Florida watchdog allowed 8 professional guardians who violated state law to continue practicing

'Mitigating circumstances' cited in letters

Florida’s professional guardians have been in the headlines this past year and under arrest for stealing, abuse and neglect.

By: Adam Walser

TALLAHASSEE, Fla. — Florida’s professional guardians have been in the headlines this past year and under arrest for stealing, abuse and neglect.

But the I-Team has uncovered that even when the state’s own investigators found guardians broke the law, they continued with business as usual.

Teresa Kennedy provided us with a 2018 video showing a reunion with her aunt Lillie White, herself and her mother Jane Kennedy at an assisted living facility where White was placed by her court-appointed guardian.

White, a retired school administrator who once sang at Harlem’s Apollo Theater, brightened up as she sang a hearty rendition of “All of Me” with her niece during the visit.

White’s guardian banned most of her family from contacting her years ago.

“We didn't know where she was for two years and then we found her through private investigators in November 2018,” said Kennedy.

After a family dispute over money, a judge appointed a professional guardian to care for White.
“I never thought anything like this could've happened,” White said, in the 2018 video.

White was removed from her home in August 2016 and taken to an assisted living facility.

“They’re saying you don't want to see your sister Jane. Do you want to see her?” Kennedy asked her aunt in the video.

“See how lies can get out? Oh my goodness,” said White. “I've always wanted to see her.”

But before Lillie's family tracked her down, they contacted the Florida Office of Public and Professional Guardians (OPPG).

That’s the watchdog agency set up to investigate complaints against guardians.

“I finally received a call from the inspector general's office saying 'we're opening up an investigation.' So I was very excited,” said Kennedy.

That call came in 2017, about a year after she filed a complaint, but she heard nothing more until almost two years later.

“Every month, I'm calling and saying another year, another week, another month. Where's the report?” said Kennedy.

The I-Team obtained that report showing investigators found Lillie's guardian was not registered as a professional guardian with the state and had billed White’s bank account for attorney fees that were not allowed.

But despite finding problems, the state’s watchdog did not take any disciplinary action.

In a letter to White’s guardian, Department of Elder Affairs Secretary Richard Prudom said her conduct was “mitigated by the complexity of the family relationships.”

“I was so angry when I got the OPPG letter,” said Kennedy.

The I-Team uncovered eight other cases in which investigators found guardians violating the law. But the state never moved to take away the license of any of those guardians, each time ruling the problem had been "mitigated".

One guardian was cited for paying a concierge dentist $73,000 for unnecessary visits.

Investigators found another guardian charged a person under her care hourly fees for a caretaker to accompany the ward on a cruise without getting permission from the court.

Another guardian billed a woman’s estate for providing care services using a side business he owned without telling the court, which is also a violation of the state guardianship law.

Those guardians' actions were all mitigated by taking 16 hours of continuing education courses

Kathleen Zagaros complained to the state after her mother's guardian ignored her mother's advanced care directives, then requested a do not resuscitate order.

“She wanted all measures done. She appointed me as her surrogate healthcare provider. And they were ignored by the guardian,” Zagaros said.

The investigator substantiated that allegation. But a letter to the guardian dated October 14, 2019, said the conduct was mitigated by the actions of the guardian to honor veterans at Arlington National Cemetery.

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What does that mean?

The state did not take any disciplinary action against the guardian because she bought five wreaths for $150 through an organization that lays wreaths at Arlington National Cemetery.

Department of Elder Affairs Secretary Richard Prudom, who oversees OPPG, declined an on-camera interview but provided the following statement by email:

“The Department of Elder Affairs is committed to transparency and education regarding this process. Several factors are used to appropriately determine disciplinary actions regarding complaints received against professional guardians. In cases where evidence of intent to cause harm is found, the Department will refer the matter to law enforcement. We are thankful to have the ongoing partnership of Representative Colleen Burton and Leader Kathleen Passidomo to make revisions to existing law to help ensure the Department has more tools to hold bad actors accountable.”

A guardianship reform bill sponsored by those lawmakers was passed during the 2020 legislative session. It was signed into law by Gov. Ron DeSantis and took effect July 1.

At least five guardians have been charged with crimes since the OPPG was created, but OPPG has not been able to substantiate which of those cases they referred to law enforcement.

“OPPG to date has been there to protect guardians and not the senior. It's very, very clear,” said Kennedy.

We first spoke to Kennedy about her case in early March, before the pandemic shutdown. We followed up with her recently and she says she’s still not allowed to have any contact with her aunt, including phone calls.

“People who do have loved ones in nursing homes right now during COVID-19 might get a little sense of it, not being able to hug their mother, having to talk to them through the window. But at least they can do that. We can’t,” Kennedy said.

She has filed a new complaint with OPPG involving her aunt’s guardian and is hoping her last reunion with her aunt Lillie in 2018 won't be her last.

