Since 1989, Florida’s clerks of the court have been directed by statute to audit guardianship reports and advise the court of their audit findings. However, these audits have been limited in scope, checking only for mathematical accuracy, timely filing and a reconciliation of disbursements to court orders.
Some suggest that Florida has already reached a breaking point for fraud in the state’s court-appointed guardianships, using descriptive words such as “profiteering” and “racketeering.”
The protection of our most vulnerable community members should be one of the highest priorities of public servants. And as keepers of the state’s court records and with the current duty to provide cursory review of annual guardianship reports, the clerks are the logical local governmental entity for uncovering waste, fraud and abuse in court-appointed guardianship cases.
With the passage of this legislation, we have taken a great first step toward more accountability and curbing abuse by those who would hold their own self-interests above the interests of those they are sworn to protect.
In addition to allowing for closer monitoring of guardians’ fiduciary and financial responsibilities to the ward, this legislation will allow clerks throughout Florida to create enhanced guardianship audits in their offices, thereby enhancing the courts’ oversight of guardianship cases.
The legislation also would further codify in statute the relationship between the clerks and the court.
We thank and congratulate Sen. Brandes on his advocacy and hard work this legislative session to pass this good bill, making Florida a leader in protecting its most vulnerable population by giving clerks the authority to implement a consistent and successful enhanced guardianship audit program in their counties.
Karen Rushing, Sarasota County’s clerk of court and comptroller, is the legislative chair for the Florida Court Clerks & Comptrollers.
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‘Great first step’ for more accountability in guardianships
It is inconceivable in this age of hi-tech, if we can send rockets to the moon, that we can't stop the people appointed by the courts to "protect" the wards, from bleeding them instead.
ReplyDeleteI guess I'm glad to hear this. Even after stealing my fiancée's home; plundering her her entire estate, kidnapping her, demonizing me with the police, charging countless thousands of dollars of her nest egg in bogus legal fees to acomplish this,when she wasn't even incapacitated,. I say this: I sure wish I could at least call or visit her. But they steal the human too! What can clerk of court do about that?
ReplyDeleteI agree that this is a great first step. So much needs to be done but this gets things rolling.
ReplyDeleteVERY important legislation. Requirement for annual fraud audits should also be incorporated.
ReplyDeleteThis is great! However too make a real difference in guardianship abuse in Florida there will need to be many more changes in the current system. We have to many that know what is going on in the corrupt system but won't stand up and speak up! The IG of Pinellas county, Fl even said in the June Pinellas Guardianship newsletter that the passage of this bill will not change anything!
ReplyDeleteFloridian's were told that a summer workshop was going to be going on to really make a difference. I hope Govern Rick Scott will step up and make much more happen to protect Florida Families from the corrupt courts! Judges, attorneys, guardians and the courts! Anyone who knows what is going on and is playing the game with them. Check out attorney Tom Tripp, Ed Culbertson, Gary Fernald, Richard Pearse, and many more. Follow their fees, the Judges that signed them and then check the Judges and their families bank accounts. Follow the money!
ReplyDeleteThe Clerk of Courts is part of the problem in my case. She went as far as putting the wrong case number on my documents so they could be hidden from anyone who would do an audit. We have great laws in my state, but no one follows them or enforces them. Oh, and the Clerk of Courts recently got a promotion.
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