A very sad article appeared on the Times Online recently entitled, "Who Knows Best? Dispute over disabled man's care magnifies guardianship's complexities." (Read it in full here.)
The article recounts the story of Nancy Pantoni and her ongoing legal
battle with the guardian of her adult, special needs son, Dominic.The article's claims seem shocking. According to the article, Dominic's current guardian, the nonprofit Jewish Family & Children's Services of Pittsburgh, refuses to allow Dominic's mother to speak with him on the phone or to visit him more than one hour every month. She is not informed of his medical condition or even of his hospitalizations.
According to the article,
"She [Nancy Pantoni] said she feels decisions made by the guardian have been detrimental. 'His health has significantly deteriorated so much that I'm concerned for his life,' she said. 'I'm on a mission to save my son's life, I really am. I'll do anything.' "Why was the nonprofit, and not Nancy Pantoni herself, appointed guardian of Dominic? The article explains that when it first became necessary for Dominic to move into a residential care facility paid for by the state, no openings were immediately available. Ms. Pantoni was apparently advised that a nonprofit agency might be able to get Dominic into a home faster than Ms. Pantoni herself could -- but only if that agency was appointed Dominic's guardian. (As a side note, this seems like speculation and I do not know if it is accurate. However, it is true that wait time for openings in residential facilities can be long, depending on one's locale.)
The nonprofit agency was then appointed Dominic's guardian. The agency did, in fact, find placement for Dominic in a group home. The agency has continued to serve as Dominic's guardian.
What is Nancy Pantoni's present goal? "'Ideally, I would like to be his guardian,' she said, 'and if that's not possible, at least have a guardian who will cooperate and honor family choices.' "
As an attorney who specializes in guardianship matters and elder law, I would like to give context to some of the issues raised in the article.
Full Article & Source:
What You Should Know Before Requesting a Third Party to be Named Guardian of Your Adult Child
13 comments:
You can't know what a nightmare you could be getting into!
This unethical behavior is EXACTLY what Jewish Family Service of Tidewater does in case after case.
De-fund these programs that do not obey the law and flout basic ethical standards, NOW. And fire the state officials who are supposed to oversee these programs, but are actually in cahoots with these unethical guardianship programs.
And report each and every one of the unethical attorneys who enabled and covered up this unethical conduct to the state Bar.
I'm talking to you, Janet James and Amy Marschean.
People need to know that they don't have to guardianize their adult dependent children. Supported decision making is growing across the nation and that will obviate the need for guardianship.
These young adults are torn away from families and many are profoundly disabled. What do they think? There's no consideration for the trauma they suffer.
Such a sad story. I hope the guardian steps up to the plate and does the right thing for Dom.
Pray Dom gets to go home.
I have heard many complaints about the Jewish Family Services in Richmond, VA.
My heart is with this family in the emotional trauma, financial loss, damages to their son and the anguish that they have faced in watching his continued deterioration with their hands tied behind their backs. This certainly is criminal and especially not being told of this medical condition now and not being able to visit more than an hour a month?
Where is the consciousness of those in charge? How is this conducive to a quality of life for this family in all aspects? Where are the people in our government agencies who's jobs are to protect the disabled? Was any of this necessary?
This is another case of custody for cash in the state of Pennsylvania. I hope to see justice in this case and others that are ongoing in this state and others.
I have been denied my rights as my brother's sole family member left: I cannot contact my brother now (unless I go through the most corrupt attorney, now guardian, I have ever met) after filing with the Human Rights Department three times, the medical boards, calling in the police department to check on my brother, etc. I am denied attendance at team meetings, I am denied medical records, the insurance company is refusing to get in touch with me after writing to them, the list is endless! This is the world renowned physiatrist in brain injury and his cohorts. And this all comes from a retaliation in my intentions of filing criminal charges per the PA Dept. of Protection and Advocacy against a facility in Pittsburgh for abuse/neglect and subsequent damages.
He wants to go home. Who doesn't want to go home? It's a normal reaction. I'd be worried if he didn't want to go home.
This case is all to familiar. My wife's former guardian placed restrictions on me as to visitation even though she was placed miles from home. The guardian only cared for their own interest and not the best interest of their ward. Since I've taken guardianship it is becoming impossible to find where here funds are at. These guardianship agencies appear to treat wards as non humans who should have no life.
Now MAYBE people will understand my continuous rants and demands for LAWSUITS on violations of 42USC 1983 and every single other Constitutional violation present in each individal case.
there are VIOLATIONS of the ADA and Olmstead as well.
and don't even think that these esteemed disability rights groups will help you out or the aclu/ I sue you the same. WE'RE ON OUR OWN until we somehow GET IT ALL TOGETHER AND FILE ON THE FEDERAL LEVEL deprivation of rights etc.
Start with filing under color of law abuses with the FBI and MAIL THEM OUT YOURSELF and pound theFBI to at the LEAST NOTIFY THEM and then research via AFRA--
http://familyrights.us/how_to/fight_cps.html
=========their library and search CASES . YES afra is for CPS but probate operates the same way and it's all unconstitutional. THE CONSTITUTIONAL VIOLATIONS ARE THE SAME.
Guardianship IS an unconstittional procedure and I BELIEVE WITHOUT DOUBT that greater then half NEVER HAD THIS CRAP thoroughly explained to them.
of course this mother CANNOT SEE HER OWN KID--THAT IS THE UNCONSTITUTIONAL LAW APPLIED AS SHE IS NOT THE GUARDIAN and the gUardian is permitted under unconstittional laws to MAKE THESE DECISIONS-it's NOT complicated--SHE IS NOT THE GUARDIAN-think this was explained to her ? the POWERS OF THE GUARDIAN ? THE RIGHTS OF THE GUARDIAN ? We'd ALL have broken the Olympic records for the sprint ,running AWAY SO FAST from this crap and screaming for the appropriate services in the LEAST RESTRICTIVE ENVIRONMENTin a demand UNDER OLMSTEAD.