Full Article & Source:
Florida watchdog allowed 8 professional guardians who violated state law to continue practicing

Elderly woman's former POA sues assisted living facility for denying him access to his client

A high profile professional guardian, who faces criminal charges, is now taking a Pinellas County assisted living facility to court, and a six-figure personal services contract is at the center of the dispute.

Fernando Gutierrez was charged late last year with battery and trespassing for an incident that happened at Patrick Manor ALF in St. Petersburg.

Now he's filed a lawsuit, claiming the facility is preventing him from providing services his client already paid for.

According to court documents, an 86-year-old woman who lives at Patrick Manor signed a document making Gutierrez her power of attorney in June of 2012.

Gutierrez used that POA to hire himself to provide services for her, including monitoring her health, providing for her hygiene needs and even attempting "to amuse and entertain" her.

Fernando Gutierrez

Gutierrez paid himself $180,000 for his services, which represented all of her available funds, according to the contract included in the lawsuit.

He also signed a nearly $42,000 promissory note with an 8 percent annual interest rate on her behalf, which would be satisfied by future payments to himself.

The contract indicates the client would pay him at a rate of $35 per hour for 18 hours of services each week.

The price was arrived at using an insurance actuary table estimating her additional expected lifespan at slightly more than five years.

The elderly client revoked the POA last fall, at which point Patrick Manor banned Gutierrez from the property.

Full Article, News Report, and Source:
Elderly woman's POA sues assisted living facility for denying him access to his client

Professional guardian under investigation by Attorney General for allegedly exploiting seniors

CLEARWATER, Fla. - Taking action for you means helping families understand financial risks and providing you with information you can use to prevent yourself from becoming a victim.

Our I-Team has uncovered a new concern that could affect you or your loved ones.

Power of Attorney documents, which have almost no oversight, can allow someone to control all aspects of your life with a quick stroke of a pen.

Professional guardian Fernando Gutierrez told us a couple months ago that he protects the elderly.

“I'm their patient advocate,” he said, when he was interviewed after an elderly resident died in a Pinellas Park nursing home.

The patient was one of 12 people at that facility for whom Gutierrez served as a health proxy, allowing him to make medical decisions on their behalf.

The Florida Attorney General's Office is now investigating whether Gutierrez is exploiting any of the elderly people in his care, through power of attorney agreements he gets patients to sign in hospitals, nursing homes and assisted living facilities.

A Pinellas county Inspector General's Office report says Gutierrez  "parks in physician parking spots, then puts on a white lab coat and enters the facility."

Gutierrez admits he doesn’t does not have a degree in any medical field, but he defends wearing his white coat, saying he earned it by attending medical ethics seminars.

“I always wear that, especially when I go on rounds at hospitals…. Visiting my patients,” he said.

In May, Morton Plant Hospital in Clearwater accused Gutierrez of playing doctor.

In a police report, it indicates a hospital official reported he acted as a guardian for patients for whom he did not have legal guardianship.

It also says he signed off on orders for patient surgery without authorization.

That incident led the hospital to post fliers with a picture of Gutierrez in his lab coat throughout the campus, instructing staff members if they see him inside the hospital, to contact security immediately, so he could be charged with trespassing.

83-year-old Wanda Nichols says she never invited Gutierrez to visit her, when she ended up in a rehab center.

“I was just introduced to him and he'll be your uh... what would they call it?”

She said, referring to a power of attorney.

Nichols admitted she didn’t know what that entailed.

Documents obtained by the I-Team say Gutierrez uses Durable Power of Attorney agreements to get paid from monthly Medicaid checks sent to residents of area facilities to pay for things like beauty appointments and personal items.

“If you're in a nursing home, it's $105. If you're in an ALF, $54,” said Fernando, referring to the amount of the monthly Medicaid checks.

Multiple inspector general and law enforcement reports say Gutierrez also named himself the beneficiary of patients' insurance policies and bank accounts.

The reports of alleged exploitation of elderly local residents go back at least five years.

When asked if she remembers Gutierrez taking her to the bank, Nichols said, “ Yeah, sure, I do. I remember sitting right beside him.”

ALF operator Alka Vahal told police Gutierriez opened a joint account with Nichols, then cleaned it out.

“In the month of April, she had about $2,000 in her account. Her pension was going into that account, and then slowly, within three months, everything was gone,” said Vahal.

“Guess what? There's no governing agency, per se, that watches over power of attorneys,” said former ALF operator Doug Coffey, who is now a consultant in the long term care industry.

Coffey says POAs are an easy way to exploit seniors and the disabled, since courts aren't involved.

Vahal says she saw Gutierrez constantly hunting for new patients at other facilities.

“He would find other people there. One time, he actually told me he has 33 people in that rehab,” she said.

Gutierrez recently agreed not to serve as a guardian again in Pinellas County, after a judge questioned his handling of wards' finances.

But he plans to continue to advocate for those with nobody else.

