would result in a manifest injustice. …

“Here, the probate court appointed the GAL, received the GAL’s confidential report into the record, and relied on that report in rendering its decision. Under these circumstances, the court rules imposed an affirmative obligation on the probate court to ensure that petitioner, as an interested person, was afforded an opportunity to examine and review the report and to controvert it. The court was required to do so regardless of whether petitioner made a formal request. The record does not reflect that petitioner was ever afforded such an opportunity, although evidence of his desire to do so is apparent from the record. Before the hearing, petitioner sent an email to the GAL requesting whether ‘any information can be provided on what is contained in the confidential file that makes [petitioner] unsuitable to serve as conservator?’ The GAL responded that she would ‘need to defer to the court on [her] recommendation,’ due to her discomfort with providing further information. This exchange demonstrates that petitioner affirmatively sought access to the report but the GAL declined. That procedure was inconsistent with the plain language of MCR 5.121(D)(2)(a). Accordingly, petitioner is entitled to a new hearing. On remand, petitioner must be afforded the opportunity to examine any GAL report received into evidence as required by MCR 5.121(D)(2)(a).

“Reversed and remanded for further proceedings consistent with this opinion.”

In re Conservatorship of GT; MiLW No. 07-110568, 18 pages; Michigan Court of Appeals published; Rick, J., joined by Yates, J., Mariani, J.; on appeal from Wayne Probate Court; Elizabeth L. Parker for appellant; Dawn A. Santamarina for appellee. 

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Michigan court reverses probate court conservatorship order

PBS Brings Back Series Focused On Character With Autism

by Shaun Heasley

A popular drama centering on a detective with autism who has a unique way of solving crimes is set to return.

PBS said that it will air a new season of the British show “Patience” this summer.

The series follows Patience Evans, a woman with autism who works in the criminal records office in the city of York. She is drafted to help solve complex criminal investigations after a detective notices her extraordinary attention to detail.

Patience is played by Ella Maisy Purvis, who is neurodiverse.

“Patience” is an adaptation of the French hit “Astrid.” The British version debuted on Channel 4 in the U.K. before airing its first season on PBS last year. It was one of the most streamed series on PBS’ digital platforms, the network said.

Season two finds Patience learning to work with a new detective while searching for her mother and navigating love.

“Audiences connected with ‘Patience’ in its first season, and we’re excited to bring the mystery back for another chapter,” said Maria Bruno Ruiz, vice president of program content strategy and scheduling at PBS. “With new cases, new characters and deeper emotional stakes, season two builds on what viewers loved while expanding the world of the show.”

The new season of “Patience” will be available to stream May 31 on PBS Passport and PBS Masterpiece on Prime Video before airing on PBS stations beginning June 14 at 8 p.m. ET. 

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PBS Brings Back Series Focused On Character With Autism 

Social media erupts: Kentucky mom hidden camera caught abuse of nonverbal son

by Victoria Garnes

(KTAL/KMSS) — A Louisville mother is going viral on social media after she says a hidden camera placed in her nonverbal autistic son’s hair captured a school employee physically and verbally abusing the child inside a classroom.

The allegations surfaced this week after mother Tiphanee Lee shared videos, screenshots and emotional posts on Facebook, claiming she secretly sent her son, Semaj’ Lee, to school with a recording device after becoming suspicious about how staff at Field Elementary School were treating him.

According to Lee, the footage and audio allegedly captured a teacher’s assistant yelling at the child, using racial slurs and physically assaulting him while the boy cried out. Lee said she decided to use the hidden camera after school officials repeatedly described her son as “aggressive,” behavior she said did not match what she saw at home. Lee hid the camera in her son’s hair.

The posts quickly gained traction online, with thousands of shares, comments and reactions pouring in across Facebook, Instagram and other platforms. Many social media users expressed outrage, calling for criminal charges, staff accountability and increased protections for children with disabilities.

According to a letter shared online from Jefferson County Public Schools, district officials said Child Protective Services and district investigators began looking into the allegations on May 13. The district also said the staff member at the center of the investigation has been reassigned while the investigation continues.

