The South Florida advocacy group that pushed lawmakers to pass
current reforms in adult guardianship asked its membership about their
legal experiences. The finding gives a snapshot of a very broken system
that is very lucrative for a handful of professionals and their
attorneys.
The foremost finding of survey is that in more than three-quarters of
cases judges ignored advanced directives of seniors and instead
appointed a professional guardian, thus rendering carefully planned
living wills moot.
Retired Hollywood physician Sam Sugar, who co-founded Americans Against Abusive Probate Guardianship, said the survey went out to 285 members and that he received 67 responses from throughout the country.
His group says many professional guardians appointed to oversee the lives of incapacitated adults – a majority of them seniors with dementia – often take financial advantage of these vulnerable citizens and work with attorneys to drain assets and property. As plenary guardians they have complete control over their assets.
In the meantime, the family of these so-called wards find themselves
powerless because judges are often complicit and allow the ransacking of
the senior’s life savings. The problems in adult guardianship can be
found nationwide as more baby boomers live longer their heirs and are
more vulnerable to dementia and other degenerative diseases.
The Palm Beach Post in its series, Guardianships: A Broken Trust,
revealed the incestuous nature of guardianship and how money from the
savings of incapacitated seniors flowed into the household of Circuit
Judge Martin Colin through his wife, professional guardian Elizabeth
“Betsy” Savitt.
Palm Beach County Chief Circuit Judge Jeffrey Colbath — in a series
of reforms announced in the wake of the series — transferred Judge
Colin out of the Probate & Guardianship Division. Colin announced
his retirement.
His wife’s cases were all moved to the North County Courthouse to
prevent an appearance of favoritism by Colin’s closest colleagues but
she continues to operate. (Continue Reading)
Full Article & Source:
Survey: Living wills of Incapacitated seniors ignored in guardianship
3 comments:
Who is ignoring the living wills? The court or the attorney who is supposed to be jealously defending the documents?
It happens in many guardianships Barney.
It is appalling that a person's durable power of attorney can be so easily trampled on by the system.
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