Disability Rights Nebraska exposes flaws in state’s guardianship system

By 10/11 NOW

LINCOLN, Neb. (KOLN) - Disability Rights Nebraska has released findings from a year-long investigation into the state’s guardianship system, revealing significant concerns.

More than 10,000 Nebraskans are currently under guardianship. The organization reported visiting dilapidated and unsanitary facilities where people with disabilities were placed by their guardians. They conducted numerous interviews and reviewed thousands of legal documents from guardians profiting from vulnerable adults.

The report includes seven personal stories from Nebraskans under guardianship.

One Omaha man with addiction and mental health issues said his guardian moved him to a town over 100 miles away, isolating him from any support network.

“How am I supposed to get sober and get on my own two feet when I’m just being warehoused and dictated to by a total stranger?” he said.

According to the report, the assisted living facility where the man was placed has been the subject of multiple complaints to Disability Rights Nebraska, including issues with air conditioning, hot water, bed bugs, and assaults.

The report also highlights serious financial concerns within Nebraska’s guardianship system, including:

• Lawyers charging clients legal fees for non-legal work, such as $225 an hour for mailing a rent check or calling a pharmacy
• Guardians using debit cards to charge up to $500 with no accounting
• Guardians receiving thousands of dollars annually for their services without itemized explanations of their time

“We understand that judges and county court personnel simply lack the time or resources to do a line-by-line review of every guardianship case,” CEO Tania Diaz said. “However, many red flag expenses we saw in our review of selected court files should set off alarms. Sister states have hired independent auditors to review guardianship filings. These programs have been so successful that they have recovered more in assets than the program cost.”

Diaz noted that states including Alaska, Florida, Idaho, Illinois, New Hampshire, New Mexico, Nevada, North Dakota, Oregon, Texas, and Utah have reformed their guardianship systems to prevent abuse and neglect.

Disability Rights Nebraska plans to advocate for new laws, more education for judges, guardians, and lawyers, and increased use of supported decision-making instead of full guardianships.

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Disability Rights Nebraska exposes flaws in state’s guardianship system