Lee has vowed to continue speaking out and says she wants justice not only for her son, but for other children who may be unable to speak for themselves. 

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Social media erupts: Kentucky mom hidden camera caught abuse of nonverbal son 

Onondaga Judge Named Guardianship Co-Chair

by Lucas Day

Mary Keib Smith has been appointed as the upstate judicial co-chair of New York’s Guardianship Advisory Committee.

Chief Administrative Judge Joseph A. Zayas announced the appointment this week. The committee advises New York’s Unified Court System on guardianship matters and works to improve guardianship practices statewide.

Keib Smith will serve alongside downstate judicial co-chair Charles Troia. She succeeds David Guy, who is retiring later this year.

Keib Smith has served as Onondaga County Surrogate since 2018. Since being designated an acting Supreme Court justice in 2021, she has overseen Mental Hygiene Law Article 81 guardianship cases in Onondaga County.

Before joining the bench, Keib Smith practiced law in Syracuse, focusing on estate planning, estate administration, elder care, and guardianships.

State court officials praised Keib Smith’s experience handling complex guardianship cases and said her leadership will help support ongoing efforts to improve New York’s guardianship system.

In a statement, Keib Smith said she looks forward to working with committee members and court leadership to continue reforms and help protect vulnerable New Yorkers who are unable to advocate for themselves. 

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Onondaga Judge Named Guardianship Co-Chair 

Former Cloquet police officer found guilty of taking advantage of elderly person

By Matt McConico 

SAINT PAUL & CLOQUET, Minn. – Former Cloquet Police Officer Laci Marie Silgjord was found guilty of one count of felony attempted theft by swindle.

Silgjord exploited a now-deceased 78-year-old vulnerable adult.

She gained access to victim’s bank accounts and attempted to inherit the estate worth more than $150.000, despite Ms. Armey having surviving family.

Silgjord was financially exploiting Joan Arney, at the time a 78-year-old with dementia, Silgjord met through her employment as a then-Cloquet police officer.

The state said four months after meeting the victim, Silgjord represented herself to a bank as her fiduciary, despite having no legal authority for this role, and gained access to the victim’s bank accounts.

Silgjord will be sentenced at a date to be determined.

The Carlton County Attorney referred the case to the Attorney General’s Office and the Medicaid Fraud Control Unit investigated the case. It was tried jointly by Medicaid Fraud and Criminal Division.

Timeline of the accusations against Silgjord from the Attorney General’s Office:

As outlined in the  criminal complaint and as proven at trial, Silgjord first met the victim in May 2020 when Silgjord responded to the victim’s residence for a call regarding a stolen purse. By January 2021, Silgjord had attempted to obtain the victim’s entire remaining estate despite the victim having surviving family and no written estate plan awarding anything to Silgjord. This was despite a Cloquet Police Department policy that in order to “avoid actual or perceived conflicts of interest members of this department shall refrain from developing or maintaining personal or financial relationships with victims, witnesses or other individuals during the course of, or as a direct result of, any official contact.” 

Then-Officer Silgjord first encountered the victim on May 5, 2020, when she responded to a call about a stolen purse.  On June 2, 2020, Silgjord performed a welfare check at the victim’s house upon the request of the victim’s half-brother. Silgjord and other officers conducted a second welfare check on August 25, 2020, when they found the victim in very poor condition, including that she had suffered a stroke and had deficits in memory and attention. The victim was immediately transported to the hospital.  

On September 4, 2020, the hospital petitioned for guardianship for the victim due to “severe memory and orientation deficits which make her unable to make higher level decisions about her medical care.” At a court hearing on the guardianship, Silgjord stated that a social worker at the hospital asked Silgjord to be the victim’s guardian. The Court appointed Silgjord as guardian on September 11, 2020, which allowed her to perform duties related to personal care and custody. Silgjord was never appointed as a conservator to make financial decisions for the victim or manage the victim’s money, however. 

