Friday, April 10, 2009

Guardian Bill Advances in Senate

By James Shiffer

This afternoon, in the circular chamber known as Room 15 in the state Capitol, I watched the first round of what’s likely to be a spirited tussle over proposed restrictions on the power of guardians and conservators in Minnesota. Granted sweeping powers over the finances and lives of others, these court-appointed caretakers face little regulation in Minnesota. Motivated by tales of abuses of the vulnerable, advocates for seniors, the mentally ill and disabled want to change that.

They were buoyed by my Feb. 15 story about Peggy Greer, whose guardian and conservator spent $672,000 before she regained her rights. Those urging caution include professional guardians and conservators and attorneys who represent them in probate court.

Presented to the Senate Judiciary Committee Tuesday, Sen. Mee Moua’s bill would set up a statewide registry of guardians and require professional guardians and conservators at for-profit ventures to be certified. It would also codify a bill of rights for wards and protected persons, and provision 10 of that list of rights consumed much of the discussion Tuesday. It involves the right to “unimpeded communication and visitation with persons of the ward or protected person’s choice.”

That’s an open invitation to meth dealers, swindlers and abusers who want to prey on vulnerable people unable or unwilling to keep them out of their lives, said Robert McLeod, an attorney representing the Minnesota State Bar’s probate section.

“This bill of rights would give bad people the unrestricted right to the ward or protected person,” McLeod said. His conclusion was echoed by Eric Jonsgard, senior director at Lutheran Social Service, whose employees are frequently appointed as guardians and conservators.

Full Article and Source:
Guardian bill advances in the Senate and gives a flavor of the battle ahead

More information:
Vulnerable Adult Justice Project 2009 Minnesota Legislative

See also:
Tighter Rules For Guardians

Money Used Up

7 comments:

  1. I am hoping this bill goes all the way.

    There's a lot of reform to be done, but it starts a step at a time.

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  2. YES - Good luck in Minnesota. When the U. S. Dept. of Justice makes some rules to hold judges throughout the land accountable to enfore legislation, then we will see some progress.

    “The hangin' judge
    came in unnoticed and was being wined and dined . . .”
    Bob Dylan

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  3. "....Those urging caution include professional guardians and conservators and attorneys who represent them in probate court."

    Yes, yes, yes, sweeping changes for the benefit of society, not the bar association's members.

    These people, lawyers, who have been controlling the probate system have proven that they themselves are financial predators in many instances; they need to have oversight and a truckload of sledge hammers over their greedy hands.

    Of course, they are concerned because they see their pot of $$$$$ going bye bye, staying where it belongs with the WARD for the best interest of the WARD.

    We know the guardianship system by design is in the best interest of....the guardians and all related in the ring of greedy thieves in this racket nationwide.

    I hope Minnesota shows the world that they are fed up with the failures of this racket and restore dignity and basic human rights.

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  4. I am glad to see Peggy Greer's story ignite the necessary fire to get things started!

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  5. MN Stand firm against those who have personal financial interest in legislation. Follow the $$$$$ and the votes. It's about time to think about society first, we the little people, the ones paying the bills and the elected officials paychecks, expenses and generous pension plans.

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  6. MN has a chance to lead the way of reform.

    Another hot case in MN involves Sheila Gast. At least three investigative reports were done on her, with no indictment as yet.

    Again, MN has a chance to lead the way of reform.

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  7. I would like to see an army of US DOJ agents have a surprise attack on courthouses from coast to coast. Seize and remove guardianship case files for audit and review and further action where needed. Guarantee what they will discover will be an eyes wide open event well worth their efforts to uncover decades of patterns of abuses with a dollar amount that would be astronomical much worse than our current economic wake up call. Even this two bit Madoff character would be wanting in on this probate scheme cause he would not be sitting in a federal cell no he would still be a free man socializing and working alongside the probate gang.

    ReplyDelete