Wednesday, May 21, 2014
Elderly, mentally ill and children trapped in broken court system
Thousands of Ohio’s most vulnerable residents are trapped in a system that was created to protect them but instead allows unscrupulous guardians to rob them of their freedom, dignity and money. Even judges who oversee the system acknowledge that it is broken, that it has ripped apart families, rendered the mentally ill voiceless, and left some elderly Ohioans dying penniless in nursing homes.
Anyone could end up in this system that currently controls the lives of 65,000 Ohioans, especially decisions about medical care and personal finances. And almost anyone can become a guardian — a loved one, a close friend, a stranger, even a felon.
One Columbus lawyer proudly proclaims that he likely is guardian of more wards than anyone in the country — about 400 people.
This system, which is supposed to look out for the health and well-being of the elderly, the mentally disabled and children, is directed by probate judges in 88 counties. And for lack of detailed guidelines from the state, the counties have 88 different ways of overseeing guardians and their wards.
The Ohio Supreme Court recognized the problems and assigned a committee nearly eight years ago to come up with rules. This year, the committee finally put forward a plan that falls far short of national standards and what advocates say is necessary to protect vulnerable Ohioans.
Meanwhile, probate court dockets are overloaded.
The courts also handle other family matters, such as adoptions, marriage licenses, wills and disputes over estates. And the demand for guardianships will grow as the number of people 65 or older in the U.S. doubles by 2050.
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Elderly, mentally ill and children trapped in broken court system
The whole system, all across the country, has become a danger to the family.
ReplyDeleteThis article says Ohio Supreme Court appointed a committee to come up with rules to protect the wards. Why don't they follow the National Guardianship Association code of ethics and standards of practice?
ReplyDeleteDitto for Virgina, times like a thousand.
ReplyDeleteHow many more innocent victims must die before we demand that our public officials do their JOB?
Here's your chance Ohio victims. A bright spotlight is on your state and that's a grand opening to start pursing legislation.
ReplyDeleteLet’s applaud the Columbus Dispatch for making this effort. And let’s hope the Dispatch does what is needed so that its effort makes the kind of difference which is needed to correct the abuse and neglect in this guardianship/probate system … let’s hope the Dispatch goes beyond exposing this neglect and abuse by investigating the reasons why Ohio's laws do not deter this abuse and neglect, and by helping the families of victims network so that they might collectively bear more pressure down on policy makers who neglect, and in some cases even obstruct, efforts to address these problems
ReplyDeleteBroken system is right but I would add broken by design.
ReplyDeleteWho gained? Who profited? At whose expense?
'Even judges who oversee the system acknowledge that it is broken, that it has ripped apart families, rendered the mentally ill voiceless, and left some elderly Ohioans dying penniless in nursing homes.'
Really? What a revelation judges who are in control of this broken down system. It's all about profit and jobs.
We're next folks I hope you're paying attention whether you live in Ohio, Wisconsin, Illinois, Florida, California, Texas, the list of states = 50 states it's the same pattern of operation with a few cases with just endings in a timely manner. Or be prepared to spend the next 5, 10 years of your lives battling the system with outrageous attorney fees that can very well bankrupt you and your family with no chance to recover, while at square one.
The simple action of filing a petition for guardianship automatically triggers an avalanche of court ordered hell.