Throughout September 2020, Silgjord recorded multiple bedside conversations with the victim.  During one conversation, the victim said she did not know where she was, did not know her maiden name, did not know her father’s name, and did not remember how old her son was when he died.  Silgjord also showed the victim a photograph of herself when she was younger; the victim did not recognize herself. During this conversation, Silgjord told the victim that she was her “new grandma” and that she loved the victim.  The victim responded that she loved Silgjord and that she wanted to take care of her. 

In late September 2020, Silgjord presented guardianship paperwork to the victim’s bank. She documented on a form titled “Fiduciary Accounts Application & Agreement” that she was the victim’s fiduciary and that she had the authority to access the victim’s accounts.   

Medical records in October 2020 documented the victim’s continued regression, and at times noted she was hallucinating. On October 28, 2020, the victim passed away with no surviving children and no will. Silgjord did not notify the victim’s estranged husband and next of kin about the victim’s death.   

Shortly after the victim’s death, Silgjord met the victim’s estranged husband at a restaurant. The Court’s order appointing Silgjord as guardian indicated that her guardianship expired upon the victim’s death — yet Silgjord claimed to the victim’s estranged husband that she was “in charge” of ensuring the victim’s wishes were carried out. Silgjord also refused to give the estranged husband the keys to the victim’s house. When the estranged husband asked Silgjord about submitting paperwork to access the victim’s bank accounts, Silgjord responded that he could “probably not” do this “because I am on the account.”   

On November 24, 2020, the victim’s estranged husband went to the victim’s house, where he encountered Silgjord. Silgjord falsely claimed she had a guardianship and conservatorship over the victim, refused to provide him the keys, and said that she would not do so “until the courts make me sign it over.” 

On December 18, 2020, Silgjord filed a petition seeking to be appointed personal representative of the victim’s estate. Silgjord claimed the estate was indebted to her for guardianship expenses. Some of compensation sought by Silgjord included time she supposedly spent on the guardianship while Silgjord was on duty as a police officer. 

On January 28, 2021, Silgjord filed a claim against the victim’s estate for $71,601.58, which she estimated to be the estate’s total value. In describing her claim, Silgjord wrote “Prior to Joan’s death she told me she loved me & wanted to take care of me & my family. I was Joan’s friend & court appointed guardian.”    

On March 9, 2021, Silgjord filed a second claim seeking an additional $86,611.70 from the estate, which represented the total of the inheritance the victim was set to receive from her stepmother’s estate. In describing this claim, Silgjord wrote, “I was Joan’s court appointed guardian & took care of her prior to her death. There is no formal will but Joan told me & my husband she loved us and wanted to take care of us. I have this recorded on my cell phone.”   

The Court denied Silgjord’s claims against the victim’s estate. Silgjord’s employment as a Cloquet police officer ended in June 2022.  

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Former Cloquet police officer found guilty of taking advantage of elderly person 

Banks oppose bill to prevent fraud on elderly, disabled

by Sean Reed 

Based on the multiple billions of dollars lost to scams and exploitation of elderly and disabled adults each year, victims, lawmakers and interest groups want to move legislation that would require Illinois banks to provide new protective measures to prevent fraud.

Rep. Katie Stuart, D-Collinsville, is the sponsor of House Bill 4767, which would create new requirements for banks and credit unions to report potential financial exploitation of elderly and disabled adults.

Reports under the legislation would be sent to the Illinois Department on Aging, the agency behind the bill.

IDoA Director Mary Killough said financial exploitation is one of the most common forms of elder abuse reported in the state of Illinois, and $4.9 billion was reportedly lost by adults over 60 in 2024 – according to FBI data.

“Our legislation allows financial financial institutions to temporarily pause suspicious transactions and contact trusted representatives when exploitation is suspected,” Killough said. “We have the responsibility to ensure older adults can age with dignity and security not fear, preventing financial exploitation before it occurs is one of the most effective ways to do that.”

