A recent Associated Press article describes the legal ordeal of 54-year-old Nashville songwriter, Danny Tate, who fought to regain control of his life after being declared incapacitated. The apparently ill-conceived guardianship process in Tennessee that wrested Tate’s financial, medical, and legal rights from him underscores the value of Vera Institute’s innovative Guardianship Project.
In 2007, a judge declared Tate mentally disabled and appointed his older brother, David, as his conservator—Tennessee’s term for guardian. Danny—whose costly crack addiction led his brother to petition the court—was neither present nor represented by a lawyer at the hearing that gave David the power to make his medical, financial, and legal decisions. Danny maintains that despite his drug addiction—which he has since overcome—he has always been capable of managing his own affairs. Three doctors reached the same conclusion, leading the judge to restore Danny’s constitutional rights in late May after a two-and-a-half year legal battle that drained his once-sizeable estate.
The Tate case exemplifies guardianship’s ethical complexities and where it can go nightmarishly wrong. The appointment of a guardian—whereby a court transfers decision-making power to a third party—should be made only when a person is truly incapacitated. It is crucial that the alleged incapacitated person be properly represented by counsel in court, and that the court follows an exhaustive process to determine his or her level of capacity, if any.
The Guardianship Project, where a team of lawyers, accountants, and social workers handle each court-appointed case, is a cost-effective solution to flaws in many existing guardianship systems—including that of New York State, which has no public guardianship program. This model of institutional guardianship marshals an array of resources to serve the best interests of clients that a private guardian cannot, and every effort is made to evaluate whether or not a guardian will be beneficial to a client.
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When Guardianship Goes Wrong
WHO IS PAYING FOR THIS TEAM ........ I would like to see the payment schedule otherwise it's
ReplyDeletejust another way to take people's money. 1 in 20 are abused are we creating new definitions of abuse like the Pharma industry created a
disease state around anti depressants .......
The Guardianship Project, where a team of lawyers, accountants, and social workers handle each court-appointed case, is a cost-effective solution to flaws in many existing guardianship systems—including that of New York State, which has no public guardianship program. This model of institutional guardianship marshals an array of resources to serve the best interests of clients that a private guardian cannot, and every effort is made to evaluate whether or not a guardian will be beneficial to a client.
I don't think this site should advertise for Wolves in Sheep's clothing. Their article is deceptive.
ReplyDeleteThe Guardianship Project has served roughly 200 clients since its inception, and it has saved New York State more than $5.4 million, with more than $2.3 million saved in 2009 alone.
“Most lawyers assigned as guardians are paid from the clients’ assets,” said Negrón. “However, our clients often have no assets, which means that these lawyers would have little incentive to give them the time needed to ensure that they are able to remain safely in their own homes. It takes a great deal of time, planning, and energy to keep someone out of a nursing care facility, but our effort pays off in a better quality of life for extremely vulnerable people and a net savings for the state.”
“The director of the Guardianship Project must be like the project itself: well versed in the personal as well as the legal issues of guardianship care,” said Vera’s director, Michael Jacobson. “We are extremely fortunate to have found such a person in Laura Negrón.”
A graduate of Hunter College with a master’s degree in social work, Negrón also holds a JD from the City University of New York’s School of Law, where she was managing editor of the New York City Law Review, and she is a member of the New York State Bar.
Negrón succeeds Jean Callahan, founding director of the Guardianship Project, who left Vera to become co-director of Hunter College’s Brookdale Center for Healthy Aging and Longevity and director of its Sadin Institute on Law and Public Policy.
oh this went wrong alright back to may 2007 escalating in june 2007 it's all there folks and what did the judge do did the judge say boo about the suspicious petition and back alley evaluations that didn't hold up? does this show this judge kennedy is part of the scheme and needs to be held accountable for his role in letting this scheme continue?
ReplyDeleteGUARDIANSHIP PROJECT _ WHAT IS THE POINT OF THEIR ARTICLE WAS IT THAT THEIR MODEL COULD OF EATEN UP DANNY TATES MONEY ALSO
ReplyDeleteIT IS AMAZING HOW EVERYONE IS WILLING TO EXPLOIT AND HELP FOR A FEE
The Guardianship Project is not the answer, but I do appreciate that they at least acknowledge the problem!
ReplyDelete