How to Fix America's Broken Guardianship System

A talk with investigative reporter Diane Dimond, whose book 'We’re Here to Help' explains why guardianships go wrong, as they often do

By Richard Eisenberg

The stories of Britney Spears and Michael Oher of "The Blind Side" put the problems of guardianship (sometimes called conservatorship) in America on the front page. But in her new exposé book, "We're Here to Help," investigative reporter Diane Dimond reveals that guardianship of older adults — when a court appoints someone to manage a ward's financial affairs and sometimes their lives — is often, sadly, truly scandalous.

"Guardianship lobbyists, nursing home lobbyists, there's a whole predatory group of people who don't want the system to change because they're making lots of money within it."

"When I first heard about guardianship, it was brand new to me and intrigued me: What am I hearing about that takes away people's civil rights and takes over their life and their finances? I really didn't think that could happen in America," she told me.

After she started trying to dig into a case of a friend's father in guardianship but couldn't glean much because the system is so secretive — hearings behind closed doors, gag orders for family members — Dimond grew curious and incensed.

Guardianship Exploitation

She then wrote a newspaper article about a case of guardianship exploitation in Pennsylvania. "Then my email box and telephone blew up with people calling and writing me from all over the country saying: 'Please, please come and cover my brother's, father's, mother's, sister's story.' So, I just started collecting cases."

Eight years later, Dimond has written a heartbreaking and infuriating look into what she calls "when guardianship goes wrong." I spoke with her about what she learned and what she believes could fix the problems. (This interview is condensed.)

Next Avenue: How would you describe the state of guardianship and conservatorship in America today?

Diane Dimond: It's hard to quantify the exploitation rate of guardianship because nobody keeps track of it. We keep track of missing children. We keep track of how many vehicles there are in America. But we don't keep track of wards of the court.

Guardianship can be a very good thing for vulnerable people when a loving, trusted family member or friend is named as the guardian. But more and more, I've discovered, the judge doesn't pick a family member or a trusted friend to be the guardian. He or she picks a for-profit, professional guardian who can charge up to $600 an hour and hire as many other people as they want to take care of the ward.

You can see how quickly a bank account would be depleted at that rate.

A 'Criminal Enterprise'

You say in many instances guardianship can become a 'criminal enterprise' targeting vulnerable people. Right?

I do believe there is an element of organized crime within the guardianship system. I know that sounds a little harsh, but I discovered over years of investigating thousands of cases that the lawyers, guardians, conservators, nursing home operators, hospitals and real estate agents — everybody who has a vested interest and awards property and money — operate within this cocoon.

They're not accountable to anyone but the judge.

Frankly, our judges don't realize the degradation, the exploitation, the physical and emotional horror that some of these people go through.

What's preventing the system from being fixed? It feels like it hasn't gotten better and has probably gotten worse.

I do think it's probably gotten worse and will get even worse as the aging of America goes on.

Why doesn't it change? Guardianship lobbyists, nursing home lobbyists, there's a whole predatory group of people who don't want the system to change because they're making lots of money within it.

So, many lobbyists are out there knocking on the doors of state lawmakers saying, "Don't change it. It's just fine. We're protecting these people. We are here to help." When, really, they're not there to help at all. They're there to fill their own pockets.

How do families sometimes bring about bad guardianship situations?

There are bad family members, greedy family members, abusive — physically, emotionally, even sexually abusive — family members who become guardians of their at-risk loved ones. Those are among the most painful cases that I studied.

Guardianships frequently start because the family cannot come to a consensus about what to do with a loved one who needs assistance. And there's greed, alcoholism and drug abuse involving children who defraud their parents, go to the bank and take out all their money and disappear.

More and more, judges are determining that if a case comes into their courtroom, the family must be dysfunctional. And so, they think they must, for the sake of the ward, appoint a professional guardian.

Loose Standards for Guardians

What's the problem with professional guardians?

There are a lot of very good, compassionate, truly wonderful guardians. But there are also people who got a certification in the mail saying they're certified to be a guardian without training in elder medicine or family dynamics or finances or any of those things that they should be drawing upon to take control of another person's life.

In many states, you can just be 18 and a high school graduate and you can be a guardian. Convicted felons have become guardians.

Conniving guardians play all the angles to try to get all the money they can — not just out of the ward, but out of the sale of their house, the sale of their car or their collectibles, their heirlooms. And then, when all of the money is gone, they go back to the judge and say, 'Your Honor, she's out of money. I really need to sell the house.'

When a family member sees a big problem, why aren't they able to go to the judge and prove that the guardian or the lawyers are doing nefarious things and get that to stop?

The judge in many instances appointed that guardian and judges have been known to tell family members, 'You can't speak. You'll have to hire a lawyer to speak for you.' Well, many of these families can't afford a lawyer.

Why is the guardianship system state-run and not federal?

The United States Congress has known about these problems since the 1970s, and that it's a predatory, systemically corrupt system. They have done nothing to regulate it or to make a federal law to supersede the state laws.

They have these heartfelt hearings on Capitol Hill, and nothing gets done.

Do you see a role for the U.S. Department of Justice?

Absolutely! The Department of Justice investigates police departments for civil rights violations and makes recommendations on how to fix the departments. Why can't that same scrutiny be given to guardianship?

The Department of Justice has been sitting on its hands for too many decades while this system devolved into the mess we have today.

How Congress Could Help

What would you like to see Congress do?

It would be nice if there was a federal law that mandated punishment for people who exploit, defraud or physically abuse a ward of the court. I would like to see a federal law that mandates prison time for guardians that are found grossly negligent.

It's just unbelievable what guardians are allowing to happen.

How well are states doing to reform guardianship?

A lot of states are considering reform bills and patting themselves on the back, saying they're going to fix this system. To me, they're putting a Band-Aid on a big, wide-open bleeding wound.

What they really need to do is make it not so easy to start a guardianship and make a time limit for a guardianship, so once every year or two, a judge or a panel would have to go back and say: 'Is this guardianship really needed?'

Have any states done anything that has impressed you and you'd like to see replicated?

Minnesota passed a Bill of Rights for Guardianship Wards and that really heartens me because the state has recognized that the civil rights of all Americans matter. I think that's where real reform has got to start.

Prioritizing Reforms

What are the biggest problems in the guardianship system you'd like to see fixed?