Stuart said she thinks the bill is especially pertinent due to reports of fraud becoming more sophisticated.

“If they don't have a clear picture of everything that's going on, this fraud is getting more sophisticated, much easier to be duped, much more devastating, much more quickly getting more information and other things about vulnerable people,” Stuart said.

The children of two fraud victims spoke in support of the proposal as well.

One man named Tony – who did not fully identify himself at the request of his 83-year-old father, who wanted to avoid embarrassment – said his father fell victim to a [**phone scam**](https://www.cbsnews.com/chicago/video/suburban-man-loses-69k-to-scammer-using-ai-generated-u-s-marshals-badge/) that drained about $69,000 from his savings in a little more than a week.

He said the case involved the scammer impersonating a U.S. Marshal.

Lori Hendren with AARP Illinois said her organization sees devastation from such scams.

“This is not about money, it impacts individuals' independence, their health, housing stability, sense of security, and overall quality of life. For many older adults, their family and or their caregivers, losing hard-earned savings means losing control of their future,” Hendren.

The bill has some opposition in financial institutions.

Stuart said after a long negotiation process, she was able to add language to the bill that accounted for their concerns about who on staff would be responsible for reporting potential fraud.

Despite the negotiations, bank and credit union groups still oppose the bill over the new requirements that would be imposed on their operations.

As for the cost of implementing the fraud prevention plan, Killough said the department doesn’t expect to need more resources.

“We already spend a lot of money in that direction. I don't think it's going to add any more, but what we're hoping for is when we investigate for abuse, it's not for a crime, it's to ensure that the individual receives the services that they need so they won't be victimized,” Killough said.

The bill was introduced in early February, and currently awaits progress in the House of Representatives.

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Banks oppose bill to prevent fraud on elderly, disabled 

Couple found guilty of identity theft, elder financial abuse of late Sanger golf course owner

By Vincent Camarillo

FRESNO COUNTY, Calif. (KFSN) -- A jury has convicted Gina Abercrombie and her fiancé, Justin Teel, on financial abuse and identity theft charges in a high-profile case involving the late owner of a Valley golf course.

The verdict, delivered Tuesday after more than two months of trial proceedings, followed extensive testimony and thousands of documents presented by prosecutors.

Senior Deputy District Attorney Lisa Urrizola said the evidence showed the couple stole more than $800,000 from Abercrombie's stepfather, Randy Hansen, between 2017 and 2022.

Hansen owned Sherwood Forest Golf Club near Sanger and died in 2020.

Prosecutors said the scheme spanned five years and involved Abercrombie and Teel impersonating Hansen and applying for business loans in his name.

Urrizola characterized the fraud as escalating over time.

"They dipped their toe in the pool, and then they put their leg, and then they jumped in and they never stopped," Urrizola said.

Throughout the trial, Abercrombie and Teel were seen glancing at the courtroom gallery and, at times, appearing confident.

That demeanor changed as the verdict was read.

Abercrombie shook her head and appeared emotional, later telling someone in the gallery that the verdict was wrong. 

Urrizola dismissed the reaction.

"I think both of them are sociopaths, and they've never been held accountable for their behavior, and they believe they were going to get away with it, and they did for a very long time," she said.

Prosecutors emphasized the coordination between the two defendants, arguing the scheme was deliberate and long in the making.

Urrizola said their connection dated back years.

"Teal is a felon; he was paroled in 2015 for mortgage fraud, perjury and welfare fraud. They knew each other from high school, and he looked her up when he got out of prison, and then her mother passed away, and that was ripe for the picking," she said.

The district attorney's office said it plans to seek the maximum sentence of 5 years and 4 months in prison for both defendants.

"Based on the sophistication, based on the fact that they took advantage of this man, that he was a family member, that it went on for over three years, so there was never a reflection by them to stop," Urrizola said.

In addition to potential prison time, the defendants could be ordered to pay up to $875,000 in restitution. Sentencing is scheduled for June 29. 

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Couple found guilty of identity theft, elder financial abuse of late Sanger golf course owner