By Adrianna Iwasinski
DeLAND, Fla. - A Central Florida professional
guardian under a state criminal investigation failed to appear in a
Volusia County courtroom Monday afternoon for a case management
conference on seven guardianship cases she had filed in that county.
Instead, Rebecca Fierle's attorneys showed up and asked the judge
to order the proceedings to be closed to the public. Also in the
courtroom, were two investigators with the Florida Department of Law
Enforcement, which has launched a criminal investigation into Fierle.
Judge Margaret Hudson granted the motion, but not before ordering
that successor guardians needed to be placed in Fierle's three
guardianship cases where the people are still alive.
News 6 has spent two weeks trying to get Fierle to answer the
question of why she ordered do not resuscitate orders in cases in which
people wanted to live.
Time after time, News 6 went to Fierle's geriatric management
office in Orlando, to get results for the people who say they are her
victims.
Even those coming to visit the office, located on Hillcrest
Street, refused to talk or answer our questions about the investigation
ordered by Gov. Ron DeSantis.
The staff locked the door during each and every one of our
visits. So News 6 called the office, sent messages to Fierle's social
media accounts and called and emailed her attorneys multiple times. No
one ever returned our requests for comment.
News 6 also went to Fierle's home in Ocala to see if she was there. No one answered the door.
Last week, Fierle was in a Hillsborough County courtroom facing a
judge to answer questions about a guardianship she had in that county.
But she refused to answer any questions from a Tampa television
reporter when approached outside the courthouse after her hearing.
On July 12, News 6 talked with the daughter of Steven Stryker.
Her father's death is at the center of a state criminal investigation.
State investigators say Fierle placed a do not resuscitate order
on Steven Stryker, despite his wishes. He choked and died when the DNR
prevented hospital staff from performing life-saving measures.
"He didn't deserve this," Kim Stryker said from her home outside
Washington D.C. "He specifically expressed that he did not want to have a
DNR on his health records."
As a result of the state investigation, an Orange County judge
removed and revoked almost 100 do not resuscitate orders from cases
handled by Fierle, stating she abused her power.
A week later, Fierle resigned from more than 30 cases in Seminole County.
While Fierle did not attend the closed hearing, some of her former clients did.
"The can of worms is just opening up for her," said Jack Meagher, a former ward of Fierle's.
The Florida Department of Elder Affairs, and more specifically,
its Office of Public and Professional Guardians, is the group that is
supposed to train, appoint and monitor the more than 500 registered
guardians statewide. Three years ago, a law was passed, giving that
office the power to investigate complaints made against any of those
guardians and to partner with the courts to do so.
Under the statewide investigation alliance, the OPPG could refer a
case to an investigator with the inspector general's office or one of
the six court clerk's offices located across the state, which could then
issue written reprimands or letters of concern.
They also have the power to suspend or revoke a professional guardian's registration.
But OPPG Executive Director Carol Berkowitz submitted her letter
of resignation two weeks ago, just days after a state report revealed
guardian Fierle placed do not resuscitate orders against the wishes of
one of her wards.
The latest annual report
by the Office of Public and Professional Guardians says the office
received more than 140 legally sufficient complaints against registered
professional guardians in 2018, and about half that number in 2017.
In Fierle's case, the OPPG gave her a written reprimand twice
before. But her guardianship was kept in place until this month, when
she was removed and effectively resigned from all her cases.
On Friday, the head of the Department of Elder Affairs Richard
Prudom announced his department has made immediate administrative
changes to try to improve response times on complaints. He said he will
pursue legislative changes to ensure that neglect and abuse such as this
never occurs again.
At the same time the state was investigating, so was the Orange County comptroller's office.
"This whole guardianship system has been set up to protect
people," Phil Diamond, the Orange County comptroller said. "It protects
you if you are elderly and can't take care of yourself. It is supposed
to protect you if you are a minor and you can't take care of yourself
and that's the whole point of having guardians and our concern is that's
not what happened here."
Diamond said his office was asked by a court monitor with the 9th Circuit Court to step in and investigate.
He said his audit department reviewed 30 cases in one week and
discovered Fierle failed to provide receipts for reported work, failed
to report businesses she worked with that had familial ties
and failed to report to the court nearly 70 cases in which she was a guardian.
"What's disturbing is to see vulnerable people not taken care of
the way they should be," Diamond said. "There's a reason for all the
rules that are in place to protect people, and if the rules aren't being
followed, it means people could be taken advantage of. It means they
might not be taken care of and that really defeats the purpose of a
guardianship."
Full Article & Source:
Central Florida guardian is a no show in Volusia County court
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