Number one: Make it harder to put someone into guardianship. The ease with which a guardianship can be started is just mind-boggling.

Number two: Change state laws so judges will consider less restrictive situations. Mandate that at least two outside professionals have to interview the targeted person, and both have to agree that there is a real need for a strict guardianship.

Otherwise, let's have supported decision-making programs where volunteers help elderly people or people with disabilities manage their finances or with their shopping or just their daily routines.

Supported Decision Making

How does supported decision making work?

Supported decision making employs a state-funded staff with volunteers that help at-risk people make good decisions. A lot of these people are not incapacitated, they just need a little bit of help.

Is supported decision-making working?

States that have supported decision-making laws often suggest to the judge that they choose this method instead of a full guardianship. But going with guardianship is much easier and faster, so judges often say: 'Let's just go for guardianship for now.'

What about elder caring coordination, where judges appoint neutral professionals to deal with high levels of family conflict?

I like that idea, but it's not in many places right now.

Advice for Family Members

What advice do you have for families who might be considering finding a guardian or conservator for their loved one but aren't sure how to do it or whether they should?

If the family is squabbling about what to do, I would not go to an elder law attorney or an estate lawyer first. I would go to family mediation and include the ward.

If you do consult a lawyer and their first reaction is, 'Let's go for guardianship,' tread lightly. Don't sign any papers right away. Have a family conference. Understand that there is an underground industry at play that you might just get sucked into.

Do everything you can to keep the guardianship system out of your loved one's life. If that means hiring a granddaughter to come in and take care of the person three days a week, try that first. Because if you go the legal route, chances are it's a slippery slope down to a very strict, isolating, full guardianship. And from that, there is little escape.

Do you think the guardianship system will change?

I think we're going to see some significant movement in the next 10 years. But I can't imagine how many more victims of predatory bad actors we're going to have in that time.

Full Article & Source:
How to Fix America's Broken Guardianship System

2 years after patient dies with high levels of drugs, family still unable to get answers

Jimmy Johnston spent a year in the hospital under Baker Act and guardianship

In January of 2022, the ABC Action News I-Team reported how Jimmy Johnston was involuntarily committed, placed in guardianship and spent more than a year in Morton Plant Hospital as his family fought to get him out. He died in the hospital, and a toxicology report showed high levels of drugs were in his system when he passed. Since then, I-Team investigator Adam Walser has been following his family’s ongoing search for answers and accountability.

By: Adam Walser

CLEARWATER, Fla. — In January of 2022, the ABC Action News I-Team reported how Jimmy Johnston was involuntarily committed, placed in guardianship and spent more than a year in Morton Plant Hospital as his family fought to get him out.

He died in the hospital, and a toxicology report showed high levels of drugs were in his system when he passed.

Since then, I-Team investigator Adam Walser has been following his family’s ongoing search for answers and accountability.

“You can imagine the sadness here”

“The first thing I did was call Clearwater police,” said Kathleen Johnston, writing with a marker on a poster board.

She documented the many twists and turns in her family’s search for answers about her brother Jimmy Johnston’s death.

“This is just a small sample of the papers and the hoops we’ve been going through to get some justice for Jimmy,” Kathleen said, pointing to files of documents related to contacts she had with local and state governments.

Jimmy, a U.S. Navy veteran who struggled with schizophrenia, died alone after spending a year in Morton Plant Hospital while his family fought in court for his release.

“You can imagine the sadness here of us having to do this,” Kathleen said.

Kathleen’s sister Patty and brother Tommy share in the sadness.

The siblings all live in Indiana and can’t sue the hospital because Jimmy didn’t have a wife or any children.

“That’s not the issue. The issue is, why did they do this to him?” said Tommy.

Kathleen has used her professional skills to try to come up with answers.

She is the founding director of an investigative journalism center at Indiana University.

“I was a senior investigative producer for CNN, I worked at CBS News, I worked in newspapers. I’ve had a long career in this business,” she said. “The system is not working.”

A year in the hospital under a Baker Act and guardianship

 Jimmy and his sisters signed a form at Morton Plant Hospital in January 2020 designating Kathleen and Patty, his healthcare surrogates, to make decisions if he couldn’t.

“They insisted that we sign it,” Patty Johnston said.

But when Jimmy returned to Morton Plant for a mental health episode three months later, the hospital went to court without contacting his family and had him involuntarily committed for six months under Florida’s Baker Act, saying “the patient requires a highly structured setting for safety and cannot be maintained safely outside of a hospital setting."

A lawyer working for the hospital then obtained guardianship without informing the judge that Jimmy’s sisters were his surrogates.

A guardian paid by the hospital was put in complete control of his care.

Kathleen hired a lawyer, went to court and was eventually appointed his guardian, but Jimmy's doctors refused to release him.

“I’ve helped people all my life in my career, and I couldn’t save my own little brother’s life. It’s gut-wrenching, it’s gut-wrenching,” Kathleen said.
 
Toxicology report shows high levels of drugs

Jimmy died on March 21, 2021, three days before a hearing to determine if his family could move him out. His death certificate listed natural causes.

But a toxicology report from a private autopsy his family paid for raised concerns about the level of drugs in his body.

“The cause of death of this gentleman is most probably a result of overdoses of medicine as obtained in the toxicology report,” Kathleen read from the private autopsy report.

Forensic psychiatrist Dr. Craig Beach reviewed the findings for the I-Team.

“The Clozapine level was around 20 times higher than the upper limit of that usual blood level range for Clozapine. And the Haloperidol level was around 50 times higher,” Beach said.

A hospital spokesperson said in an email, “While we cannot comment directly on any patient’s toxicology results, we do know that blood levels for some pharmaceuticals are significantly higher when drawn postmortem.”

“Those levels aren’t normal. There’s no way to pretend that they are,” Beach said.

“The only place he was getting the drugs was the hospital. They were administering it to him,” Tommy Johnston said.

Kathleen sent the autopsy and toxicology reports to multiple local and state agencies, but none followed up with the pathologist.
 
“Not the health department, not the prosecutor, not the police,” Kathleen said.

State agencies don’t provide answers

The Agency for Healthcare Administration, which oversees hospital safety in Florida, investigated 16 months after receiving the complaint and closed the case after a single visit.

