Court-appointed guardians make virtually all decisions for people who are judged too incapacitated to care for themselves, managing their finances as well as decisions about health, housing and even meals. Some are relatives, while others are friends or lawyers.
Chief Justice Stuart J. Rabner said the courts had developed a new database to track all guardianships and make sure that each case is reviewed annually. The volunteers in the new guardianship monitoring program will read the annual reports and flag “inconsistent or incomplete” financial information, and report potential improprieties to judges.
The number of people with court-appointed legal guardians in New Jersey is rapidly increasing, Chief Justice Rabner said. Last year 3,900 people were declared incapacitated enough that their financial and health decisions were turned over to guardians. The number will only increase, he said, as rates of autism and Alzheimer’s disease continue to rise, and as the population ages. By 2030, he said, about 20 percent of the state’s population will be 65 years or older, up from about 13 percent now.
Many guardians do not file required reports detailing the financial situations and well-being of the people they oversee, or if they do, the reports often go unread, Chief Justice Rabner said. The state does not even have a complete count of how many people are under the care of guardians.
Chief Justice Rabner cited several cases in which guardians stole from people whose lives they essentially controlled. In 2004, a lawyer in Ocean County was convicted of stealing $2.6 million from 56 people in his care. In 2008, a minister in the same county was convicted of stealing $200,000 from 19 people. In October 2011, a lawyer was indicted on charges that he stole $800,000 from 60 people in his care in Monmouth and Ocean Counties.
Those people were caught, the chief justice said, because those counties aggressively review guardians’ annual reports. Many other counties, he said, do not have the personnel to do so.
He said that the courts were looking for volunteers who knew how to analyze simple financial reports, but that training would be provided by the state’s judiciary branch.
The program has begun in three counties, and is expected to be statewide by November. Court officials said only Delaware and Utah had similar statewide monitoring.
Full Article and Source;
New Jersey Asks for Help to Halt Fraud by Guardians
Full Article and Source;
New Jersey Asks for Help to Halt Fraud by Guardians
11 comments:
With today's hi-tech capability there is no reason why the states cannot monitor the fiduciaries they put in place in guardianships and STOP THE STEALING!
This is a scam, are they going to release all those who were put under fraudulent guardianships by the court like Matthew G Taylor's.
Are they going to prosecute Anthony P Kearns the 3rd who Chris Christie made the Hunterdon County prosecutor and committed Fraud Upon the Court.
Volunteer monitoring is the only way to get it done, but the states are going to have to kick in the funding to set up the systems.
NASGA wholeheartedly supports Volunteer Monitoring programs.
This is very positive news. I hope enough citizens volunteer.
It's great until it becomes away to take family guardians away and replace them with their buddies.
One more stall tactic to deny the the elderly and disabled their civil rights .........The Federal Government could monitor assets through the IRS if accounts fall below certain thresholds audits should be done ....... the states have admitted they do not have the man power. The IRS already sees the financials due to tax returns and if the returns are not filed that is a big red flag.
I hope all states take this on.
Very necessary, as the courts and Commissioners of Accounts and Virginia Department for the Aging here in Virginia have abdicated their responsibility to the elderly and disabled and are covering up abuse, neglect, and financial exploitation by our public guardianship programs.
Really I hope the Federal Government takes this on ,,,,,,,what happens when the volunteer attorneys cover for their buddies like they do in the Guardianship Racket
Just another wolf acting like a Sheep. Who will the honest volunteers complain to????
If victims of guardianship abuse volunteer, the system will be stronger, Anonymous. And we all know there are many NJ victims so there should be tons of volunteers.
well this is a good beginning that i hope lasts we need volunteers who will keep eyes on other volunteers so everyone is upfront with focus on their jobs hoping they have authority to raise the red flag when they see trouble with process for the suits to snatch the file for further scrutiny that alone will deter guardians from unethical conduct and theft
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