Judge dismisses AdventHealth from lawsuit by family of man at center of guardianship scandal — for now

Steven Stryker, seen here during his time working for the Environmental Protection Agency, according to his daughter. Stryker died while under the care of Rebecca Fierle, who according to investigators filed a "do not resuscitate order against Stryker's wishes. (Courtesy of Kim Stryker)

By Monivette Cordeiro

A judge has dismissed AdventHealth Orlando from a lawsuit filed by the family of a man who died under the care of a private guardian paid by the hospital company, finding that the plaintiffs failed to comply with Florida’s medical negligence claim requirements.

Robin Treto, one of the attorneys representing the family of 75-year-old Navy veteran Steven Stryker, called the dismissal filed Monday “temporary.”

“We’ll be able to resume claims against AdventHealth in a few months,” he said.

Stryker died May 2019 at St. Joseph’s Hospital after medical staff were unable to attempt to save his life because former guardian Rebecca Fierle signed a “do not resuscitate” order against his wishes and the protests of his daughter, health-care surrogate and psychiatrist.

His death sparked a statewide scandal that led to reforms of Florida’s troubled guardianship system and landed Fierle behind bars on charges of aggravated abuse and neglect of an elderly person.

Stryker was a patient at AdventHealth in 2018 when the hospital asked a judge to declare him incapacitated and appoint Fierle to make all medical, financial, housing, legal and personal decisions instead of his chosen health-care surrogate and friend, Linda Lanier.

Lanier has told the Orlando Sentinel that AdventHealth seemed determined to put Stryker into guardianship and get him discharged from the hospital, despite her efforts to find him a new place to live.

Without the required court approval, Fierle billed AdventHealth for providing services to Stryker and nearly 700 other vulnerable patients over a decade — to the tune of nearly $4 million, according to an audit by the office of Orange County Comptroller Phil Diamond.

Months later at St. Joseph’s, Fierle authorized a DNR order on behalf of Stryker and insisted his feeding tube be capped, despite Stryker stating “several times” he wanted to live and medical staff warning her he could choke and die, according to the Florida Department of Law Enforcement.

Stryker aspirated and went into cardiac arrest, according to the lawsuit. He died May 13.

The lawsuit filed against Fierle and AdventHealth by Kimberly Stryker, the man’s daughter who is in charge of his estate, alleged negligence in her father’s care.

“Rebecca Fierle’s negligence, neglect, abuse, and exploitation of Steven Stryker caused his death,” the lawsuit said. “AdventHealth created, facilitated, and funded the guardianship relationship between Rebecca Fierle and Steven Stryker and is therefore responsible for the actions that led to Mr. Stryker’s death.”

The hospital company argued the complaint is actually a medical negligence claim. Florida law requires that, before filing such a lawsuit, claimants have to conduct an investigation to find “reasonable grounds” for the suit with a corroborating opinion by a medical expert, as well as give 90 days notice to the defendants.

AdventHealth said there are “no allegations” that it played a role in Fierle’s decision to authorize a DNR order on Stryker or that it exercised control over his care after he was discharged from the hospital, court records show.

Treto had argued the claim was not a medical negligence claim because Fierle is not a health care provider like a doctor or surgeon.

“What Rebecca Fierle did and the relationship she had [with AdventHealth], none of that is diagnosed as care or treatment,” he said. “We’re saying they’re ordinary negligence claims.”

When reached for comment, AdventHealth spokesman Bryan Malenius said the hospital company would “continue to respond as appropriate in court.”

Full Article & Source:
Judge dismisses AdventHealth from lawsuit by family of man at center of guardianship scandal — for now

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Ex-guardian Rebecca Fierle may not stand trial in ward’s death until 2021, attorney says

Rebecca Fierle ignored reporters questions after she was released from the Marion County jail Tuesday. The former guardian is accused of abusing and neglecting a ward who died while in her care, 75-year-old Steven Stryker. (Monivette Cordeiro)

By Monivette Cordeiro

Rebecca Fierle, the former Orlando guardian accused of abusing and neglecting an incapacitated client whose death sparked a statewide scandal in Florida’s guardianship system, may not stand trial until 2021 due to the coronavirus pandemic, her attorney said Tuesday.

And a lawsuit filed against Fierle by the family of her dead ward, Steven Stryker, will be delayed even longer after a judge granted her request to put the civil trial on hold until her criminal case is resolved. 

