Saturday, October 4, 2014

How to Stop Guardianship Abuse: Hotline Monitors Palm Beach County

Palm Beach County in Florida has long been a haven for the wealthiest retirees. With some 22% of 1.6 million residents aged 65 and older, it’s no wonder the county clerk established a guardianship fraud unit three years ago.

“When the economy started going down in 2008, we expected to see an increase in criminal cases,” said Sharon Bock, who was elected clerk of the circuit court in 2004. “Instead, we noticed an uptick in guardianship and probate court filings.”

Currently, the county has 2,800 open guardianship cases on file, and between 2009 and 2012 there was a 15% increase year over year. That was a red flag for Bock given that Florida has more elderly residents than any other U.S. state.

“I hired a certified fraud examiner with an accounting background and he began reviewing how court appointed guardians were spending the ward’s money,” Bock told MainStreet.

Fraud Examiner Anthony Palmieri discovered guardians were spending money on Botox, cruises and even latex surgery for themselves.

“We’ve seen double and over billing of guardianship fees, flat out hiding of assets and the creation of joint accounts with the wards,” Palmieri told MainStreet.

More than half a billion dollars are in the hands of guardians in Palm Beach County, and surprisingly 75% of those guardians are family members or neighbors vs. 25% who are professional guardians or lawyers.

“We found out that in most cases family members lack the education and expertise to be a guardian,” Palmieri said. “In many cases, the annual accounting documents they filed were questionable as to whether they were filled out properly.”

The National Association to Stop Guardianship Abuse is weary, however, of courts that bring in a third-party guardian without a due process hearing to address alleged financial abuse by family members.

“Family theft is often used to rationalize the appointment of a third-party guardian, and yes, some family members do steal from their elderly relatives," said Elaine Renoire, president of the National Association to Stop Guardianship Abuse in Indiana. "However, it is also true that other family members are often pushed aside based solely on allegations or innuendos of theft without any formal police charges or proper investigation."

“We know these guardianship fraud programs are effective, because we’ve seen real results in Palm Beach County,” said Bock.

So far, the fraud unit’s investigations have led to two arrests and uncovered more than $3 million in questionable expenses and misreported assets.

Full Article and Source:
How to Stop Guardianship Abuse: Hotline Monitors Palm Beach County

See Also:
To Prevent Elder Abuse Families Need to Use Certified Guardians

Financial Abuse by Profiteering Heirs Awaits Boomers and Heirs

12 comments:

Thelma said...

The answer is in the hands of the legislators - no one else until they fix the law.

Dan said...

Family theft is 75% vs 25% professionals? What? What proof is there of this?

Clara said...

I am glad to see the third article from this reporter. And I hope people are reading and learning.

honeybear said...

Am I the only one who sees between the lines here? Looks like FL is trying to get rid of family guardians.

If this isn't a warning to the elderly, I don't know what is.

Martin S. said...

I live in Florida. I can't tell you how disappointed I am to see that the guardianship hotline is predisposed to consider families as thieves.

It's shocking.

Barbara said...

I am up in arms about the 75/25 statement too. Are they even looking at professional guardians? Remember Adam Walser's reports just a year or so ago?

All they have to do in hint that family is stealing and in comes the third-party guardian. And that's also when monitoring stops.

Florida resident said...

Gee, my blood pressure must be over the limit after reading that statement about the percentage of family vs guardian theft.

I live in Florida. I had great hope that things were getting better. Palm Beach and Pinellas County fraud units, I thought, were positive signs.

But obviously, they've got blinders on and they have joined in creating the perception that family is bad.

I wonder if Anthony Palmieri's family member had to be in a guardianship, who would he pick? A stranger or him?

Thank heavens NASGA exists.

Anonymous said...

I do not live in Florida but now I'm not even going to vacation there. This is scary. I don't know if FL is trying to get rid of family guardians but it looks that way Honeybear. What gets me is that Florida should be protecting the elderly not only because it is the right thing to do but because tourism will suffer if Florida does not.

FIREFLY said...

If family calls in a professional on the hotline, is the hotline taking action against that professional? Or is it the same old song, "it's a civil matter..........."

Bob said...

what? family members lack the education and expertise to be guardians? Do you need an eduction and expertise to know right from wrong? Do professionals not steal because they are professionals? Not according to the GAO reports and countless news articles!

Shelley said...

The 25% of professional steal a lot more than the 75% of family!

Dan, the article didn't say 75% of family are thieves. It said 75% of guardianships are family guardians. A simple misread.

Anonymous said...

Don't believe what you read about Mr. Palimieri. He's there to protect the professionals. He's there to shine the light on the small time operators and divert the attention and protect the real thieves like Catholic Charities along with Judge Diana Lewis who reviews his audits. Both are part of the Catholic racketeers controlling Clerk's office. If there is anybody out there whose family has been victimized by this professional guardian, please leave me a post and a way to get in touch.
"Truth has nothing to fear except to be hidden." Mr. Walking Wounded.