Professional guardians, and professionals who become guardians, in some states, can isolate the ward (even from family and friends), bill outrageous amounts, sell houses and other property, take over bank accounts and make the ward’s life absolutely miserable as they do. Don’t believe it? Neither did many others, until it happened to them.
The public is led to believe they have the right to pick the person they wish to make decisions for them, should they become unable to do so or need some help. However, in Florida, it appears, judges are allowed to ignore the person’s wishes and place him or her under the care of a professional guardian. Once that appointment has been made, the family can be completely excluded from the ward’s life. Worse, if there can be a worse, the ward is completely at the mercy of the guardian for better or for worse.
A guardian should be someone who is looking out for the best interest of the ward — not the ward being a money-making product to be billed to pennilessness.
When a guardian has already been chosen by the person, the courts should not be allowed to ignore that wish and appoint a professional guardian, unless there are some serious extenuating circumstances.
In my opinion, one of the first signs something is terribly wrong with a guardian situation is when the ward is isolated from family and friends. This action alone suggests there is something to hide. If not, then why would a guardian worry about the ward associating with all the people that had meant so much to him or her?
People who don’t understand the harm isolation can do, should spend a couple of months alone in a room with no stimulation and the only human contact (and brief words exchanged) being when someone brings a meal and picks up the tray. That experiment will give you a taste of what many under guardianship go through and what you may one day be looking forward to, if the laws are not changed.
The courts should not have the right to over-ride a person’s wishes, without true cause to do so. This is a person’s life after all. And family members and friends should be considered for guardianship prior to any professional being thought of.
Professional guardians should be held to the strictest of standards and there should be no immunity for them not also given to a family member or friend acting in the same capacity.
Guardians should not be allowed to create bills and then sell off the ward’s home and possessions to make payment, as easily as it seems it can be done in many jurisdictions.
Wards should not lose the right to fight for their freedom from guardianship, especially if it is a wrongful one. As it is, if the guardian has all the say — the ward can be silenced and kept from fighting against an abuse guardianship situation. How is that right? Doesn’t that defeat the very purpose of guardianship?
Full Article and Source:
Guardianship: Time for Accountability
Great article!
ReplyDeleteThank you, the words here are so true and it's beyond time for accountability for the abuse and neglect of our seniors and disabled.
ReplyDeleteThank you, the words here are so true and it's beyond time for accountability for the abuse and neglect of our seniors and disabled.
ReplyDeleteFor our readers: this article was written by Carrie Hutchens, who has faithfully followed and written numerous articles on the Gary Harvey case in Elmira, NY.
ReplyDeleteNASGA very much appreciates Carrie and the spotlight on guardianship abuse she shines with every article.
Visit Carrie's blog at: http://www.carriestake.com/
So many continue to suffer. Thank you, Carrie, for doing this article.
ReplyDeleteI particularly like this sentence: The public is led to believe they have the right to pick the person they wish to make decisions for them, should they become unable to do so or need some help.
ReplyDeleteSuch true words. The public is led to believe -- until it goes to court and we find out it was all a scam.
Thank you. You said it in a way that all should understand. Guardianship abuse seems almost unbelievable, until it happens to your family.
ReplyDeleteThanks Carrie for the Great article. Guardianship abuse is such a Nightmare that most people don't know this is going on... I didn't until it happened to my dear mother. She is isolated, medicated and everything she has has been taken away. Prisoners are living a better life than her! This is Abuse that must STOP!
ReplyDeleteTeri St.Hilaire,
ReplyDeleteYou deserve the guardianship abuse award of the decade!!! Although, Pinellas County, Fl has a lot fiduciaries
plus other guardians in competition with you; I still vote for you, bar-none.
It's a team effort for you guys anyway,
right?
You hold 4 kings, I now hold 4 ACES!!!
What you continue to do is beyond all comprehensible evil!!! The gift of greed
is your claim to fame and you will get infamous recognition, indeed. unless...
Stop the isolation...! My GOD!!! You are breaking laws across the board!!! We both know it. If you try to have me killed, then 10 or more people plus our great nation will witness that.
My request is simple: I want to see, hear, and smell my fiancee on a regular basis. (Or what's left of her.)
Also, this is your big chance to turn
over a leaf; grow a conscience, right?
You know who I am unless there are too many others who may have the same issues. NASGA, I-Team, Tampa Bay Times, my family/friends, and other cards to play. The police already
know the truth.
The buzz words nowdays are "elder abuse" and guardianship abuse fits that to a t.
ReplyDeleteThese are the kind of articles that do a great job raising awareness. Thank you NASGA.
ReplyDelete