“The guardianship system must be repaired,” said Eric Brown, who is also a former Franklin County Probate Court judge. “In large counties with thousands of guardianships, such as Franklin, I’m not sure that the guardianship system can be fully and properly repaired through (judicial) rule-making authority alone.”
Some legislators agreed after reading the Dispatch series “Unguarded,” which reported last month that more than 65,000 Ohioans in guardianships are vulnerable to abuse and neglect because of a lack of state standards.
Unscrupulous lawyers are billing legal rates for non-legal work, for example. One filed a $300 bill for having cookies with a person in her care. Another billed people with dementia about $500 to $600 to buy them a token Christmas present and for time spent wrapping and delivering those presents.
Money-hungry relatives have lied on court documents about the condition of their children, parents or grandparents and have stolen from them, made easier because probate courts don’t check paperwork.
A guardianship is established by order of a probate court judge. A person appointed by the judge takes control of decision-making for the person declared incompetent, also known as a ward. A guardian can request the relationship without ever meeting the ward or speaking with family members.
Full Article & Source:
Ex-justice: Guardians need rules
New rules won't help. There are rules in place and they're not being enforced.
ReplyDeleteIt doesn't matter what the law is.
ReplyDeleteIn Virginia, our laws are a model for the nation.
Those very same greedy, unscrupulous lawyers make a mockery of the law, laughing all the way to the bank.
Having tried to stop this by going through all administrative and "human rights" and "oversight" agencies, by notifying the courts, and even by contacting each and every legislator, we have reached one inescapable conclusion: the only way things will change is if each and every one of these sleazy lawyers is reported to the Virginia State Bar, and if these guardianship programs are sued for their egregious, systematic violations of the law and of the substantive and procedural rights of the incapacitated people they supposedly "protect."
Sad, but true.
Thank you for lighting the fire, Columbus Dispatch!
ReplyDeleteEric Brown is a wise truthful and brave person with personal experience as a Probate Judge.
ReplyDeleteIt's all about the money and / or job security for public guardians - county and state guardians - who depend on a steady flow of cases.
Over billing has been a problem that is growing. Why? Those who are submitting billing are aware and learned how to use the system to their benefit.
Mr. Brown is describing our national problem that was exposed in Ohio thanks to the hard work and dedication of the Dispatch investigative reports. Thank you!
With special appreciation to the editors who approved the series for publication with ongoing articles on this newsworthy topic.
The reality is, there is a short list of media and press who have the courage, who will take this subject on.
The majority of news outlets run for their exit doors vs dig in to investigate the allegations of abuses submitted to them.