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what crimes and charges EXIST resulting in barring her from visitations and contact ? NONE.
A convicted prisoner has more rights so maybe getting DISABLED RECLASSIFIED AS A CRIME WOULD HELP ?
PEOPLE !!!!! CLOSE DOWN THESE COURTS and this unconstittional procedure.
IT'S UP TO US TO GET THIS DONE AND SEE IT THROUGH.
aaaaaaaaand OH YEAH I AM FILING--i still have time as i NEED TO MAKE THIS WATERTIGHT and a one shot deal and am now starting to seek assistance SIMPLY FOR THE AMICUS BRIEF as these cowards WILL NOT GO NEAR THE UNCONSTITUTIONALITY of guardianship.
May the Almighty JUDGE THEM ALL for their sheer COWARDICE and avarice in REFUSING TO STEP UP AND ASSIST the fragile and frail exploited by this illegal system.
PLEASE RESEARCH AFRA and their library of cases --they spell it all out for the as yet uninitiated.
Tracy==YOU have to file on the federal level the violations on denial of rights --and violations of the ADA/olmstead if your brother is disabled.'these human rights ,civil rights etc do NOT give a damn about US and the misery caused.
EVEN IF the "deadline" for filing has passed,make the attempt STATING you JUST NOW WERE INFORMED that rights HAVE BEEN VIOLATED and the VIOLATIONS CONTINUE--file complaint under 42USC 1983 FROM both sides of it AS IN your BROTHER'S RIGHTS and then your's as most definitely you went through the probate court,right ? and all they are remains a kangaroo court as DUE PROCESS IS A CONSTITUTIONAL RIGHT when their usual proceedings are ongoing--removing property,etc=
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http://www.constitution.org/brief/forsythe_42-1983.htm
-----------THIS breaks it all down and spells it out almost to the point of being a fill in the blanks-- and hopefully the mod allows my other posting with the AFRA link--American Family Rights Association--search it out as the LAW IS THE LAW and the Constituion IS THE LAW.
there seems to be a real misunderstanding resulting from no truthful information getting out to those involved with these kangaroo courts and their probate system.
Folks ?if you're NOT the guardian and have the hostile type of guardian WHICH most of us get,you will not be involved in any aspects of care etc and remain uninformed of their status,present medications and whereabouts. It's all legal and legit under their unconstitutional laws WHICH the law makers and politicos are fully aware of as THEY authored them and got them passed.
Then we ALSO HAVE HIPAA which they ever so conveniently hide behind as well when applicable.
You're NOT THE GUARDIAN and being they have reached the age of majority,you have had NOTHING to say for a while anyway--parents ? think back a while and then you will get it as to WHY you never heard a thing on projected dates for discharge,medication changes while your disabled/delayed/psych historied sons and daghters were hospitalized. Sure the hospital contacted YOU asking for information and that's all they did--very rarely do THEY acknowledge assisted decision making and RESPECT the law abiding and responsible parenting or the same actions from another--so guardianship was NEVER NEEDED and comes as a SHOCK when we wind up in these illegal courts and wind up having our rights ended and as for our disabled ? good luck but that's how it works,it's not complicated--you're NOT the guardian.
Now whomever still believes that lobbying,petitioning etc WILL bring about CHANGE is truly insane as insanity IS doing the SAME THING over and over expecting a different outcome.
These laws are and WERE illegal ,all that ratified these standards and laws and rules are to be held accountable and SUED and when ENOUGH LAWSUITS BLEED THEM DRY ? you can be damn sure their standards and judgements will be changed real fast.--
no crimes ? NO INTERFERENCE ALLOWED.
tracy ? now yo can also affirm the same as many others,that these government agencies from the DOJ,the OCR,natitional disability rights and THE STATE disability rights UNDER THEIR UMBRELLA,the aclu on and on ARE NOTHING beyond FRAUDS THAT carefully screen out AUTHENTIC RIGHTS VIOLATIONS and get after moot points such as a narrow doorway etc. and leave the outright constitutional violations and VIOLATORS in safety .IF THEY DID THEIR FEDERALLY FUNDED JOB,these abuses would not be happening and the laws wold have been changed already.
anyway,being you mentioned retribution-file again under olmstead ADA violations 42 US code 12203---FILE FILE FILE and forget abot these bs agencies--all they deal with are wheelchairs and the mentally ill,developmentally delayed,autsitic ,fragile and frail elderly are USELESS TO THEM and this also incldes the OCR and the DOJ special investigative unit--they do nothing and can't even return calls or ACKNOWLEDGE CALLS REPORTING VIOLATIONS AND NEED FOR ASSISTANCE= as for my rampage on the well established LAW on access ? that's ALL THEY BRAG ABOUT-this has been ESTABLISHED and anyone could deal with it themselves simply by INFORMING the owner/landlord of the law or dropping a dime--WE ARE TALKING ABOUT SEVERE ABUSES and are totally ignored with these groups on the federal taxpayers dime and expense that HAVE STABLES OF LAWYERS-what do they do ? obviously nothing as the SAME LAWYERS,social workers, ad litems on and on are still out here collecting paychecks inspite of verifiable complaints and constitutional violations submitted to THEM. they should be investigated as well.
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