“In this business, it's not unusual for people to make complaints and investigations and allegations. It goes with the job,” said Gutierrez.

Dr. Sam Sugar, Founder and President of the Americans Against Abusive Probate Guardianships non-profit organization, has asked the Florida Department of Elder Affairs, the Pinellas County Inspector General and the Florida Attorney General’s Office to take immediate action to stop Gutierrez.

“This Guardian has long been suspected (as long as 5 years) of predatorily seeking out demented patients (many who are not even Wards of his or anyone else's) to fraudulently secure their signatures appointing him as a fiduciary for their benefits. He is under investigation by multiple State Law enforcement agencies yet he continues to be certified as he loots the estates of countless vulnerable individuals in facilities near him,” he said in an email sent to those agencies Thursday.

Full Article & Source:
Professional guardian under investigation by Attorney General for allegedly exploiting seniors

Work continues to overhaul guardianship system

LAS VEGAS, NV (KTNV) - Work continues as a result of another ongoing Contact 13 Investigation.

The State Guardianship Commission held it's fourth meeting Monday as it works toward massive reform.

The Nevada Supreme Court created the commission after Contact 13 exposed systemic problems and allegations of corruption--including double-billing, homes lost with no oversight and families torn apart.

Nevada Supreme Court Chief Justice James Hardesty took issue with the form doctors use to declare a person incompetent.  He called it a one-size fits all approach that needs an overhaul.

Commissioners also heard from a Texas court official about that state's dramatic reforms to its guardianship system.  Texas is the first state to implement "supported decision-making."

That means Texas courts are now required to look at other alternatives before placing a person under guardianship.  Texas also has a specialized guardianship "bill of rights."

The Nevada Commission is expected to make final reform recommendations in December.

Full Article & Source:
Work continues to overhaul guardianship system

Man who helped shine spotlight on guardianship abuse in Florida dies at age 101

A man whose story prompted an I-Team investigation that led to reform in Florida and drew national attention to the problem of guardianship abuse has died.

Willi Berchau passed away peacefully Wednesday at a local hospice facility at age 101.

He became a friend to all of us on the I-Team for his courage, his graciousness and his fight against what he perceived as injustice.

Incapacitated: The I-Team investigates Florida's Guardianship Program

Those closest to Berchau spent the day packing up 101 years of his memories.

“I was given his case. It was a privilege to do that,” said Jane Barr, who was a volunteer ombudsman for the Florida Department of Elder Affairs.

She was contacted after Berchau complained his rights were being violated by a court appointed professional guardian.

Barr arranged for him to be allowed by the court to attend church with her neighbors Heather and Jimmy Riley.

“One night we got back from seeing Willi and he told us he didn't want to live anymore because he was so unhappy,” said Heather Riley.

The Rileys contacted the I-Team after Berchau was wrongly placed in a locked Alzheimer's unit.

“You see nobody. You have no contact with anybody. It's no socialization,” Berchau told the I-Team in September 2013.

“If you would have stayed there any longer, you would go down mentally,” he said.

After our interview, Berchau didn't have to stay much longer.

He was freed from the unit by his guardian and eventually freed from guardianship by a judge.

“I feel like I lost all the problems in my life,” Berchau said when he left the assisted living facility where he was being held.

“I don't think he would have gotten his freedom back without your help,” said Riley.

From that moment, Willi raised his fist in victory whenever we saw him, celebrating his freedom and his brave fight against guardianship abuse.

“The trouble is, if you have nobody behind your back, then they can do whatever they want with you,” said Berchau, who had no living relatives in the United States after his wife passed away.

He was able to returned to his home at the Fountains in St. Petersburg after his release from guardianship.

“I almost lost hope. I figured I would never be back at this place,” Berchau said at a homecoming party held in his honor.

He served as the inspiration for a guardianship law that passed last year.

“Willi's story is what prompted it. We heard that story and it was so compelling,” said the bill’s sponsor Jeff Brandes.

Just last month, Willi raised his fist again as he spoke to the I-Team about the necessity of new guardianship reform legislation.

He thanked his many supporters when he turned 101 last month.

“They are the best of the best I have ever met in my life,” Berchau said.

“He always used to say to us that we were the best of the best, but it was Willi who was the best of the best,” Barr said.

“He was the best of the best, a gift from God,” Riley said.

Berchau had planned to travel to Tallahassee this legislative session to champion the latest guardianship reform bills, but his health failed him.

The bills passed and are now just awaiting the governor's signature to become law.

If you have a story you think the I-Team should investigate, contact us at adam@abcationnews.com .