During a hearing Tuesday conducted by conference call, attorney Barry Postman argued Fierle would lose her Fifth Amendment right not to incriminate herself in the criminal case if she was forced to first defend herself against the same accusations in the civil trial.

The disgraced guardian is accused of aggravated abuse and neglect in the death of Stryker, a 75-year-old man who died at a Tampa hospital in 2019. Medical staff were unable to attempt to save Stryker’s life because Fierle had signed a “do not resuscitate” order against his wishes and the protests of his daughter, health-care surrogate and psychiatrist.

Despite Stryker stating “several times that he wanted to live,” Fierle signed the DNR order and opted to have his feeding tube capped May 9, according to the Florida Department of Law Enforcement. Stryker, who was using a feeding tube because he had difficulty swallowing, aspirated and went into cardiac arrest, the suit said.

He died May 13.

“If she testifies in a civil case, she’s going to be compelled to testify in a criminal case,” Postman said. “There is an absolute prejudice.”

But Robin Treto, the attorney representing Stryker’s family, said moving forward was important not only for his client but also for the “elderly and the vulnerable in our community to get justice and reform.”

In his ruling, Circuit Judge Kevin B. Weiss said it was an “undisputed fact” that both cases are based on the same circumstances. The order requires check-ins on the status of Fierle’s criminal case every six months starting in January. 

Weiss’ order does not apply to the other entities being sued — AdventHealth Orlando and Geriatric Management, Fierle’s business. Stryker was a patient at AdventHealth Orlando when the hospital petitioned a judge to declare him incapacitated and appoint Fierle his guardian.

Without telling the court, Fierle billed AdventHealth nearly $4 million over a decade for services she provided to 682 patients and sometimes double-billed her wards for the same services, according to an audit by the Orange County Comptroller’s office. 

Florida Supreme Court Chief Justice Charles Canady suspended all in-person jury trials in March but, as of early July, courts are allowed to loosen those restrictions when local public health conditions improve — though no courts in Florida have met the criteria.

“It does not appear that there will be any — no one knows for sure — jury trials in the rest of this calendar year in criminal cases, at least,” said Warren Lindsey, Fierle’s attorney in her criminal case out of Hillsborough. “We expect the case to be resolved sometime in calendar year 2021.”

Fierle has denied wrongdoing and pleaded not guilty.

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Ex-guardian Rebecca Fierle may not stand trial in ward’s death until 2021, attorney says

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Ex-guardian Rebecca Fierle asks judge to pause lawsuit by family of man who died under DNR

Rebecca Fierle, the disgraced guardian at the center of Florida's guardianship scandal, was released from the Marion County jail on Tuesday, February 11, 2020, the morning after her arrest on charges of aggravated abuse and neglect of an elderly person.(Monivette Cordeiro / Orlando Sentinel)

Disgraced ex-guardian Rebecca Fierle is asking a judge to pause a lawsuit recently filed against her by the family of a client who died while under her care, citing the criminal charges she’s facing in connection with his death.

Both the lawsuit and the case brought against Fierle by the Florida Department of Law Enforcement center on a common accusation: She signed a “do not resuscitate” order for ward Steven Stryker against his wishes and those of his daughter, health care surrogate and a psychiatrist.

Because the suit and criminal case are so similar, attorney Kara S. Graham argues in a newly filed motion, Fierle would have “no plausible ability to defend herself in this new civil proceeding without forfeiting her constitutional rights in the pending criminal proceeding.”

“The most important factor is the degree of overlap between the criminal charges and the civil claim. Here the events, essential facts, and general allegations to be determined are the same," Graham wrote. "Equally important, [Fierle] is the key witness in both proceedings.”

Stryker, a 75-year-old Navy veteran, died last May at St. Joseph’s Hospital in Tampa. Fierle was arrested in February on charges of aggravated abuse and neglect of an elderly person after a lengthy FDLE investigation.

Despite Stryker stating “several times" that he wanted to live, Fierle signed the DNR and opted to have his feeding tube capped May 9, 2019, FDLE said. Stryker, who was using a feeding tube because he had difficulty swallowing, aspirated and went into cardiac arrest, the suit said.

Stryker’s daughter, Kimberly Stryker, in her lawsuit alleges Fierle “preyed” on his vulnerability and abused him. She is also suing AdventHealth Orlando, where Stryker was a patient when the hospital petitioned a judge to declare him incapacitated and appoint Fierle his guardian.