“At the time of the inspection, they did not find the facility was violating any laws,” Kathleen read from a letter in which AHCA closed the case.

Kathleen filed complaints with the Florida Board of Medicine.

“They lost one of the complaints against one of the doctors,” Kathleen said.

Then there was another issue.

“They said the expert is unable to read the records because the hospital sent them over jumbled,” Kathleen said.

Jimmy had more than 24,000 medical records at the time of his death.

A hospital spokesperson denies that there was a problem with how they were turned over to the board, saying in a statement, “The hospital turned over a single digital file with records in chronological order.”

In a closed meeting, a committee heard the case and found the doctors did not violate standards of care.

“It’s closed door. I can’t be in there,” Kathleen said.

“Somebody needs to be accountable”

A Clearwater Police spokesperson told us the investigator Kathleen spoke with had died, and they couldn’t locate records on the case.

Kathleen sent all the records she had to Assistant State’s Attorney Rene Bauer, including autopsy report, the toxicology report and a 1,500 page abstract she obtained from the hospital after a legal battle.

“She said I’ve decided with the evidence I have, there’s not a crime here,” Kathleen said.

Bauer told the I-Team she thoroughly reviewed the documents, but there was not enough evidence to prove to a jury that a crime had been committed and who was responsible.

Jimmy’s siblings said they’re not giving up.

“Somebody needs to be accountable,” Tommy said.

We contacted the Florida Board of Medicine and AHCA about their investigations but did not receive any additional information.

The family has also contacted federal agencies, who they say are looking into different aspects of the case.

They contacted Indiana Sen. Mike Braun's office and he brought Jimmy's story to the floor of a U.S. Senate committee hearing about problems with court-ordered guardianship earlier this year.

"I heard from the sister of Navy veteran Jimmy Johnston who said that a court ordered guardianship ultimately led to her brother’s death," Braun said.

"After Jimmy’s death, his family received a hospital bill of nearly $1.2 million. Nearly all of it was billed to Medicare. That’s unacceptable," he said.

If you have a story you think the I-Team should investigate, email  adam@abcactionnews.com

Full Article & Source:
2 years after patient dies with high levels of drugs, family still unable to get answers

Circling the alleged ‘claims sharks': Veterans' lawsuit accuses disability claims consultant of breaking federal law

The lawsuit also accuses the company of practicing law without a license

By Lucy Bustamante, Noreen O'Donnell and Lucia Walinchus

U.S. war veterans filed a class action lawsuit alleging that the help they received to file federal disability benefits is part of an illegal predatory business, according to one of their lawyers.

The two veterans accused Veterans Guardian VA Claim Consulting, LLC, of Pinehurst, North Carolina, of being a “claims shark” that charged them fees beyond what is permitted by federal law.

Their lawsuit, filed on Aug. 23, also accuses Veterans Guardian of practicing law without a license. The veterans alleged that the company provided verbal or written discussions of legal issues and procedures, even as it acknowledged that it was not a law firm, did not have a lawyer on staff and was not licensed to practice law.

“As soon as you go on the internet and Google for VA disability increase what's really going to jump out at you is the breadth of the volume of these claim sharks,” said Jon D. Pels of The Pels Law Firm of Bethesda, Maryland. 

The veterans are asking that their legal action be certified as a class action lawsuit covering the thousands of veterans who were Veterans Guardian clients.

One of the largest parts of the federal discretionary budget, funding for the Department of Veterans Affairs ballooned in recent years from $201.4 billion in 2019 to $308.5 billion in 2023. In 2024 the agency asked for $325.1 billion, a 61% increase from five years prior. With the growth in the budget has come the growth of so-called “claim sharks,” companies charging more than lawyers and others are legally allowed to charge for preparing the same documents, and who do not complete the VA’s legally required training.

The companies maintain that they are legally providing education services, and that their veteran customers are paying to learn how to fill out their forms.

“We believe the recent litigation contains false accusations and we are confident that we will be vindicated by a court ruling,” Veterans Guardian said in a statement to NBC.

“In the meantime, we remain dedicated to providing valuable services to the veteran community and continue to advocate for meaningful VA accreditation reform in Congress that confirms veterans’ right to select the assistance they want in submitting benefit claims while holding bad actors accountable and providing guardrails to protect veterans from those with negative intentions,” it said.

Fees beyond what's allowed

Abigayle Patterson, an Army veteran living in El Paso, Texas, and Navy veteran Brian Otters of Southaven, Mississippi, say they got assistance from Veterans Guardian to successfully revise their disability assessment by the Department of Veterans Affairs.

The company estimated that Patterson’s disability rating increased from 60% to 80%, resulting in an additional $664.40 in her monthly payments. Otters’ increased from 70% to 90%, and his payments rose by $599.33.

Both were billed five times the increase for consulting. That came to a total of $2,988 for Patterson, taking into account a 10% discount for a lump sum payment, and $2,990 for Otters, to be paid in five monthly installments.

Veterans Guardian is not accredited by the VA as required to provide veterans with assistance filing applications for disability benefits, the lawsuit says. The fees charged were above what the VA allows accredited individuals.

“They say two different things,” said Pels, who is representing Patterson. 

“They say, one, Veterans Guardian does not assist a client in the preparation, presentation and prosecution of claims for VA benefits. That's not true. That's false. They clearly assist the client, the disabled veteran. The reason they put that in there is because they say, therefore, we're not bound by the the rules that protect all the other veterans who use accredited attorneys.” 

“In another document, they then say, ‘Our team can assist with the process of developing appropriate evidence for your claim.’” Pels said. “So on one document, they say they're not assisting,”  “On the very next document, they say they can assist.”

In a response posted on its website, Veterans Guardian maintains that the attorneys who filed the lawsuit are benefitting from a broken VA and a clogged benefits system.

“Contrary to the baseless claims of wrongdoing, Veterans Guardian provides ethical and transparent assistance that veterans can choose to use to obtain benefits to which they are entitled, but often have difficulty accessing through other available means due to a complicated and bureaucratic process,” the company said on its website. “The named plaintiffs in the suit received an increase in their benefits by choosing to hire Veterans Guardian to help them.”

