NASGA responds to Florida proposed bill to raise filing fees for guardianships of elderly or disabled adults to $5,000, with an emphatic “NO!”National Association to STOP Guardian Abuse
http://www.stopguardianabuse.org/
http://nasga-stopguardianabuse.blogspot.com/
PRESS RELEASE
For immediate release
April 27, 2009
For more information contact:
Annie McKenna
NASGA Media Liaison
info@StopGuardianAbuse.org
___________________________________________________________________
NASGA, National Association to STOP Guardian Abuse,
objects to Florida Bill SB1718 / HB5117
___________________________________________________________________
NASGA is a civil rights organization comprised of victims and families working to expose and end unlawful and abusive guardianships/conservatorships. NASGA advocates for protection – physical and financial - of wards and their families –through education and outreach.
NASGA strenuously objects to SB1718 / HB5117:
http://www.stopguardianabuse.org/
http://nasga-stopguardianabuse.blogspot.com/
PRESS RELEASE
For immediate release
April 27, 2009
For more information contact:
Annie McKenna
NASGA Media Liaison
info@StopGuardianAbuse.org
___________________________________________________________________
NASGA, National Association to STOP Guardian Abuse,
objects to Florida Bill SB1718 / HB5117
___________________________________________________________________
NASGA is a civil rights organization comprised of victims and families working to expose and end unlawful and abusive guardianships/conservatorships. NASGA advocates for protection – physical and financial - of wards and their families –through education and outreach.
NASGA strenuously objects to SB1718 / HB5117:
1. Increasing the filing fee for guardianship of an elderly or disabled adult from $1,000 to $5,000 would virtually eliminate family in a protective role as guardian; thereby subjecting innocent and vulnerable wards to control by strangers” and subjecting them to the increased possibility, and likely probability, of guardianship abuse – in a state heavily populated by Senior Citizens – and one in which the courts are known to be uncaring or disinterested in the rights of the vulnerable elderly.
2. The monetary burden of the proposed increased fee will come from the ward’s estate. The law requires that the estate assets be conserved and prudently invested.
3. NASGA advocates that the ward’s estate should be used primarily for that purpose rather than legal and/or administrative fees.
NASGA says “NO” to SB1718 HB5117.
Those increases are outrageous and MUST not be allowed. The lawyers and other fiduciaries are eating up the estates, and now the court wants its share?
ReplyDeleteWard's assets are supposed to be prudently invested - not wasted!
It's good to see NASGA taking a stand to protect family.
ReplyDeleteAnother important point of view:
ReplyDeleteHere's how they'll do it when a "professional guardian" and/or an attorney are petitioning for guardianship:
I can see it now....The Guardian will petition for guardianship and falsely declare that the prospective ward is INDIGENT, even though they are aware that the ward has money, they, the professional guardians, will knowingly submit false information to the court, they will lie, they will report that the estate could not be determined at the time of filing and the court will accept this determination as truth.
Then once guardianship is approved, the ward's estate will suddenly be found, indigency will be nullified and the new $1000-$5000 filing fee will be taken directly from the ward's assets.
In this way the "professional guardian" doesn't have to come up with the fee before hand, finding a way around any fees, avoiding using any money out of their own pockets the professional guardians, lawyers will always find a self-serving way to use their wards money.
An increase in fees just encourages the buddy relationship of guardians/attorneys/judges. Now, it's just one other entity making money off of the vulnerable.
ReplyDeleteI agree - no.
Higher fees just make it harder for family to pay. But, the pros can pay, don't worry about that!
ReplyDeletePerhaps the attempt to raise fees shows the overall mindset of the FL legislators. Apparently, they don't see anything wrong with just another hand in the ward's pocket.
ReplyDeleteGood - let's set the record straight that increasing filing fees increases profits for the courts.
ReplyDeleteAre the courts supposed to profit from someone's misfortune?
It's bad enough that people are guardianized against their will, but to have to pay so much for the abuse that comes with guardianship is outrageous!
ReplyDeleteThey get family out of the way with outrageous fees like they are proposing here.
ReplyDeleteAnother thing they do is put the bond fee up so high the family can't afford to pay it.
Paying the fees out of the wards estate sure isn't conserving the estate!
ReplyDeleteWonder how "they" can explain that one!
Good going NASGA!
ReplyDeleteI applaud NASGA's response to this increase in fees. To whom did NASGA send this response? I hope NASGA sent it to lawmakers and asked for permission to publish there response.
ReplyDeleteIn my own opinion, all costs arising from an involuntary guardianship should be assumed by the public. This is the only way to realistically approach the conflict of address which arises when the courts and guardians run up charges against the assets they are supposed to conserve. Of course, this approach gives rise to another problem, namely the misuse of public funds. But at least this latter problem is not a new one ...
This is an industry, nothing to do with best interest of the ward.
ReplyDeleteBayback for the BANKROLLERS who funded the legislators campaigns.
Language of the laws are finalized, approved by -
L A W Y E R S!
Wake up America: Laws are written with intentional language and loopholes for self-serving purpose.