“This case is about how Rebecca Fierle and AdventHealth — who were both trusted by hundreds of vulnerable adults and the Florida court system — took advantage of Steven Stryker... and robbed him of his right to live,” said the lawsuit, filed in March in Orange County Circuit Court. “As a result of their negligence, abuse, and neglect, Mr. Stryker died.”

Graham’s motion to stay the lawsuit was filed Wednesday. No hearing has been set and Circuit Judge Kevin B. Weiss has not filed a ruling.

A probe of Stryker’s death by the Okaloosa Clerk’s and Orange Comptroller’s Office, details of which were first reported by the Orlando Sentinel, sparked a scandal that embroiled Florida’s entire guardianship system.

Investigations found Fierle had routinely abused DNRs and unearthed conflicts of interest in her handling of cases, as well as that AdventHealth Orlando had paid her nearly $4 million over a decade to care for vulnerable patients, an arrangement not allowed without court approval.

Meanwhile, the Sentinel in a series of special reports revealed potentially widespread conflicts of interest in Florida’s guardianship system and loopholes in the state laws that govern guardians.

State lawmakers have since reformed the guardianship system, addressing several loopholes the Sentinel’s reporting exposed, including by requiring guardians to get a judge’s approval before signing DNRs, prohibiting them from seeking their own appointment to specific cases and revising provisions related to conflicts of interest.

Fierle, who had an office in Orlando and had been assigned hundreds of wards across at least a dozen counties, resigned amid the scandal. She is still under investigation by the FDLE, the Orange County Sheriff’s Office and Florida Attorney General’s Office.

She has denied wrongdoing and pleaded not guilty.

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Click to Watch Video

For a second time, a panel of judges has dismissed an appeal by former Orlando guardian Rebecca Fierle, who sought to quash an Orange County judge’s order finding she violated state rules by misusing “do not resuscitate” orders on incapacitated clients.

The Fifth District Court of Appeal in Daytona Beach on Thursday tossed Fierle’s appeal, in which she argued Circuit Judge Janet C. Thorpe overstepped when she wrote in a Sept. 12 order that she had “no confidence in Ms. Fierle’s actions, reliability, or truthfulness as a professional guardian.”

“This court finds probable cause to permanently remove Rebecca Fierle from any appointment in Orange County as a professional guardian,” Thorpe wrote.

The embattled guardian, who had overseen hundreds of wards across the state, was arrested last month on charges of aggravated abuse and neglect of an elderly person in the death of 75-year-old Steven Stryker, an incapacitated client who died at a Tampa hospital in May.

Medical staff were unable to attempt to save his life because Fierle had signed a DNR order against his wishes and the protests of his daughter, health-care surrogate and psychiatrist.

The court-appointed decision maker later admitted to routinely filing DNRs on her wards.

Fierle’s attorney, Harry Hackney, argued in the rejected appeal that Thorpe’s decision should be reversed because she wrongly suggested the guardian needed permission from a judge or family members before signing a DNR for a ward.

“[Fierle] can consult family and friends to discern what the ward would have done when competent,” Hackney argued. “She is NOT required to get their permission nor the court’s.”

Attorney General Ashley Moody’s office called that a “strawman argument.” Thorpe did not object to Fierle signing DNRs on behalf of incapacitated clients but rather to her doing so against wards’ wishes, like in Styker’s case, said Senior Assistant Attorney General William H. Stafford III.

“The circuit court found probable cause that [Fierle] failed to act in the best interest of at least one of her wards by signing a DNR, not that court approval was required in all instances,” Stafford wrote.

In November, the appeals court denied a separate petition by Hackney that sought to remove Thorpe from the case.

Hackney did not immediately respond to a request for comment Friday.

The Stryker case embroiled Florida’s guardianship system in scandal. Since Fierle resigned from all cases statewide in July, further investigations have found she mismanaged wards’ fiances, double-billed for services and improperly billed AdventHealth Orlando for nearly $4 million in unauthorized payments.

A series of Orlando Sentinel special reports exposed gaps in Florida’s guardianship system, including potential conflicts of interest on committees that determine whether a person should be placed under guardianship and loopholes that allow guardians to seek their own appointments, despite state law generally requiring a rotation system.

