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. Full Article & Source:
Guardianship protections are inadequate
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