OH: Judge Seeks Standards for Court Guardians

Attorneys who hold in their hands the lives of the addled, elderly and disabled soon will get a set of common-sense rules, partly inspired by a man wrongly stripped of his freedom and property.

Franklin County Probate Judge Eric Brown is asking for public comment on 46 standards to govern attorneys who serve as guardians to wards of his court.

"These are the most vulnerable citizens in our community," Brown said. "We can do better."

Brown was the Common Pleas judge appointed to hear the case of Milous Keith after the previous Franklin County Probate judge recused himself. Keith, then 76, fought a court-appointed guardian for two years to regain control of his life.

"My learning experience with the handling of that case certainly caused me to be concerned about the issues that arose," Brown said.

Keith still lives in fear "at an undisclosed location," said his sister, Etta Brown. "They took Milous out of his house in handcuffs and put him in a police car and locked him in an Alzheimer's ward for nearly two years."

The former city housing administrator had assets of more than $600,000, court records say. Today, Etta Brown figures, her brother has less than $150,000. Keith is suing his former guardian's law firm, alleging that guardian Jim Hughes sold assets at a loss, hired his father-in-law as a real-estate agent and failed to inventory safe-deposit boxes.

Brown found Keith competent in February 2006. He removed the guardianship.

Brown's standards will apply only to attorneys, but he hopes family, volunteer and other guardians will find them helpful. He's sending his draft to attorneys, other guardians, nursing homes and fellow probate judges, among others.

Proposed rules include requiring attorneys to attend training, visit wards personally at least quarterly, not hire relatives without permission, and designate someone to take over if the guardian dies or quits.

"There are some guardians who have one or two or three wards," Brown said. "Some have hundreds. Those may have trouble meeting the standards."

But the rules, he said, are to protect wards.

Full Article and Source:
Judge Seeks Standards for Court Guardians

See Also:
Proposed Standards for Attorney Guardians