State lawmakers passed legislation Wednesday to fix those flaws by requiring guardians to get a judge’s approval before signing DNRs on behalf of incapacitated clients, prohibiting them from seeking their own appointment to specific cases and revising provisions related to conflicts of interest.

If signed by Gov. Ron DeSantis, the law would go into effect July 1.

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MARION COUNTY, Fla. -- A professional guardian who was under criminal investigation for the death of a man under her care has been arrested in Marion County Monday night.

The guardian, Rebecca Fierle, is being charged with aggravated abuse of an elderly person and neglect of an elderly person.

Fierle captured headlines across the state after she was accused of issuing a do not resuscitate order for a person she cared for without the court's permission.

The Price of Protection

Investigations showed Steven Stryker, a 74-year-old man who was under Fierle's care, did not want a do-not-resuscitate order (DNR) and stated several times that he wanted to live. Despite the elderly man's request, as well as wishes of the man's family, Fierle ordered his doctors to "not perform any life prolonging medical procedures," according to a release from the Florida Department of Law Enforcement.

FDLE issued a warrant for Fierle's arrest and on Monday, she was arrested by the Marion County Sheriff's Office.

Investigators said Fierle also demanded that the elderly man's feeding tube be capped, which happened on May 9, 2019. Days later, Stryker choked to death while at the hospital.

FDLE says investigation will continue and the case remains active.

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FDLE says Fierle faces 1 count of abuse of an elderly person, 1 count of neglect of an elderly person

Rebecca Fierle Arrest Video

MARION COUNTY, Fla. – The Marion County Sheriff’s Office released the video of the arrest of former Florida guardian Rebecca Fierle.

Fierle was arrested on Monday. 

She is facing charges of abuse and neglect of an elderly person. 

The video shows Fierle discuss bond options with the officer before she is handcuffed and placed in the patrol car.

Fierle posted bail on Tuesday morning.

The Florida Department of Law Enforcement said Fierle was arrested and is facing one count of abuse of an elderly person and one count of neglect of an elderly person in regards to the case of 74-year-old Steven Stryker.

The Office of Statewide Prosecution is prosecuting the case, according to FDLE.

She is accused of placing do not resuscitate orders on clients who did not want them.

She's admitted to doing so in court.

A state investigation reveals one of her clients may have died as a result. According to a statement from the FDLE, the investigation began after a complaint to the Office of Public and Professional Guardians about Stryker’s death, he was under the guardianship of Fierle.

FDLE said the investigation shows Stryker did not want a do not resuscitate order and stated several times he wanted to live.

The investigation shows the elderly man did not want a do not resuscitate order (DNR) and stated several times that he wanted to live.”

Medical professionals who examined him believed he was capable of making end-of-life medical decisions for himself and informed Fierle-Santoian that her client had a strong desire to live and that he understood his condition. Despite the wishes of the elderly man and those of his family and friends, Fierle-Santoian ordered his doctors not perform any life-prolonging medical procedures saying she preferred “quality of life versus quantity of life.”

In addition to the DNR, Fierle-Santoian insisted the victim’s feeding tube be capped ignoring doctors who told her this would likely cause his death. The man also requested that he continue receiving nutrition through the feeding tube. Contrary to the advice of medical professionals, Fierle-Santoian obtained an order to cap the feeding tube which was capped on May 9, 2019. The man died on May 13, 2019 at a Tampa hospital.

State investigators contend Fierle’s decision to place the order against Stryker’s wishes caused his death.

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Moody says Rebecca Fierle’s appeals should be dismissed

Click to Watch Video

TALLAHASSEE, Fla. – Florida’s Attorney General is firing back against a former Central Florida guardian under criminal investigation for how she treated patients.

Last month, Rebecca Fierle’s attorney filed appeals saying an Orange County circuit judge had no right to remove Fierle from her guardianship cases and didn’t give her notice to respond to the allegations.

Her attorney, Harry Hackney, says Florida law protected Fierle, allowing her to place do not resuscitate orders on her clients with or without their permission, or the permission of the court.

Attorney General Ashley Moody says Fierle’s claims of innocence have no merit and should be dismissed.

Moody also says the circuit judge who removed Fierle from all of her Orange County guardian cases had the right to do so.

Already, one of Fierle’s appeals over being banned as a guardian has been thrown out because Fierle’s attorney did not respond to a Nov. 4 order to show cause. Fierle resigned from all of her cases in July.

