Wednesday, August 19, 2020

Guardianship protections are inadequate

By Lorraine Mendiola

It is appalling that Susan Harris and her husband, Bill, formerly of Ayudando Guardians, failed to appear at their sentencing hearing in March.

Judge Martha Vázquez issued a bench warrant for their arrest, and they were captured in Oklahoma in April. They await sentencing for their crimes, accused of bilking clients of some $11 million. And the people whose money they took, and their families, still are waiting to see justice carried out — with little mention of restitution.

In New Mexico, vulnerable individuals under court-appointed guardians, in this case a corporation, lack adequate protection despite recent legislation being passed. Senate Bills 19 and 395, passed in 2018 and 2019, do not go far enough in protecting the rights of people.

Lengthening the annual report offers no accountability for the “protected person.” Providing a form for a family to file a grievance against a corporate guardian does little good — the judge who appointed the guardian decides the complaint.

There have been two recent cases in Las Cruces, another in Hatch and one in Santa Fe where a judge ordered what I believe were unwarranted guardianships. All four cases involved sizeable trusts. From my observations, these judges too often ignore the comments and supporting evidence of family members in regards to negligence, financial theft and other wrongs by corporate guardians. Yet it is the responsibility of these judges to ensure the safety and well-being of individuals who are placed under a court-ordered guardianship.

I believe judges who place individuals in situations where they are harmed by corporate guardians need to be held accountable. The judges should not be able to void wills, durable powers of attorney and other documents that should be binding. Judges should not be allowed to place “gag” orders on family members who report critical information during status hearings, either.

The courts do not monitor themselves, so there must be greater oversight by the attorney general, the governor, state legislators and state Supreme Court justices. Otherwise, the system — which I see as corrupt and failing to protect the vulnerable — will continue.

Lorraine Mendiola is a member of the New Mexico Family Guardianship/Conservatorship.

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Guardianship protections are inadequate

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