Today, the VA and other federal agencies are limited in their ability to enforce the law as Congress took away penalties for unaccredited assistance in 2004. Four representatives in the U.S. House have introduced bipartisan legislation to reinstate criminal penalties for unaccredited representatives who charge unauthorized fees while helping veterans file a claim.

“Unfortunately, unaccredited, for-profit companies are scamming veterans of their earned benefits under the guise of helping them, and they must be stopped and held accountable,” Rep. Chris Pappas, Democrat of New Hampshire, said in a statement in February introducing the legislation.

According to the Bureau of Labor Statistics in August 2022, 4.9 million veterans had a service-connected disability. That is 27% of all veterans.

The number of veterans making claims has surged with the passage of the PACT Act, or Promise to Address Comprehensive Toxics Act.

Signed into law in the summer of 2022, the PACT Act expands VA health care and benefits to cover exposure to toxic substances such as Agent Orange and from open-air burn pits used mostly in Afghanistan and Iraq to dispose of everything from trash to munitions and human waste, according to the American Cancer Society. The pits were typically lit by jet fuel.

A year after its passage, the VA said it had distributed more than $1.85 billion in benefits to veterans and their survivors. It had processed 1.65 million claims in the fiscal year, among them 458,659 PACT Act claims. That’s 16% more year-to-date than the previous all-time high, according to the VA.

“For too long, heinous actors have taken advantage of and preyed upon veterans in need of assistance, without consequences, and this practice must end,” Republican Rep. Brian Fitzpatrick of Pennsylvania said.

At the local level, New Jersey passed legislation last month establishing standard requirements that must be followed by anyone being paid for providing assistance or advice on veterans' benefits. The law provides for penalties for violations.

Trauma nurse in Baghdad

Patterson and Otters’ lawsuit, filed in Superior Court of North Carolina in Moore County, accuses Veterans Guardian of charging veterans millions of dollars in fees that are “far in excess of what accredited service providers are authorized to charge by the VA.”

A captain in the Army, Patterson served in Baghdad’s Green Zone as an emergency room trauma nurse at the Ibn Sina Hospital.

A friend and roommate, Captain Maria Ortiz, was killed when the Green Zone was attacked in 2008. Patterson was 27 at the time.

Today she is a nurse practitioner in El Paso and works as a third-party contractor for the VA as a VA disability examiner.

Patterson told NBC through her lawyer that she filed her own disability claim before she left military service. She said she has a variety of service-connected conditions but did not specify what they were.

She found out about Veterans Guardian through another veteran whom she knew. At first she had no plans to sue, she said, but was disappointed in its practices. As she learned more, she realized Veterans Guardian was a predatory company, she said.

“I was stationed overseas and was unaware that there was anyone that could assist me with the process,” she wrote.

The lawsuit alleges that Veterans Guardian tries to disguise the services it provides to bypass VA regulations. Its officers — Scott Chaim Greenblatt, who served for 25 years in the U.S. Army, and William Cooper Taylor, Jr., an officer for 23 years with the U.S. Army — are aware that charging veterans fees to assist in submitting claims by unaccredited organizations is illegal and “so contort the language on their website to make it seem that they are not assisting veterans charging illegal fees,” the lawsuit says.

According to its website, Veterans Guardian can: “make recommendations based on your specific medical history,” “validate” and/or “support your claim,” “identify a list of potential conditions you may not have known about or have been underrated for,” “develop and assemble all of the evidence to support your claim,” including “developing the right medical evidence to support your disability benefits,” “help with documentation,” and “strengthen your claim” by “gather[ing] and present[ing] the information and evidence needed for the VA to make a favorable claim decision.”

The lawsuit notes that in “cease and desist” letters sent by the VA to companies like Veterans Guardian, it states: “[I]t appears that you may be attempting to draw a legal distinction between providing advice to veterans about the information needed to substantiate their claims and filing the claim under your own name. However, this is a distinction without a difference as both types of work are considered to be in furtherance of the preparation and presentation of VA benefit claims, and thus, prohibited without first achieving VA accreditation.”

Pels said he believed a half dozen to a dozen cease and desist letters had been sent to Veterans Guardians and to almost every other company that qualifies as a claims shark.

“There have been all kinds of administrative rulings expressly saying, ‘What you're doing is illegal’ and it just has gone largely ignored,” he said. 

"They’ve been admonished numerous times by numerous authorities,” he said.

A Veterans Guardian brochure printed in April 2022 - and included in the lawsuit - says the company has assisted veterans with at least 29,000 disability claims. That included veterans in Texas, North Carolina, Florida, California and Georgia.

Otters is represented Andrew L. Fitzgerald of Fitzgerald Hanna & Sullivan of Raleigh, North Carolina.

Full Article & Source:
Circling the alleged ‘claims sharks': Veterans' lawsuit accuses disability claims consultant of breaking federal law

Victims awarded $200K after theft by former Cuyahoga County attorney

By Avery Williams

CLEVELAND, Ohio (WOIO) - Four years after a Cuyahoga County attorney was accused of stealing from her clients, Ohio court officials say two victims are receiving reimbursement.  

According to a news release, Dorothea Jane Kingsbury, who is suspended from practicing law, pleaded guilty in Sept. 2021 to charges including theft.

Previous 19 News’ reports state Kingsbury was an estate attorney, and her victims were elderly or disabled adults.

Court officials say the Lawyers’ Fund for Client Protection reimbursed $200,000 to Kingsbury’s former clients.

Sixteen other victims of theft by Ohio attorneys were compensated as well, according to the release.

Full Article & Source:
Victims awarded $200K after theft by former Cuyahoga County attorney

See Also:
Ex-Beachwood lawyer who bilked special-needs clients’ trusts gets prison

Cleveland lawyer indicted for taking funds from elderly, disabled people she served for as guardian

Additional charges against Pepper Pike attorney accused of misappropriating funds: Update

Cleveland lawyer indicted for taking funds from elderly, disabled people she served for as guardian

Elderly abuse on the rise

Woman charged with abusing elderly patient

Source:
Elderly abuse on the rise

Abusive Guardianships

How they happen, how you can prevent them and how to persuade a judge to terminate one

By Edd and Cynthia Staton

In 2019, a judge ruled that a 73-year-old man with a history of mental illness and limited physical capability was incapacitated and in need of a guardian. His sister (the siblings' names are being withheld to protect their privacy) sought to fill that role, but the presiding judge thought otherwise.