Fierle’s lawyer told News 6 he actually allowed that case to be dismissed and is instead focusing on the other two that are still in play.

The lawyer said he has 20 days to file a response to the attorney general’s findings.

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Watchdog: Attorney for Embattled Guardian Wants Judge Removed from Case

Embattled professional guardian Rebecca Fierle appearing before a judge in court. (Spectrum News file)

ORLANDO, Fla. — An attorney for embattled professional guardian Rebecca Fierle filed appeals this week to try to overturn a judge’s ruling that Fierle violated state rules by misusing 'Do Not Resuscitate' orders.

• Attorney for Rebecca Fierle wants Judge Janet Thorpe off the case
• CHART: Senior Care in Question: The Rebecca Fierle Case Explained
• READ THE PETITIONS:
  • Petition to remove Judge Janet Thorpe from case
  • Petition to overturn ruling made by Judge Thorpe

Spectrum News’ Watchdog team obtained copies of those two petitions filed by Fierle’s attorney on Monday in the Firth District Court of Appeals.

The petitions ask a judge to reverse Judge Janet Thorpe’s order, as well as to remove Thorpe from any further proceedings.

Fierle’s attorney argued that Thorpe had “no further authority to proceed to remove or permanently remove or discipline a professional guardian, who is regulated by the Florida Department of Elder Affairs.”

Fierle’s attorney went on to say in his argument that, per state code, disciplinary action for professional guardians is handled by the Office of Public and Professional Guardians.

The former guardian’s attorney also claimed the judge was wrong in saying that Fierle needed to have permission or notify the courts and family members before signing off on DNRs.

Following an investigation by the Orange County Comptroller’s office, Thorpe found probable cause to remove Fierle from appointment in Orange County as a professional guardian. Her attorney argued that there was no hearing to allow Fierle to review and contest the findings.

Full Article & Source:
Watchdog: Attorney for Embattled Guardian Wants Judge Removed from Case

Audit: Florida guardian had wards with no court supervision

by Mike Schneider

ORLANDO, Fla. (AP) — A former Florida guardian accused of filing "do not resuscitate" orders without her clients' permission had authority over hundreds of wards without court supervision, according to an audit released Thursday.

The audit by the Orange County Comptroller's office said Rebecca Fierle billed $3.9 million to the AdventHealth medical system in the past decade for acting as a guardian for 682 incapacitated patients in legal and health care matters.

Less than a third of those clients were in Florida's guardianship system, while the rest weren't and had no court oversight. AdventHealth paid Fierle $2.8 million for clients under court supervision and another $1.1 million on behalf of those clients without court supervision, according to the audit, which refers to the unsupervised wards as "Group 2" patients.

Florida law prohibits a guardian from having business relationships with a ward without court approval or notification.

"It is clear how guardianship is established under Florida law," the audit said. "However, it is not entirely clear how Ms. Fierle obtained the authority to act and exercise discretion over the Group 2 patients."

Fierle had 450 guardianships when she resigned amid a criminal investigation this summer. Authorities began probing her work after the death of a 75-year-old man in a Tampa hospital whose doctors were barred from trying to save his life because Fierle had filed a "do not resuscitate" order. Investigators said that order went against his family's wishes.

The controversy prompted the resignation of Florida's director Office of Public and Private Guardians, Carol Berkowitz, at the request of Florida Elder Affairs Secretary Richard Prudom this summer.

Gov. Ron DeSantis also called for a vigorous investigation into the state's guardianship program.

According to the audit, in one case, Fierle was paid almost $289 for paying bills and discussing with the ward about a storage unit whose contents were about to be auctioned off because a $299 bill wasn't paid. The storage unit bill was never paid to stop the auction, despite Fierle being paid, the audit said.

The audit identified other cases where Fierle double-billed AdventHealth or billed the health care system for cases that belonged to other guardians.

The audit also uncovered instances where "do not resuscitate" directives had been obtained for Fierle's wards not under court supervision. The audit recommended a review of those decisions.

Fierle's attorney, Harry Hackney, didn't immediately respond to an email seeking comment on Thursday.

AdventHealth spokesman Bryan Malenius said in an email that officials at the hospital system were "surprised and dismayed" by the audit findings that Fierle improperly billed them and withheld information from the court.

