Rebecca
Fierle, the former professional guardian currently under criminal
investigation, violated state laws and guidelines in her handling of
incapacitated clients, a state agency determined in late July, according
to public records released this week.
In
a pair of letters to Fierle dated July 29, four days after she resigned
from all cases statewide, the state’s Department of Elder Affairs wrote
that she had “failed persons served by guardianship and the families
who entrusted their loved ones to [her] care.”
Because Fierle is no longer a guardian, the agency doesn’t plan to take any action against her.
Among
those the agency found Fierle failed was Steven Stryker, the
75-year-old man who died in a Tampa hospital after staff said they were
prevented from attempting to save his life due to a “do not resuscitate”
order the Orlando guardian filed against his wishes.
In a letter concerning Fierle’s guardianship of Stryker, Elder Affairs found several violations:
- She violated state law by “not allowing persons who were determined to be incapacitated to be treated humanely, with dignity and respect, and to protect them against abuse, neglect, and exploration.”
- She violated another statute by “not acting within the scope of the authority granted by the court and as provided by law, and by not acting in good faith.”
- She broke with guardianship standards by “not knowing the extent of [her] powers and the limitations of authority granted ... by the Court" and “by withholding or withdrawing medical treatment against the Ward’s expressed wishes.”
- She also “failed to gather and document information and seek the court’s order or direction when the best interest of your business were in direct conflict with the ward’s wishes.”
“Your
conduct negatively impacted the integrity of the Florida Guardianship
System and you defamed good and ethical guardianship and the honest,
skilled, and compassionate public and professional guardians throughout
the state of Florida,” the agency wrote.
In
the second letter, Elder Affairs listed other violations, including
that Fierle had mishandled a ward’s special needs trust account and
purchased “large dollar amounts of gift cards” against the ward’s
interest. It was unclear which of Fierle’s hundreds of wards the letter
was concerning.
The letter also didn’t make clear what the gift cards were used for.
Elder
Affairs’ findings were based on investigations by the state’s Office of
Public and Professional Guardians, which handles complaints against
guardians. The agency was “unable to substantiate” allegations against
Fierle in three investigations it concluded after Stryker’s May 9 death,
records show.
“Your
conduct negatively impacted the integrity of the Florida Guardianship
System and you defamed good and ethical guardianship and the honest,
skilled, and compassionate public and professional guardians throughout
the state of Florida,” the agency wrote.
The
investigations by OPPG are separate from criminal probes of Fierle
currently being conducted by the Florida Department of Law Enforcement
and the state’s Office of Attorney General.
“During
the course of the investigation, your state registration was
voluntarily revoked, which is tantamount to a permanent revocation. You
are no longer registered as a professional guardian, therefore, the OPPG
considers this administrative matter closed,” the late-July letters
said.
The
scandal surrounding the Orlando-based guardian, which has embroiled the
state’s guardianship system and led officials including Gov. Ron
DeSantis to promise changes, began with an investigation into Stryker’s
death by the Okaloosa County Clerk of Circuit Court and Comptroller.
That
agency, which was investigating on the behalf of OPPG as part of the
Clerks’ Statewide Investigations of Professional Guardians Alliance,
found Fierle violated standards requiring wards to be “treated humanely,
with dignity and respect, and to be protected against abuse.”
The
agency also cited criminal statutes, including aggravated manslaughter
of an elderly person or disabled adult and neglect of an elderly person
or disabled adult.
Fierle is not currently facing any criminal charges.
She and an attorney representing her did not immediately respond to a request for comment.
Full Article & Source:
Ex-guardian Rebecca Fierle violated laws in handling of ward who died, state agency concludes
2 comments:
The loopholes are right there for a potential criminal to take advantage and exploit. Tragic.
She is a criminal and should be charged as one. She has caused harm and hardships to many many of her clients. She would ignore phone calls. Made payments for utilities late and at times allowed them to be turned off. She went and made life and death decisions without court approval. She needs lots and lots of jail time.
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