10% of U.S. adults over 60 experience a form of elder abuse each year, according to a 2022 U.S. Department of Justice study.  |  Credit: Photo by Yunus Tuğ

She disagreed with decisions of the court-appointed guardian, and with her lawyer found deficiencies in the annual accounting of her brother's finances. Because guardians have the authority to restrict communication with wards, as the people they care for are known, she has been unable to speak with her brother since February 2021.

It was during this period that, after 13 years of highly publicized drama, the conservatorship of the pop singer Britney Spears came to an end. Explosive testimony by Spears in that case pulled back the curtain on abusive guardianships, eliciting outcries from politicians earnestly promising to "do something." To date little progress has been made.

Elder Abuse Is Soaring

With an aging world population, instances of elder abuse are increasing at an alarming rate. A study by the U.S. Department of Justice reveals that 10% of adults over 60 in the United States experience some form of abuse each year. Shockingly, the research further suggests that only one of every 24 cases is reported.

A particularly disturbing aspect of this trend is guardianship abuse.

David Clark, a lawyer in Okemos, Michigan, said this form of abuse is "not limited to financial exploitation, but can also include physical, emotional, and/or sexual abuse and neglect."

"It's terrifying because more than half a million cases of abusive guardianships of the elderly are reported in the U.S. every year, but millions of cases go unreported," he adds.

The scope of the problem is difficult to quantify because there is no federal regulation over these cases. Responsibility for tracking toxic guardianships rests with the states, where rules vary from jurisdiction to jurisdiction and courts are so under-resourced that only a handful even collect guardianship data. Whatever records there are remain at the local level.

How Guardianships Become Toxic

Generally, guardianship refers to protecting a person and conservatorship to protecting the person's finances, but no formal legal definition differentiates the terms. Here "guardianship" will be used for all of these court-appointed arrangements.

Guardianship is a well-intentioned legal entity designed to shield from harm those who are truly incapable of making and communicating informed choices. Most of the time guardians do the right thing, properly managing the daily life of debilitated wards and protecting their property and assets.

Tragedy arises when vulnerable individuals are taken advantage of by those who should be protecting them. From interviews with attorneys specializing in these types of cases, there are two typical patterns of abuse.

Good Initial Intentions Go Wrong

A guardianship may begin as appropriate but, over time, guardians may lose the ability to properly care for the ward. "It could be a result of substance abuse, mental illness — or, in cases in which the elderly person and the guardian are closer in age — even cognitive decline in the guardian himself," says Ryan D. Byers, a lawyer in Jacksonville, Illinois.

"This scenario is often hard to detect," he adds, "because when it began, there was nothing problematic about the guardianship."

A second circumstance occurs when "a family member has good intentions to help their aging relative, but doesn't realize the work, time and emotion that will be needed to carry out the guardianship," says Travis Christiansen, a lawyer in St. George, Utah. "Thus, as time goes on, the relationship becomes abusive."

Predators Purposely Take Advantage

The most common and appalling situation is "when a person (family or not) deliberately seeks out vulnerable adults in order to take advantage of them financially through guardianship," says Christiansen.

Byers agrees that many times guardianship abuse has a financial component. "Family members who do not have the desire to support themselves see an opportunity to enter into an elderly person's life and have a stable roof over their heads," he says.

Byers further points out that if the abuser is a child, grandchild or other family member who truly was dependent on the elderly person at an earlier stage in life, the ward may be unwilling to sever the relationship because of this psychological bond.

How to Prevent an Abusive Guardianship

The Catch-22 of guardianship is that once it is in place, the ward no longer has a voice in his or her own affairs. The guardian has control over everything — how the ward's money is spent, where the ward lives, even who can contact the ward. Therefore, terminating an abusive guardianship can be extremely difficult and costly.

The key is early detection. Red flags include:

• Signs of physical harm begin to appear.

• The guardian suddenly moves into the ward's home.

• Property starts to go missing.

• Unusual financial transactions occur.

"Approaching the elderly person directly is something that should be done only with great caution," Byers advises, "as it can escalate abuse if the abuser learns that he is suspected."

Every state has an Adult Protective Services agency and Area Agency on Aging. Contacting these offices can initiate an investigation in which professionals may look into allegations of abuse.

Particularly if you are a family member, with the guidance of these agencies or an attorney who specializes in these types of cases, it could be possible to petition the courts for guardianship yourself. Or to seek a restraining order that removes the abuser from the life of the elderly person.

How to Avoid Trouble

Being proactive in advance of a possible guardianship scenario is the best solution to preventing future abuse. Legal steps include creating:

—Durable power of attorney. Allows you, not a judge, to specify who you want to act as your agent. As a further safeguard, you should require that your finances be examined periodically by a third party of your choosing.

—Revocable (living) trust. With this document you give someone else the power to make financial decisions on your behalf in the event you become unable to do so. An added benefit of this type of trust is your estate avoids going through the state probate system.

—Advanced medical directive. Also called a living will, it provides instructions when you are unable to make decisions for yourself regarding your preferences for medical care should you be terminally ill, seriously injured, in a coma, in the late stages of dementia or near the end of life.

—Designation of pre-need guardianship. Allows you to select your caretaker in advance if you ever becoming incapacitated. Check to see if this legal instrument is valid in your state.

Looking Ahead

While guardianship law is state law, attention and funding from Congress are essential for systemic change. Thus far, leadership at the national level has been lacking.

Senator Bob Casey, a Democrat from Pennsylvania and chairman of the Special Committee on Aging, has introduced legislation that would establish a national Guardianship Bill of Rights. The Senate has yet to assign it to a committee for review.

Full Article & Source:
Abusive Guardianships

Shocking elder abuse allegations revealed by ex-60 minutes reporter

Shocking elder abuse allegations revealed by ex-60 minutes reporter In the midst of a bitter family stoush, the former 60 Minutes reporter’s father was left unbathed, unfed, had his money taken and his will changed. It’s a horror scenario playing out across Australia.

Source:
Shocking elder abuse allegations revealed by ex-60 minutes reporter

Jury Convicts Scottville Woman on 11 Counts for Embezzlement from a Vulnerable Adult

September 15, 2023

LANSING – Yesterday, Jessica Englebrecht, 36, of Scottville, was found guilty by a Mason County jury of all 11 charged counts for abusing her authority as a guardian and embezzling from 10 vulnerable adults she was appointed to protect and commingling her clients’ funds, announced Michigan Attorney General Dana Nessel. 

