Tuesday, June 3, 2008

Wards’ Assets and Well-being at Risk

Major problems in the Kentucky state guardianship program place the well-being and finances of more than 2,500 wards of the state at risk, according to an audit by state Auditor Crit Luallen.

“Not only did we find that their financial assets were grossly mismanaged, but more seriously, we found that inadequate staffing puts their well-being at risk.”

The audit attributes the problems largely to lack of sufficient case managers and fiduciary workers to oversee the personal care and finances of wards of the state.

The audit found:

* significant control and operational deficiencies within the program that, as of August 2007, oversaw the needs to 2,555 active wards and their assets, which totaled more than $25 million

* case managers who oversee personal care and fiduciary workers managing finances are not working together

* inadequate staffing

* auditors were unable to find proper documentation for more than $1 million in special-needs payments that are advanced to wards or the facilities where the wards reside

* auditors found more than $200,000 in interest income earned on wards’ assets had not been distributed

* auditors also discovered that, dating to 1989, deceased wards had balances of more than $1 million in accounts that had not been closed

The audit makes 43 recommendations to improve the system.

Audit finds problems in state guardianship program

Audit says state guardianship program has problems

Report on state wards is critical

See also:

State Auditor Crit Luallen releases analysis on Ky. Guardianship
State adult wards’ assets and well-being at risk

See audit:
2008 Guardianship Performance Report


Anonymous said...

I am not at all surprised at their initial findings and conclusions. A more thorough review would find many in the probate system failing to fulfill their fiduciary duties.

I have been saying to anyone who will listen, that we must have a surprise probate audit and review of every guardianship case file to take place in every courthouse in all 50 states.

How many billions or trillions of Wards assets would be involved?

The guardianship system has been and is broken; it is a free for all on the wards and their assets; it is totally out of control and this post confirms what we know: that the guardianship system is and has been "open season" on the Wards of the state.

Anonymous said...

The problem is mostly due to not having "enough case managers and fiduciary workers to oversee...."????


Anonymous said...

This nation is tolerating the abuse of a ward's human rights and the plunder of the their assets.

The system is designed to allow abuse and plunder. When will we wake up and scream?

Anonymous said...

One by one, each state is revealing inadequate protections against guardianship/conservatorship abuse.

Now what we have to do is get them to do something about it!