Full Article & Source:
Man who helped shine spotlight on guardianship abuse in Florida dies at age 101

See Also:
The Passing of Willi Berchau

The Passing of Willi Berchau

Nobody could say it better than Adam Walser and NASGA joins him in mouring the passing of Willi Berchau. Willi left this earth a free man and an inspiration, thanks to Adam Walser's report. That report, which was part of an investigative series, got the attention of other media in Florida who began reporting on guardianship abuse in Florida and it also got the attention of lawmakers. It all started with Willi Berchau and we will remember Willi for the hero he is:

From Adam Walser:

"A sad day for us, as one of our heroes has passed...Willi Berchau... who fought for the rights of wards in predatory guardianships... died peacefully this morning. He wrongly placed in an Alzheimer's unit, told his story to the world and eventually was freed by the court system. His final year and a half, he spent surrounded by friends and supporters and more importantly... free! The I-Team went to his 101st birthday party just last month. Willi was a sweet, kind soul who had courage to stand up against what was wrong. Isolated from the world, he found a way to speak out and people listened.... eventually passing laws cracking down on predatory guardianships.

I remember Willi with his fist pumped in the air, showing his belief that he achieved victory over oppression. Some us us have heroes who are movie stars or professional athletes or corporate moguls. Mine was a small German man, who always had a smile on his face and who spoke softly with a thick accent. What he had to say will long be remembered."

Source:
Facebook:  Adam Walser I-Team

Florida: ABC Action News I-Team: Patricia Johnson fights more regulation for Florida's Guardianship Program

(Note:  This video is slow loading - but it's worth the wait!)
ABC Action News is staying on top of an effort to protect our state's most vulnerable citizens. State lawmakers are working to reform Florida's Guardianship Program. The measure comes after wards and their family members have reported numerous incidents of abuse and exploitation by professional guardians in court districts throughout the Sunshine State.

One opponent of the new bill was at the center of an I-Team investigation.

In 2013, Willi Berchau told the I-Team that his court-appointed guardian, Patricia Johnson, had wrongly placed him in an Alzheimer's unit. After our stories, doctors and a judge determined Berchau was not incapacitated and freed him from guardianship.

At that time, Johnson declined to speak on camera, and has refused to make any public comments about the issue until now. “I get monitored by everybody, every day, seven days a week,” Johnson testified before the Children, Family and Seniors Subcommittee of the Florida House of Representatives.

Johnson told legislators there's no need to reform the state's guardianship system.

Full Article, Source, and Video:
I-Team: Patricia Johnson fights more regulation for Florida's Guardianship Program

WFTS - INCAPACITATED: Behind the Scenes

Source:
WFTS - INCAPACITATED: Behind the Scenes

2014 Year-End Reflection #4: Increasing Media Attention

We are very appreciative of the increasing media attention of guardianship and conservatorship abuse, including the hard-hitting Columbus Dispatch expose, Adam Walser’s ABC Action News I-Team’s continuing coverage (including celebrating their award of the prestigious DuPont Award for their series), individual reporters’ coverage of multiple cases in their respective states, a free-lance reporter whose goal is to do a story in every state; and the resultant unscrupulous guardians exposed for theft or other elder abuse.

We thank Marti Oakley for her passion for the cause and for her Internet talk radio shows on guardianship abuse:  T.S. Radio.    We likewise thank advocate Bev Cooper for her weekly Illinois cable show: North Shore "Live": Cooper's Corner.

We have teamed up with many new Social Media pages with whom we share posts:
Boomers Against Elder Abuse
Bendigo Banksters
Save Dorothy Wilson, Legally Kidnapped
Rescue Gary Harvey
GRADE (Guardianship Reform Advocates for the Disabled-Elderly
Elders Against Guardianship
Elder Advocates
Keep Marise Home With Family
Florida Guardianship Law Talking Points
Guardianship Laws
Archangels of Justice
Elder Abuse and Financial Exploitation Awareness
Arizona Probate Reform

And we appreciate every social media "like" and "share" because, together we get the word out farther and faster.
Thank you to the power of the press and everyone else who raises awareness of guardianship abuse. 

Congratulations to 2015 duPont Award Winner WFTS Tampa for: Incapicated: Florida's Guardianship Program

WFTS-TV, Tampa

Incapacitated: Florida's Guardianship Program

An investigative team uncovers rampant abuse and fraud by court appointed guardians

WFTS-TV’s ABC Action News I-Team zealously followed up on a tip by launching an in-depth

investigation into Florida’s court-appointed guardianship program, which affects tens of thousands of people. The resulting series of reports exposed astonishing stories of elderly people stripped of their rights and property by self-serving “guardians.” Their homes, personal property and vehicles were often sold for a small percentage of their actual worth and then resold by guardians’ friends for huge profits. The team first followed 99-year-old Willi Berchau, who had been locked into a dementia ward after being determined “incapacitated’ three times by panels hired by the court. It was immediately clear that Berchau was not incapacitated, but was an intelligent, alert remarkable man. The reporters searched through records, spoke with family members and confronted some of the guardians with clear evidence of their misdeeds. As a result, this summer a new guardianship reform bill led to legislative changes to help protect others. 