The jury, in the 51st Circuit Court in Ludington, convicted Englebrecht of:  

• Eight counts of embezzlement from a vulnerable adult – $1,000 or more but less than $20,000, a five-year felony and/or a $10,000 fine, or three times the value of the money or property involved, whichever is greater;
• One count of vulnerable adults – caregiver commingling funds/obstructing investigations, a two-year high court misdemeanor and/or $25,000 fine;
• One count of embezzlement from a vulnerable adult – $200 or more but less than $1,000, a one-year misdemeanor and/or a $2,000 fine, or three times the value of the money or property involved, whichever is greater; and
• One count of embezzlement from a vulnerable adult – less than $200, a 93-day misdemeanor and/or a $500 fine, or three times the value of the money or property involved, whichever is greater.

Michigan State Police began investigating Englebrecht in 2019 together with Adult Protective Services. Englebrecht stood trial for embezzling more than $20,000 from 10 vulnerable adults. Englebrecht was appointed as a guardian and/or conservator for the adults from 2017 to 2019. 

“Those the state trusts in court-appointed positions of power as guardians and conservators must be held to the highest standards and must be held accountable when they use their position criminally,” said Nessel. “I applaud the jury and prosecutors for securing justice in this case, and the investigators at Michigan State Police and Adult Protective Services for their commitment to uncovering this abuse. Michigan’s Elder Abuse Task Force has many recommendations to protect those under guardianship, including the certification of appointed guardians, and I remain committed to pursuing that measure.”

Attorney General Nessel has made elder abuse a top priority for her administration, assisting in the creation of the Michigan Elder Abuse Task Force. The task force has outlined several recommendations to improve protections for Michigan’s elderly populations, including proposing a certification requirement for those serving as guardians. Currently, no qualification or training is necessary to be a guardian, just a judge’s appointment.

Englebrecht will next appear for sentencing, scheduled for October 31, 2023.

Visit the Attorney General’s website for more information on the Elder Abuse Task Force.  

###

Full Article & Source:
Jury Convicts Scottville Woman on 11 Counts for Embezzlement from a Vulnerable Adult

See Also:
Conservator says she's targeted by AG task force

Scottville woman convicted on embezzlement from a vulnerable adult charges

by Michelle Fedder

A Scottville woman was found guilty on multiple charges in a case in which she was accused of embezzling from 10 vulnerable adults she was appointed to protect and commingling her clients’ funds.

Jessica Englebrecht, 36, of Scottville, was found guilty in Mason County’s 51st Circuit Court on Sept. 14 by a Mason County jury, according to a news release from Michigan Attorney General Dana Nessel.  

She was found guilty of the following charges:

Eight counts of embezzlement from a vulnerable adult — $1,000 or more but less than $20,000, a five-year felony and/or a $10,000 fine, or three times the value of the money or property involved, whichever is greater;

• One count of vulnerable adults — caregiver commingling funds/obstructing investigations, a two-year high court misdemeanor and/or $25,000 fine;
• One count of embezzlement from a vulnerable adult — $200 or more but less than $1,000, a one-year misdemeanor and/or a $2,000 fine, or three times the value of the money or property involved, whichever is greater; and
• One count of embezzlement from a vulnerable adult — less than $200, a 93-day misdemeanor and/or a $500 fine, or three times the value of the money or property involved, whichever is greater. 

High court misdemeanors are similar to a felony but have punishments that are not as harsh. 

Michigan State Police began investigating Englebrecht in 2019 together with Adult Protective Services, according to a news release. 

Englebrecht stood trial for embezzling more than $20,000 from 10 vulnerable adults. Englebrecht was appointed as a guardian and/or conservator for the adults from 2017 to 2019.  

“Those the state trusts in court-appointed positions of power as guardians and conservators must be held to the highest standards and must be held accountable when they use their position criminally,” Nessel said in a news release. “I applaud the jury and prosecutors for securing justice in this case, and the investigators at Michigan State Police and Adult Protective Services for their commitment to uncovering this abuse."

Nessel has made elder abuse a top priority for her administration, assisting in the creation of the Michigan Elder Abuse Task Force. The task force has outlined several recommendations to improve protections for Michigan’s elderly populations, including proposing a certification requirement for those serving as guardians. Currently, no qualification or training is necessary to be a guardian, only a judge’s appointment. 

Englebrecht will next appear in court for sentencing, scheduled for Oct. 31. 

Full Article & Source:
Scottville woman convicted on embezzlement from a vulnerable adult charges

Lawsuit alleges 96-year-old dementia patient sexually abused by man at East Chicago nursing home

By Michelle Gallardo

EAST CHICAGO, Ind. (WLS) -- The family of a 96-year-old woman have filed a lawsuit against a northwest Indiana nursing home and a male resident who allegedly sexually abused the elderly woman who is a dementia patient at the facility.

East Chicago police were called to the northwest Indiana nursing home September 2. A police report filed at the time indicates that a witness had observed one of the residents fondling a 96-year-old woman with dementia who also lives there. That woman is Gloriatte Evans-Dumas's grandmother

"This has been devastating to our family," Evans-Dumas said.

After filing a lawsuit against both the alleged offender and the facility today, Evans-Dumas said she holds Harbor Health responsible for what happened because the man accused of forcibly fondling her grandmother is a registered sex offender,

"She told me she didn't have any policy and procedure," Evans-Dumas said. "She could not arrest him and she could not put him out on the street."

Evans-Dumas said nursing staff have told her that the alleged offender still lives there, unbeknownst to the other residents.

"How is it that when something like this happens you still don't notify residents?" attorney Cannon Lambert said. "There has been no effort to remove him by the facility."

According to the police report, when interviewed about the incident, the accused said: "I am dumb. I messed up," and "she never said no or to stop."

The man, however, has not been arrested and no charges have been filed, which is why he has not been named.

To make matters worse, Evans-Dumas has still not been able to move her grandmother to another facility.

"You have to make sure there is a nursing home that has an available bed for a dementia patient," Evans-Dumas said. "You can't just throw her out there."

