The Herald received intensively personal reactions to the story about how the guardian system works. They used the case of William Nagle.
Attorney Bob McKinley represents the corporate guardian for William Nagle, Chippewa Family Services, Inc. of Chippewa Falls. He thought it was unfair mentioning his client in the same story that also mentioned the Minnesota case. "There are abuses in the system. The problem in this case is not the guardian."
A woman who identified herself as Chuck’s sister: "My problem is the way you presented the information about Chuck being barred from any communications with CFS makes it appear as though all of the Nagle family behave childishly. That is soooooooo far from the truth. Chuck is the only one behaving in an irrational and childish manner."
A man identifying himself as Chuck’s brother: "Chuck Nagle’s statement that ‘family members couldn’t agree what should happen next’ could have been better stated that he didn’t agree with other family members’ agreed-upon plan."
But the article was always intended to be more than what he and the Nagle family have encountered dealing with the courts and each other.
Wisconsin’s guardian system is a secret system designed to protect the vulnerable. But it is secrecy that carries a price.
There are good and bad guardians. But families of people being protected by the secret system deserve more than a once-a-year disclosure of how their loved ones’ finances are being spent.
Guardians should be required to provide an accounting to the courts of how the money is being spent at least twice a year, if not quarterly.
A better accounting by guardians of the initial assessment of the vulnerable person’s assets is also necessary, so that potential financial problems would become apparent early on in the process.
Full Article and Source:
Column: Personal reactions follow guardian story
See also:
Pitfalls of The Guardian System
More information:
Attorney Bob McKinley represents the corporate guardian for William Nagle, Chippewa Family Services, Inc. of Chippewa Falls. He thought it was unfair mentioning his client in the same story that also mentioned the Minnesota case. "There are abuses in the system. The problem in this case is not the guardian."
A woman who identified herself as Chuck’s sister: "My problem is the way you presented the information about Chuck being barred from any communications with CFS makes it appear as though all of the Nagle family behave childishly. That is soooooooo far from the truth. Chuck is the only one behaving in an irrational and childish manner."
A man identifying himself as Chuck’s brother: "Chuck Nagle’s statement that ‘family members couldn’t agree what should happen next’ could have been better stated that he didn’t agree with other family members’ agreed-upon plan."
But the article was always intended to be more than what he and the Nagle family have encountered dealing with the courts and each other.
Wisconsin’s guardian system is a secret system designed to protect the vulnerable. But it is secrecy that carries a price.
There are good and bad guardians. But families of people being protected by the secret system deserve more than a once-a-year disclosure of how their loved ones’ finances are being spent.
Guardians should be required to provide an accounting to the courts of how the money is being spent at least twice a year, if not quarterly.
A better accounting by guardians of the initial assessment of the vulnerable person’s assets is also necessary, so that potential financial problems would become apparent early on in the process.
Full Article and Source:
Column: Personal reactions follow guardian story
See also:
Pitfalls of The Guardian System
More information:
The court's answer to a family feud is a forced guardianship/conservatorship!
Stop Guardian Abuse - An Open Door
Stop Guardian Abuse - An Open Door
18 comments:
This article demonstrates that when family feud (no matter what the reason), the feud becomes primary and everything else is secondary.
This is the year 2009 AD not 2009 BC
The Willliam Nagle family and the citizens of Wisconsin have a basic right to know how the guardianship laws and procedures in their state will permanently affect them and their loved ones before they find themselves trapped in a system that is based on the unknown, a mystery.
Applause to The Herald for their dedication to public service by publishing basic information to begin to inform and educate society for all the right reasons.
Secrecy is wrong.
Closed sealed files are wrong, enabling the system to proceed in the darkness, like an underground system with court approval is a recipe for disaster.
Open files and transcripts of all hearings are imperative to have a chance to keep the system open, ethical and HONEST.
Once a year accounting is insanity.
Full disclosure is a must.
Does anyone outside the loop of probate players know what is contained, what is missing, how the assets were spent in all of those guardianship case files for how many years?
For the record, the Minnesota case did not influence my personal opinions or my views of the Wisconsin guardianship system.
The issue is not how the guardianship began.
The bigger issues are how the ward and the familIES are affected, impacted by the guardianship laws.
NASGA your blog and website is a wealth of information to help me cant find anything like it anywhere thank you
Famlies need to realize the impact of fighting over a loved one - the lose of rights and liberties.
Guardianship is ownership.
In this case, sealed and closed records is just wrong. The family should be able to at least know what is going on with the prisonor and how the guardian is spending the estate.
I am hoping that the Nagle family dispute issues are not a diversion, CLOUDING the serious issues of the guardianship system itself; the secrecy, the failures of the Wisconsin guardianship system to open files and transcripts of the hearings and much more.
The Nagle family needs to unify and bond, to think ahead; now, they are only getting a preview of what is to come.