 

Adam Walser, investigative reporter; Fran Gilpin, investigative producer; Randy Wright, I-Team photographer; Doug Iten, executive producer of Special Reports.

Source:
2015 DuPont Awards
Note:  NASGA congratulates Investigative Reporter Adam Walser and the fantastic staff of the ABC Action News I-Team for this prestigious award and we extend our deepest gratitude for their hard-hitting investigative series on the subject of guardianship abuse.   

The power of the press not only freed wrongfully guardianized  Willi Berchau, but it informed the unwary public who may not have ever heard of adult guardianship abuse, and now - thanks to this fine reporting, can take measures to protect themselves.  Thank you, ABC Action News I-Team!

Another ward speaks out after spending nine years in Florida's professional guardianship system

The I-Team has been exposing issues with Florida's professional guardianship system for more than a year, leading to changes in the law and helping one man get his freedom back.

 

Now another ward is speaking out about her own experience with the program.

 

Litta Flynn, who has no family in Florida, was taken into guardianship nearly a decade ago when the state became concerned she might be financially exploited.

 

“I'm not entitled to have anything I want and that I need,” Flynn said when she first met with the I-Team in July.

 

Flynn, who is now 86, was once a glamorous fashion model and a world traveler.

 

She reached out to the I-Team asking for help in replacing her court-appointed guardian, who she said denied her the ability to purchase basic necessities like fresh food, toiletries, eyeglasses and even a new mattress.

 

“I shouldn't have to live my life this way. It really isn't living. I'm just vegetating,” she said at the time.

 

Her guardian was appointed in 2005 after Flynn's bank called the Florida Department of Children and Families when Flynn tried to cash out a CD following her husband's death.

 

“I just wanted to consolidate my money into one bank. I had several at the time,” Flynn said. “And I didn't want these statements from all these banks coming in.”

 

Flynn was evaluated by a psychiatrist and found to be incapacitated by the court.

 

In the psychiatrists’ report, he references the fact that he has spoken to her court appointed temporary guardian, who told him Flynn was vulnerable to exploitation.

 

According to Flynn, the doctor spent just a few minutes examining her.

 

Flynn denies that she has ever been incapacitated.

 

"I know what I want and what I'm doing,” she told us in July.

 

Flynn originally approached a volunteer at her assisted living facility about her situation.

 

That person called us after seeing our stories about guardianship issues, specifically the case of Willi Berchau , who was wrongly placed in an Alzheimer's unit at the age of 99.

 

“You see nobody. You have no contact with anybody. It's no socialization,” Berchau told us at the time.

 

Berchau was moved to a less restrictive unit after we started asking questions.

 

He later petitioned the court for another capacity hearing.

 

Berchau was evaluated by another doctor, had all of his rights restored and was released from the guardianship program.

 

Litta Flynn also felt alone.

 

“There was nobody to help me. I was all by myself and had nobody to turn to,” said Flynn, who told us that letters she wrote to her guardian were mostly unanswered.

 

She said her guardian only met with her in person a few times during her nine years under court appointed guardianship.

 

After meeting with us, and turning to Willi for advice, Flynn also wrote to the court.

 

Her guardian resigned. Flynn's capacity was restored after she was evaluated by another doctor and she recently went back to court, where she got back most of her rights.

 

“I feel wonderful. I'm so happy that everything is over with, completely over with. I couldn't be happier,” she said coming out of the courthouse.

 

She's now speaking out about a system she said left her feeling helpless for nine years.

 

“It definitely shouldn't be that way, but that's the way it is when you don't have somebody to stick up for you. You need someone to help you,” Flynn said.

 

Flynn hopes the state will give more power to the Department of Elder Affairs to take enforcement action when they identify cases of guardianship neglect or abuse.

 

Currently, it is largely up to courts to police themselves and the guardians they appoint.

Source:
Another ward speaks out after spending nine years in Florida's professional guardianship system

Congratulations ABC Action News I-Team and Adam Walser!

The Society of Professional Journalists gladly recognizes the recipients of the Sigma Delta Chi Awards,  which recognize exceptional professional journalism produced in 2013.

Judges selected 85 honorees from nearly 1,800 submissions. Entries included selections from television and radio broadcasts, newspapers, online news outlets and magazines:

Investigative Reporting (Large-Market Station: 1-50 market)
Incapacitated: Florida's Guardianship Program — Adam Walser, Fran Gilpin, Randy Wright & Doug Iten, WFTS-TV

Source:
Announcing the 2013 Sigma Delta Chi Award winners

See Award Winning Report!

ABC Action News I-Team's Report Sparks Proposed Changes in Florida Guardianship Law

Weeks after 99-year-old Willi Berchau was released from Florida's Guardianship Program, his story is prompting a local lawmaker to reform the state guardianship law.