A statement was released by Harbor Health & Rehab Thursday:

Resident and staff safety is our top priority, and our organization follows local and state regulations. We promptly reported the incident to state and local authorities in full compliance with Indiana regulations, initiating a comprehensive investigation. To respect our residents' privacy, we are unable to provide additional information without compromising the confidentiality of individual residents. Our commitment to providing residents with a safe and secure environment remains unwavering. We are working diligently with the state, and our staff continues to focus on maintaining quality standards of care.

As for the criminal investigation, the East Chicago Police Chief told ABC7 they are waiting to complete their witness interviews. Once that is done, the case will be forwarded to the Lake County Prosecutor's Office for review.

Full Article & Source:
Lawsuit alleges 96-year-old dementia patient sexually abused by man at East Chicago nursing home

Macomb County Woman Bound Over to Circuit Court on 18 Felony Counts

September 15, 2023

LANSING – Lisa Ludy, 52, of Macomb, was bound over Wednesday to Macomb County Circuit Court for trial on the 18 felony counts she faces for allegedly stealing tens of thousands of dollars from two vulnerable adults, over whom she held court-appointed authority as guardian and conservator, announced Michigan Attorney General Dana Nessel.

In 2016, Ludy petitioned to have her company, Community Guardian Care, Inc., appointed as a guardian and conservator for one of two alleged victims. The Department of Attorney General alleges that upon appointment as guardian and conservator, Ludy used her position and company to steal over $100,000 from the victim, which she used to pay personal bills and funnel money to her family’s companies, Career Health Studies, Career Health Training Corporation, and Applewood Adult Foster Care Home. It is also alleged that Ludy intentionally concealed the money she took from the victim and failed to file income taxes from 2016 through 2019. 

After Ludy was initially charged, a second victim reported that Ludy would not return his money. The Department of Attorney General alleges that after Ludy was removed as the second victim’s guardian, she stole his Social Security income from his bank account by using his debit card to make numerous purchases and cash withdrawals from the account. Additionally, it is alleged that after a criminal investigation was initiated, Ludy interfered with the victim and attempted to prevent and/or obstruct him from pressing charges and testifying in court against her.     

Ludy now faces the following charges on two separate felony complaints in Macomb County Circuit Court:

In Macomb County District Court File No. 22-2054-FY: 

• One count of Conducting a Criminal Enterprise, punishable by 20 years and/or $100,000; 
• Six counts of Financial Transaction Device-Stealing/Retaining Without Consent, punishable by 4 years and/or $5,000;  
• One count of Embezzlement From a Vulnerable Adult- $1,000 or More But Less Than $20,000, punishable by 5 years and/or $10,000; and  
• One count of Witness-Bribing/Intimidating/Interfering, punishable by 4 years and/or $5,000.  

In Macomb County District Court File No. 22-1583-FY: 

• One count of Conducting a Criminal Enterprise, punishable by 20 years and/or $100,000; 
• Two counts of Embezzlement $1,000 to $20,000, 5-year felonies;  
• One count of Embezzlement $20,000 to $50,0000, a 10-year felony; 
• One count of Embezzlement $50,000 to $100,000, a 15-year felony; and 
• Four counts of Failure to File Tax Return, 5-year felonies.   

"Court appointed guardians and conservators should be held to the highest standards so that our elderly and vulnerable adults can trust the system meant to protect them,” said Nessel. “When those conservators fail that trust, my office will hold them accountable.” 

Ludy is scheduled for a circuit court arraignment on September 25, 2023, before Judge Julie Gatti in Macomb County Circuit Court. 

Please note: A criminal charge is merely an allegation, and the defendant is presumed innocent unless and until proven guilty. The Department does not provide booking photos.

###

Full Article & Source:
Macomb County Woman Bound Over to Circuit Court on 18 Felony Counts

See Also:
Macomb Township woman accused of stealing over $100,000 from vulnerable adult

Kalamazoo man sentenced for embezzling more than $45K from elderly woman

By DeJanay Booth-Singleton

CBS DETROIT) - A 40-year-old man is sentenced to five months in jail for embezzling more than $42,000 from an elderly woman, the Michigan Attorney General's office announced Wednesday.

Craig Macauley, of Kalamazoo, pleaded guilty in October 2022 to three counts of embezzlement from a vulnerable adult, $1,000 to $20,000. He is ordered to pay $30,000 in restitution. 

He also waived all rights to a 2011 Chevrolet Silverado, a 2017 Kawasaki all-terrain vehicle, a 2018 R&R trailer, a 2005 GMC Yukon Denali, and a 14-karat yellow gold diamond ring. Officials say the items, which were paid with the victim's money, were seized by the Department of Attorney General.

A home was also seized after investigators determined Macauley asked to put his name on the deed.

"This case illustrates the importance of the Financial Crimes Division of my office in securing restitution for elderly victims and ensuring that those who misuse their authority are held accountable," said Michigan Attorney General Dana Nessel in a press release. "We will continue to aggressively prosecute anyone who victimizes our state's seniors and will pursue similar outcomes in every instance of financial exploitation of vulnerable adults." 

State officials say between 2018 and 2019, Macauley embezzled $45,000 and property from the victim, who was 77 years old at the time and suffered from multiple medical conditions. 

Macauley used the money to purchase several items, maxed out the victim's credit cards, and caused her bank account to become overdrawn. 

Full Article & Source:
Kalamazoo man sentenced for embezzling more than $45K from elderly woman

Casper Caretaker Charged with Exploiting Elderly Woman, Stealing Large Sums of Money

A Casper woman appeared in Natrona County Circuit Court before Judge Nichole Collier on Tuesday, Sep. 12.

Back in July of 2021 investigators became aware of a possible exploitation case.

The alleged victim, a 60 year woman with a debilitating and fatal disease, reported being taken advantage of by her neighbor. 

A year prior, court records indicate that Christine Ann Reynolds offered the woman assistance, volunteering to help with things like grocery shopping and taking her to the doctor.

With permission, Reynolds had access to the woman's debit card, a key to her home, and her vehicle. Eventually the two agreed that Reynolds would be compensated for her assistance; records say the woman agreed to pay Reynolds' rent and cell phone bill.