Personally, I hope and pray this case ends well for all.
However, should there be an incident or a medical situation affecting Mr. William Nagle or his health declines the guardian will make all life and death decisions regarding where Mr. Nagle will reside and what happens to Mr. Nagles possessions and property.
Some options are: remain in his own home with or without a caregiver or be transported to an assisted living arrangement or a nursing home facility.
If anyone in the Nagle family is concerned now, they are not alone.
It is no secret that many wards are forced to take dangerous psychotropic medications, medication road has serious consequences, most often the effects on the frail, elderly person is more confusion, loss of appetite, weight loss leading to end of life.
Closed files mask wrongdoing. The system is designed to protect itself. If nothing's going on wrong, then why not open the files and show everything's been done on the up and up?
And what's wrong with Chuck Nagle asking 30 questions for crying out loud?
Perhaps he just cares enough to ask!
This family hasn't learned its lesson yet. After all this, they're still more interested in the fight than anything else.
Their continued comments to get the last word in, just paints the picture the court loves - a feuding family.
And who benefits from a feuding family?
THE GUARDIAN
If Chuck is the only one behaving in an irrational and childish manner, then what do you call the brother and sister writing the paper because boo hoo, they don't like what was said? Their continued comments attacking their brother is irrational, keeping the fight going, and childish, having to have the last word.
The guardian's attorney says the guardian isn't the problem and then goes on not-so-subtly indicating Chuck Nagle is the problem. No surprise here.
Typical lawyer trick. And not very well done.
This is all about the family fighting (either rightully or wrongfully) and the court and lawyers getting inbetween and fostering the fight - at the expense of the father.
Most people in this town and the court system know what or who the problem is here. The Family does know what is going on with the "prisoner" as it was put. William has had Family living with him (not chuck however) ever since the Guardian has been put in place. He has lived with his daughter in Florida for the past 6 months and she was up in Wisconsin with him for 6-8 weeks before that. While it’s not convenient that she needs to get funds from the guardian to make purchases or reimburse her, it is not the horror story being presented here. Still it is not right that the other family members have for now lost the right to be guardian. The guardian has also made great efforts to ask William and other Family members opinions in order to make the appropriate decision regarding Williams care. Chuck has continually opposed any other Family member other than himself caring for William. And his father has stated on many occasions to several people including the GAL and the Guardian, that he would be very content with either of the other Siblings to care for him, but not Chuck himself. This has been very clear to the guardian from William himself. There is a lot of presumptions here in part based on a new member to this site. This is not a typical Family feud. This is almost the entire Family trying to honor their fathers wishes. Key word being almost of course. Chuck had intentions of selling his fathers house and moving him into a Condo that he bought. He has vehemently denied this and claimed he was buying a retirement residence for himself. He however told me personally of his plan, and any one that want to google “Willam Nagle Chippewa Falls)” , will find the article from a tech college where he consulted students for the layout of his Condo, which for the most part he followed through with, all secretive from the rest of the family that wanted to do everything possible to keep him in the house he built on the lake.
Please keep checking in over the next few weeks. I will keep everyone informed to any guardian abuse or lack there of.
If one person disagrees with the rest of the family or the family disagrees with one family member, then it is a typical family fued. This allows the courts to step in and take control. I do not care for the word prisonor. But in reality, a ward of the state has less rights than a criminal. I hope this family can get their father out of the system.
I agree that this family hasn't learned its lesson yet. Why is this person continuing bashing his/her brother Chuck in the comments?
Yes, the family lost it's right to be the guardian. Simply put, YOU, the one leaving the comments, are a great part of the reason why.
Your time would be much better spent trying to work out the differences with your siblings rather than continuing the family fued. Then, work on getting your father out of an intrusive guardianship.
It takes two to tango.
The family fight is taking away from the purpose of the article.
Sealed records in guardianship cases is wrong. Keeping the records closed opens up the door for abuse.
There has to be accounting and family members should be in the know of all proceedings and expenditures.
BEWARE of magic tricks which are intended to take one's eyes elsewhere, to manipulate and control the issue.
The laws governing guardianship in the state of Wisconsin is the major issue, closed files is #1 problem.
It appears, at this time, this particular guardian is including the ward in discussions (which is most unusual. In most cases, the ward has no voice.
With the eyes of the media and the citizens of Wisconsin on William Nagle's well being, I have a feeling this particular guardinship case will proceed unlike any other case; this case will proceed like a dream.
Unfortunately, the eyes of Wisconsin aren't on all the guardianship cases which will not proceed like a dream.
All familys have the right to know how the guardianship system works before they are insnared into it. It is corrupt as they come and thats why its a secret. A family member can object to the annual financial report noting numerous errors and wrong information but, unless that same family member has 10's of thousands of dollars to drag EVERYONE into court, nothing is done about it. The very Court who the ward/prisoner belongs to... does NOTHING about it. NOTHING
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