Florida Sen. Jeff Brandes (R-Pinellas County) is sponsoring new legislation after seeing the I-Team's report featuring Berchau's story.

Surrounded by friends and supporters, Berchau celebrated returning to the retirement community he calls home.

“I almost lost hope," he said. "I figured I would never be back at this place."

The I-Team uncovered that Berchau had been locked away in a dementia unit at an assisted living facility by a professional guardian last summer after being declared incapacitated by the state and losing all his rights.

We interviewed him when he was allowed to go on a rare church outing.

“I can dress myself. I can take a shower. I can walk,” said Berchau at the time, questioning why someone would lock him away.

“Many of us had neighbors who, when they heard Willi's case said ‘no this can't happen here,’” said Jane Barr, a former volunteer ombudsman for the state who became involved in Berchau’s efforts to free himself from court-ordered guardianship.

With the I-Team’s stories, a new lawyer and the help of volunteers who called themselves "Team Willi," Berchau was eventually reevaluated, found competent and released.

One person who paid close attention was Sen. Brandes, who is now sponsoring a law to reform Florida's existing guardianship system.

“Willi's story is what prompted it. We heard the story and it was just so compelling and we knew that we needed to do something,” Brandes said.

Hearings begin next week in Tallahassee on the proposed state law.

Brandes said the bill appears to have strong support from other lawmakers.

“They were shocked that it's 2014 and we don't have this kind of legislation in place,” he said.

Another person paying attention was U.S. Sen. Bill Nelson.

“That's one example of an outrageous case,” he said.

In Washington, Nelson is sponsoring the Guardian Accountability and Senior Protection Act, which would provide more federal oversight over state guardianship programs.

“The state courts need to follow up when complaints are filed. It's clear that the courts are not being aggressive enough,” Nelson said.

Meanwhile Berchua has vowed to spend the rest of his life telling his story.

“You people were the ones that helped me," Berchau said. "To me, you are a God given gift. That's all I can say."

He hopes his efforts will keep what happened to him from happening to anyone else.

Berchau has agreed to travel to Tallahassee and testify on behalf of the proposed guardianship bill as it makes its way through committees.

Source:
Story Uncovered by I-Team Sparks Proposed Changes in Florida Law

ABC Action News I-Team: Experts Say Court-Approved Sale Was Below Market Value

INDIAN ROCKS BEACH, Fla. -  The I-Team has uncovered a real estate transaction, done with the court’s approval, potentially benefiting an officer of the court.

The purchase involved an attorney hired to represent a woman who had been incapacitated and placed in Florida’s guardianship system.

 Experts say the attorney didn't pay a fair price for the property and walked away with a big real estate bargain.

 Jacqueline Harwood, now 77-years-old,  lived in the home from the time it was built in the 1940's until last June.

 “This is a good lot here. It's deep and it has water access to the Inland Waterway,” said Arthur Goetz, describing his neighbor’s home. “It’s a nice piece of property.”

 Filled with a lifetime of belongings, it needs updating, but it meets the number one rule in real estate.... location.

 “It's a quiet little street, tucked away in its own private oasis where you can put your boat dock, mangrove lined canals, and when you look out, you can see the Gulf of Mexico. It's something unique,” said Jeff Beggins, a broker for Century 21 who oversees 300 agents in 11 offices.

 The sale of the home was approved by a Pinellas County Probate judge in December for $165,000.

 “I just think that’s way under market value,” said Goetz.

 Harwood was declared incapacitated by a court in June of 2013 after showing signs of dementia, like repeatedly locking herself out of her home and walking down the street in her bathrobe during the day.

Patricia Johnson was appointed as her professional guardian after she told us she was contacted about the case by the Florida Department of Children and Families.

 The I-Team has referred to some of Johnson’s other cases as part of our series of reports on Florida’s guardianship system.

 Johnson moved Harwood into an assisted living center and hired attorney Gary Fernald to serve as Harwood’s guardianship attorney.

 “Typically the lawyer has a relationship with the guardian, but they're both paid out of the assets of the ward,” said retired Hillsborough County Judge Susan Sexton, who has overseen thousands of guardianship cases.

 Sexton says part of the attorney's role is to make sure every transaction involving the ward's assets is done by the book.

 “Absolutely, that is the attorney's role,” she said.

 The sale of Harwood's home would help pay for her future care, but the house was never put on the market by a realtor.

 Court records show, however, that a company called Rebecca Jane and Associates, LLC., which is not a registered company in Florida, offered to buy the home in November.

 Attorney Gretchen-Elizabeth filed that petition to sell the home on Johnson’s behalf.

 When the I-team questioned the transaction, both Gretchen-Elizabeth and Johnson resigned.

 “Shortly after the hearing was set, Mrs. Johnson made the decision to resign as Mrs. Harwood’s guardian,” said Fernald, in an e-mail sent to the I-Team. “At that point Gretchen-Elizabeth canceled the hearing and withdrew her appearance.  Judge St. Arnold signed the first order approving the sale on November 20, 2013.   Mrs. Johnson filed her petition for discharge on November 27, 2013.”

