Ex-guardian Rebecca Fierle violated laws in handling of ward who died, state agency concludes

By Jeff Weiner

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.

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Ex-guardian Rebecca Fierle violated laws in handling of ward who died, state agency concludes