In December 2020, the woman was admitted to Wyoming Medical Center for nearly a month due to her illness. After being discharged, she began to examine her finances. That's when she says she noticed several unauthorized charges to her debit card:

12/10/2020 Walmart - $71.69

12/12/2020 Walgreens - $37.77

12/16/2020 Dominos Pizza - $16.25

12/17/2020 Petco - $216.48

12/20/2020 N Style Nails - $45.00

12/23/2020 InstaCart - $41.47

12/23/2020 McDonalds - $5.34

12/23/2020 ATM (cash) - $80.00

12/23/2020 Petco - $34.62

12/24/2020 Homax - $12.88

12/24/2020 Homax - $24.09

Investigators began to look at other periods where the victim was in the hospital for long stays and noticed correlations between those dates and other unauthorized charges made using her debit card.

The charges continued well into 2021, adding up to $3,636.79.

Records show that investigators tried to contact Reynolds multiple times but were unsuccessful.

A warrant was issued for Reynolds on January 26, 2022, but she was not taken into custody until this week.

She is being charged with exploiting a vulnerable adult and grand theft; both are felonies punishable by up to 10 years in prison.

The judge set bond at $30,000 cash or surety for the first charge and $20,000 cash or surety for the second.

Reynolds' preliminary hearing is set for Sep. 21 at 10:00 a.m. in the Natrona County Townsend Justice Center.

Full Article & Source:
Casper Caretaker Charged with Exploiting Elderly Woman, Stealing Large Sums of Money

'Blind Side' Tuohy family say there was no 'intent to adopt’ Michael Oher, deny profiting off his name

By Marlene Lenthang and Diana Dasrath

Sean and Leigh Anne Tuohy hit back at former NFL star Michael Oher in a new court filing Thursday, saying they never intended to adopt him and denied enriching themselves off his name. 

The Tuohys took in Oher, now 39, when he was in high school. He went on to stardom playing for Ole Miss and then the NFL, a story documented in the Oscar-winning movie “The Blind Side.”

The rosy image of a happy, adoptive Tennessee family depicted in the film was shattered when Oher alleged in an Aug. 14 court filing that he didn’t know he had never actually been adopted. Instead, he claimed he had been placed in a conservatorship and the Tuohys had profited from his name and cut him out of “The Blind Side" profits.

In the August filing, Oher requested a Shelby County probate court judge end the conservatorship that started in 2004 when he was 18.

In a response filing Thursday, the Tuohys, both 63, said that while they thought of Oher as a son, they “admit that they never intended to, and in fact never did, take any action to assume legal custody through the Juvenile Court of Shelby County."

The Tuohys maintained they are “ready, willing, and able to terminate the conservatorship by consent at any time,” the filing said.

They “vehemently” denied Oher’s claim that they saw him as a “gullible young man whose athletic talent could be exploited for their own benefit.”

Oher claimed in his filing that he only learned in February that he had been placed in a conservatorship and hadn't actually been adopted — which the Tuohys called “demonstratively false.”

They cited his 2011 memoir “I Beat The Odds,” where Oher indicates he was aware the Tuohys were appointed as conservators. 

The Tuohys refuted his claim that they told him they intended to legally adopt him. But they said they considered Oher part of their family, and over time he referred to them as “mom” and “dad,” and they referred to him as “son.” 

“Clearly, the Respondents (The Tuohys) loved the Petitioner and as a result provided him with shelter, food, and clothing and in fact bought him more than one vehicle for his personal use,” the filing said. “In fact, they have always felt that the Petitioner was like a son and have used that on occasion but not in a legal sense.”

The Tuohys said they entered a conservatorship to allow Oher to play college football at the University of Mississippi, the Tuohys’ alma mater and where they were boosters. 

“When it became clear that the Petitioner could not consider going to the University of Mississippi (“Ole Miss”) as a result of living with the Respondents, the NCAA made it clear that the only way he could attend the Ole Miss if he was part of the Tuohy family in some fashion. Conservatorship was the tool chosen to accomplish this goal,” the filing said.

Oher enrolled at the University of Mississippi in Aug. 2005 on a football scholarship at the age of 19. 

The Tuohys denied having "ultimate control of his contracts" and said they never signed any contract for him when it came to his career. The only documents they "may or may not have been required to sign" were Ole Miss scholarship papers, the filing claimed.

Oher had claimed that the Tuohys raked in massive profits from "The Blind Side" film, but they say the profits were split equally.

Oher claimed in his petition that the Tuohys had contract negotiations with 20th Century Fox (now 20th Century Studios) regarding the creation of The Blind Side movie, based on the book “The Blind Side: Evolution of a Game” by Michael Lewis. The Tuohys denied that claim, saying they “signed but never negotiated any contact” with the movie studio. 

Oher claimed that the Tuohys negotiated for themselves and their natural born children a contract price of $225,000 plus 2.5% of all future “defined net proceeds.” The Tuohys denied this, saying they received a portion of the money paid to Michael Lewis, "which was something less than $225,000."

Michael Lewis, the author of “The Blind Side” book, told The Washington Post last month that no one made a windfall from the film. “Everybody should be mad at the Hollywood studio system,“ Lewis said. 

The Tuohys said that Oher's share of the profits was paid to them. They then "paid the taxes due on these funds for some period of time but still cut a check for a full share (20%) to Petitioner."

Oher claimed that due to the success of the movie, a donation was made to Leigh Ann Tuohy’s foundation for $200,000 in 2010 in Sean Tuohy’s name. Oher claimed that the Tuohys and movie studio did not ensure his benefit from the movie’s success. 

The Tuohys admitted that they received a $200,000 donation to their foundation, but said that Oher had the opportunity to receive that exact same sum to be placed in a foundation or charity of his choice. But he "failed to take the necessary action to initiate the foundation despite the recommendations of the Respondents" and an attorney, the Tuohys said.

The filing ended with the Tuohys requesting the court deny all the relief Oher seeks in his petition. 

A spokesperson for the Tuohys had no additional comment Thursday.

Don Barrett, attorney for Michael Oher, said Thursday: “The Tuohys have filed a response within the deadline required by Mike’s petition. We look forward to Mike finally getting his day in court, where we are confident that the truth will prevail.

Full Article & Source:
'Blind Side' Tuohy family say there was no 'intent to adopt’ Michael Oher, deny profiting off his name

See Also:
Michael Oher