 It turns out the original buyer was actually Gary Fernald, the attorney who asked for Harwood to be incapacitated.

In December, Judge Jack St. Arnold signed an order allowing Fernald to buy his former client's home for $165,000.

Full Article, Video and Source:
I-Team:  Experts Say Court-Appointed Sale Was Below Market Value


Source:
Real Estate Deal Questioned

See Also:
Jeff Brandes:  Bill Would Help Keep Unscrupulous Guardians in CheckABC Action News I-Team:  Al Katz Center Educates and Fights Against Abusive Professional Guardianships

ABC Action News I-Team: Al Katz Center Educates and Fights Against Abusive Professional Guardianships.

Last week, the I-Team was there when 99-year-old Willi Berchau was released from Florida's guardianship program after a three-year court battle.

The I-Team has learned that a local non-profit group has been established to assist other families in avoiding or getting out of court-ordered guardianship.

“It is vast and it is deep,” Beverly Newman said, when asked about how big of a problem was posed by Florida’s professional guardianship program.

“It is an industry with layers of individuals who are profiteering from elders,” she said.

Newman reached out to the I-Team after our investigation into Florida's professional guardianship program.

We've uncovered instances in which judges disregard written wishes of families, then gave control over their lives and finances to professional guardians.

Newman said the same thing happened to her.

“I walked into a land mine I did not imagine,” Newman said.

In 2009, Newman's father Al Katz became sick and was admitted to a Sarasota hospital.

Katz, a Holocaust survivor, was  a snowbird from Indiana.

Newman and her husband left Indianapolis and drove straight to Florida as soon as they heard Katz had become ill.

“We assumed, as his family and his caretakers for eight years, that we should be able to pick him up. No way,” said Newman.

Katz, instead, was appointed a professional guardian by the courts.

Records show the guardian sought and received a "no contact order" preventing Katz's family from taking him home.

“We had no ability to speak to him, visit him. So my father, of course, thought he was abandoned,” Newman said.

Full Article, Video, and Source:
Sarasota non-profit educates, fights against abusive professional guardianships

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NASGA - Al Katz, IN/FL Victim

NASGA - Debbie Woodward, FL Victim>/a>

NASGA - Marie Lubowski Winkelman, FL Victim

Tonight is "open mic night" on T.S. Radio

Our guest for this evening had to cancel at the last minute, so we will be covering some news on guardianship that has occurred over the last few weeks and will take a few calls.

Also:  News about a new ruling on those administrative appointee's they want us to call "judge".

We will be talking at some length about ABC News coverage, and the progress that has been made as a result of this coverage.

I want to thank everyone for their kindness over these last few weeks.  Hopefully by this next week we will be up and running as usual.

5:00 PST … 6:00 MST … 7:00 CST … 8:00 EST

Call in to (917) 388-4520

LISTEN TO THE SHOW LIVE or listen to the archive later

ABC Action News I-Team: Willi Berchau Enjoys First Hours of Freedom From Florida's Guardianship Program!

A man who has spent years under the control of Florida's guardianship program is now free to come and go as he pleases and says it's thanks in part to the I-Team.

The cry from friends and supporters was "Free Willi,”as Willi Berchau battled a court system that he says was working against him.

 He is now out of his court ordered guardianship and is speaking out.

With a smile on his face and a bounce in his step, Willi left his assisted living center for the first time without having to ask permission to go eat pizza.

“I feel like I lost all the problems in my life,” Berchau said.

When we met Willi over the summer, he had been placed in an Alzheimer's unit by his court appointed professional guardian Patricia Johnson.

“If you stayed there any longer, you would mentally go down,” Berchau said back in August.
Berchau had been in a guardianship after he reportedly tried to sell his home for too low of a price back in 2010.

Johnson, who he had never met, asked the court to become his guardian.

“I got the letter from the court to appear in court. Once I appeared in court, I knew that they got me,” Berchau said. “And I couldn't get out.”

Willi was declared incapacitated, lost all his rights and was appointed a guardian.

After he was put into an Alzheimer's unit, we got involved. Days later he was moved to a less restrictive environment.

Last month, he was re-evaluated by a doctor, who found that he had full capacity.

“At my age, I guess I'm doing pretty good,” said Berchau, who will turn 100 in April.

Full Article, Video and Source:
Man enjoys first hours of freedom from Florida's Guardianship Program

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ABC Action News: Willie Berchau is Freed!

ABC Action News: Willie Berchau is Freed!

A man who the I-Team first reported was locked up in an Alzheimer's unit by his court appointed guardian, despite evidence he didn't belong there, just had his rights restored by a judge.

The I-Team first reported the story of Willie Berchau back in September. Berchau had twice been declared incapacitated by the court and was locked up in an Alzheimer's unit at the request of his court-appointed guardian.

