Monday, October 8, 2018

From AARP: What Happens When a Guardianship Gets Contentious

by Kenneth Miller:
Larry Davis tried his best to help his stepmother, but distance made it difficult. Davis lived with his wife in Sonoma County, Calif.; Kise (pronounced KEEˇ-say) Davis lived in Las Cruces, N.M., 1,200 miles away. She was struggling with dementia, and Larry, who held power of attorney over her affairs, spoke with her regularly, kept tabs on her via local contacts and visited as often as he could. He was working toward moving her to an assisted living facility near his home.

That began to seem more urgent in the fall of 2016, when Kise, then 85, began complaining that a longtime acquaintance, Larry Franco — a handyman who helped her with household tasks — was stealing from her. But Kise’s illness sometimes made her paranoid; she’d lodged such accusations against friends before. Larry, who was 74, planned to fly out and investigate after the holidays. Then, shortly before Christmas, he came home from a shopping trip to learn that Kise had gone missing.

“This is Kise’s neighbor Donnie,” said the voice on the answering machine. “I thought you should know that a van just came and took her to some kind of institution.”

Terrified that harm had come to Kise, Larry called Franco and demanded to know what was going on. “I got in over my head,” Franco told him. He explained that Kise had transferred her power of attorney (POA) to him, then turned suspicious and hostile. Franco’s lawyer had advised him that the best way to ensure Kise was properly cared for was to petition a judge to appoint a professional guardian, who would take over legal responsibility for her well-being.

Kise’s newly appointed guardian, a company called Advocate Services of Las Cruces, had placed her in a dementia-care facility by order of the court. It took Larry more than a week to reach her there. When they finally spoke, on Christmas Eve, she seemed to believe she’d booked herself a room, though now they wouldn’t let her go.

Larry was furious that no one had informed him before letting strangers lock her away, but he assumed he could quickly set things right.

He was wrong.

Full Article and Source:
What Happens When a Guardianship Gets Contentious

See Also:
NASGA: Power of Attorney


Betty said...

I am so thankful for this article which clearly explains what happens in the Davis family and how the system harmed Kise. Thank you AARP.

Carolyn Anderson said...

Happy to see AARP reporting again on issues which really matter to the elderly. Hooray!

Steve said...

Great story. Very well done and horrifying.

Anonymous said...

Praying for this family to always be together now.

Finny said...

Thank you AARP and NASGA!

Anonymous said...

attorneys jointed together to received over $333,000 within 6 months attorney fees without court orders.
Attorneys need to joint to cover each other Motion, pleading, and other court papers.
That was what happened to me. My elder brother kept writing checks to attorneys without court order.
The FACT: no court appointed guardianship. It was created to look like one. While I am taking care my mother these attorneys were looting her financial assets by telling my elder brother there is guardianship. These attorneys sending fake court orders to financial institutions for my elder brother to put accounts under his name and the attorney sent him bills and he paid them without my knowledge, my mother's knowledge, and my younger brother's knowledge!
The only bills that was paid was attorney fees.
I cannot stop the court hearings after my mother's death. It was the same court order over and over again.
When I complaint: file false statement and have me arrested. Public Defender tried to have me sign consent to guilt. These attorneys still looting my Trust accounts.
The court should have stop these attorneys long time ago but why did they?

Elaine Renoire said...

We're so sorry, Anonymous. It seems when guardianship goes bad, it just keeps on getting worse. I hope you have other family and friends to support you and help you get through this.

We also hope you'll join NASGA and become a voice for reform. We all have to work together for change -- and not give up until we get it: