Commissioners defend Berks Area Agency on Aging on guardianship

Commissioners Chairman Christian Y. Leinbach

By Nicole C. Brambila

Reading, PA —The Berks County commissioners this week defended the work of the Berks County Area Agency on Aging following a three-day series in the Reading Eagle that examined deficiencies in the system of appointing guardians who oversee incapacitated people.

Begun 15 months ago, the special report reviewed court dockets in three counties, including Berks.

Commissioners Chairman Christian Y. Leinbach took aim at one of the report's significant findings: Berks Aging favors the appointment of professionals who charge for services over family members.

In 92 percent of the 2016 cases reviewed in which the agency petitioned the court, a professional guardian was recommended and appointed. The dockets in 53 percent of these cases identified family living in Pennsylvania.

"Third-party guardians are only called upon to assist (many times on essentially a pro bono basis) where the incapacitated person either does not have family that is willing or able to serve or an investigation has revealed that the family member poses a risk to the older adult," Leinbach, who is in Washington, D.C., for a legislative conference, said in an email to the newspaper.

Leinbach added, "Even where a guardian is recommended, Aging and the guardian works with families to the fullest extent possible."

He also touted the low prevalence of guardianship petitions, in proportion to the number of abuse reports the agency receives: 33 filings in fiscal year 2016-2017 out of the 242 substantiated reports, or 13 percent.

Roughly one in four complaints investigated by Berks Aging in the 2016-2017 fiscal year were substantiated. During that same time, Leinbach said, Berks Aging filed petitions for guardianship 33 times, or in 13.6 percent of the cases.

"The statistics show that Aging only turns to guardianship in very rare circumstances and only as a last resort," Leinbach said.

Commissioner Kevin S. Barnhardt agreed, saying of the decision to file for guardianship, "I don't think they take it lightly."

Guardianship is the legal process of removing the civil rights from an adult who is ruled incapacitated and appointing a person or agency to make decisions about the individual's health care, living arrangements, money and more.

While guardianship has always raised civil liberty issues, it's now a growing concern with an aging population and the expected wave of patients with dementia, the most common justification for a guardianship.

While those with oversight of Berks Aging downplayed the newspaper's findings, the investigation resonated with readers.

The Eagle fielded nearly 20 responses by email and telephone in addition to a dozen comments posted below the story online.

Dave Baseley summed up much of the feedback with his online comment: "This is excellent journalism! Well done, and kudos to everyone who contributed to this series."

Others, such as Cindy Hamm in Sinking Spring, said she was concerned about family rights, particularly when a power of attorney is invoked.

"My wishes are known, and I would like them carried out," said Hamm, noting the breadth of power that comes with a guardianship appointment to strangers.

The newspaper review of 2016 dockets found four cases in which the incapacitated adult had a power of attorney and was appointed a guardian.

Ed Michalik, Berks Aging executive director, and Commissioner Mark C. Scott did not respond to Reading Eagle inquiries seeking comment.

Berks President Judge Thomas G. Parisi, said, before the series ran, that he was unaware of the prevalence of professional guardian appointments.

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Commissioners defend Berks Area Agency on Aging on guardianship