His friends and supporters who believed he didn't belong there contacted ABC Action News. Berchau was frustrated with the system. "We have a free society," he said. "I have no rights to decide where I like to live and makes the few days I have left to live so miserable and uncomfortable," said Berchau.

After the interview aired, that all changed. A doctor found that he is capable of exercising all of his rights and recommended that he be discharged from  his court-ordered guardianship and be free to live where he wants.

Berchau's guardian had been opposed to him having his rights restored, saying his condition had actually worsened, but she later withdrew her objection.

Now, a judge has signed an order restoring all of Berchau's rights and ordered his money to be promptly returned to him.

Source:
Man Locked in Alzheimer's Unit by Court-Appointed Guardian is Now Free

See Also:
ABC Action News:  Who is William Bercheau?

Losing Freedom: The ABC Action News I-Team Investigates Florida's Guardianship Program

She met friends for lunch, went shopping at thrift stores and spent dozens of hours at her feed store and at home.

That's what we discovered when the I-Team followed Patricia Johnson for five straight days.

But only once, for approximately 20 minutes, did we see Johnson go to an assisted living facility to check on one of her 50 incapacitated wards.

That's not surprising to some of their family members.

“When you walk into the nursing home and they're like ‘we never see her here, we can never get a hold of her, she's very hard to reach,’” said Amy Eldridge, whose grandmother Rita Eldridge was one of Johnson’s wards.

When asked whether Johnson comes to visit her mother Rebie Jimenez often, Cindy Lee replied, “My mother says no. But then when I ask the staff there, they say never. “

Bills from Johnson's wards' files indicate she's working hard on her wards' behalf.

Under Florida law, Johnson is allowed to use her wards' own money to pay herself $70 an hour for things like banking, opening mail and paying visits.

Her bills can only be submitted twice a year for each ward and have to be approved by a judge.

The I-Team spent more than two weeks pulling hundreds of Johnson's bills from court files and entering them into a spreadsheet.

We discovered that from January 1st, 2010 to December 31st, 2012 Johnson's bills added up to $260,000, an average of nearly $87,000 a year.

Full Article and Source:
Losing Freedom: The I-Team Investigates Florida's Guardianship Program

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ABC Action News I-Team Personal Stories

ABC I-Team Investigation: Family Members Raise New Questions About Guardianship Program in Florida

In September, the I-Team introduced you to Patricia Johnson, a Pinellas Park City Council woman who serves as a professional guardian for 50 wards.

Now, there are new questions about how she handles her cases.

Family members of other wards are now speaking out about their experiences with the professional guardianship program.

“Birthday parties, Christmases, everything. My grandmother raised me for a good section of my life,” said Amy Eldridge.

[In] 2008, Amy's grandmother Rita was declared incapacitated by the court.

Amy says she doesn't know why.

Rita was removed from her house and Patricia Johnson became her court-appointed professional guardian.

Amy's father James took care of his mother in her house at the time.

“There was no family that they knew of when they were going through the process,” Amy said, describing how it was reported to the judge that Rita Eldridge had no one to care for her, even though her father was living in the house with his mother at that time.

Johnson evicted James on Rita's behalf and obtained a nearly $5,000 judgment to pay the legal bill.
Rita Eldridge was moved to a nursing home.

Her own home was sold for less than half its appraised value.

“We were told that, basically, we were stealing if we took anything from the house,” said Amy Eldridge.

As for the sentimental things left in the home, “They were all taken from the house and thrown away. There was no ‘hey, we've gotten everything of value out of this house, if you would like to come rummage through this, you can get what's left. It was ‘everything in the house needs to stay, you just need to go and everything's ours now.’"

Everything was sold for $295 to the same man court records show bought several wards' possessions, including those of Rebie Jimenez for $100.

“I was never allowed into the house to go through any of my mom's belongings or even our items as we were growing up as kids,” said Cindy Lee, Jimenez’s daughter.

Before being incapacitated, Jimenez lived with her husband Fernando, who Patricia Johnson also evicted immediately.

Lee said that her mother’s husband Fernando, who lived in the home for 25 years, was locked out of his residence by Johnson.

He died several days after his wife was taken away.

“I was like wow, how can this have happened? They removed her, then a total stranger came in and took over and then next thing I know, immediately, there was a for sale sign up,” said Lee.

The home sold for $85,000 to an investor, who resold it for $170,000 four months later.

Rebie Jimenez is now in the memory unit at Grand Villa.

Rita Eldridge passed away last November.

“I felt like my grandmother was in prison. I had to go to her warden to make sure everything was ok. So that I could see her,” said Amy Eldridge.

Johnson refused multiple requests for an interview.

Full Article, Video and Source:
Family members raise new questions about guardianship program in Florida

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ABC Action News:  Questionable Guardianship Real Estate Transactions