Letters: State’s guardianship rules need overhaul

There is another facet of the guardianship muddle: Why professional guardians are necessary at all (“Who’s making sure guardians don’t prey on the vulnerable?”; editorial; Jan. 31). One very important reason: the substantial number of “family” guardians who financially and physically abuse their wards, resulting in the judicial system looking for effective alternatives.

Professional guardians can be that effective alternative. When I had a guardianship practice, I regularly spoke with relatives and friends of wards who were concerned about the predations of the family member appointed as guardian of the ward’s person (e.g., living arrangements, medical care) and property.

Although Florida’s guardianship code has many built-in checks and safeguards, circumvention is not difficult. Comprehensive financial reports are required, but only once a year. Prior court approval for certain transactions is required, but not for all.

There are many opportunities for mischief. Palm Beach County’s court clerk has a guardianship auditing program that annually nabs several million dollars in fraudulent activity by guardians. But what percentage of total misappropriation is caught? How thorough can a system be that requires judicial approval of myriad financial activities of a guardian, but provides funds for too few judges, clerks, auditors and judicial assistants?

Proposed legislation will create another layer of bureaucracy to fit amongst the current local and state layers of guardianship oversight. What about funding for that oversight? (Remember, we also have state and local agencies to protect children, but children continue to suffer and die from abuse.)

What Florida needs is a government that makes protection of our most vulnerable residents a higher priority than tax cuts for business.

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Letters: State’s guardianship rules need overhaul