"We are committed to lending our voice to reforming the guardianship system because it is core to our mission to ensure those who need this kind of help are cared for and protected," Malenius said.
___

This story has corrected the spelling of AdventHealth. It is AdventHealth, not Advent Health.

Full Article & Source:
Audit: Florida guardian had wards with no court supervision

Ex-guardian Rebecca Fierle violated laws in handling of ward who died, state agency concludes

By Jeff Weiner

Rebecca Fierle, the former professional guardian currently under criminal investigation, violated state laws and guidelines in her handling of incapacitated clients, a state agency determined in late July, according to public records released this week.

In a pair of letters to Fierle dated July 29, four days after she resigned from all cases statewide, the state’s Department of Elder Affairs wrote that she had “failed persons served by guardianship and the families who entrusted their loved ones to [her] care.”

Because Fierle is no longer a guardian, the agency doesn’t plan to take any action against her.

Among those the agency found Fierle failed was Steven Stryker, the 75-year-old man who died in a Tampa hospital after staff said they were prevented from attempting to save his life due to a “do not resuscitate” order the Orlando guardian filed against his wishes.

In a letter concerning Fierle’s guardianship of Stryker, Elder Affairs found several violations:

• She violated state law by “not allowing persons who were determined to be incapacitated to be treated humanely, with dignity and respect, and to protect them against abuse, neglect, and exploration.”
• She violated another statute by “not acting within the scope of the authority granted by the court and as provided by law, and by not acting in good faith.”
• She broke with guardianship standards by “not knowing the extent of [her] powers and the limitations of authority granted ... by the Court" and “by withholding or withdrawing medical treatment against the Ward’s expressed wishes.”
• She also “failed to gather and document information and seek the court’s order or direction when the best interest of your business were in direct conflict with the ward’s wishes.”

“Your conduct negatively impacted the integrity of the Florida Guardianship System and you defamed good and ethical guardianship and the honest, skilled, and compassionate public and professional guardians throughout the state of Florida,” the agency wrote.

In the second letter, Elder Affairs listed other violations, including that Fierle had mishandled a ward’s special needs trust account and purchased “large dollar amounts of gift cards” against the ward’s interest. It was unclear which of Fierle’s hundreds of wards the letter was concerning.

The letter also didn’t make clear what the gift cards were used for.

Elder Affairs’ findings were based on investigations by the state’s Office of Public and Professional Guardians, which handles complaints against guardians. The agency was “unable to substantiate” allegations against Fierle in three investigations it concluded after Stryker’s May 9 death, records show.

“Your conduct negatively impacted the integrity of the Florida Guardianship System and you defamed good and ethical guardianship and the honest, skilled, and compassionate public and professional guardians throughout the state of Florida,” the agency wrote.

The investigations by OPPG are separate from criminal probes of Fierle currently being conducted by the Florida Department of Law Enforcement and the state’s Office of Attorney General.

“During the course of the investigation, your state registration was voluntarily revoked, which is tantamount to a permanent revocation. You are no longer registered as a professional guardian, therefore, the OPPG considers this administrative matter closed,” the late-July letters said.

The scandal surrounding the Orlando-based guardian, which has embroiled the state’s guardianship system and led officials including Gov. Ron DeSantis to promise changes, began with an investigation into Stryker’s death by the Okaloosa County Clerk of Circuit Court and Comptroller.

That agency, which was investigating on the behalf of OPPG as part of the Clerks’ Statewide Investigations of Professional Guardians Alliance, found Fierle violated standards requiring wards to be “treated humanely, with dignity and respect, and to be protected against abuse.”

The agency also cited criminal statutes, including aggravated manslaughter of an elderly person or disabled adult and neglect of an elderly person or disabled adult.

Fierle is not currently facing any criminal charges. 

She and an attorney representing her did not immediately respond to a request for comment.

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Ex-guardian Rebecca Fierle violated laws in handling of ward who died, state agency concludes

State confirms mass resignations at Florida watchdog office overseeing guardianship abuse

TALLAHASSEE, Fla. — The I-Team has uncovered mass resignations at the state watchdog assigned to investigate guardianship abuse — news that comes in the wake of a criminal investigation into a former guardian accused of killing a man under her care.

Seven employees at the Office of Public & Professional Guardians have resigned since April, according to records obtained by I-Team Investigator Adam Walser.

The majority of those resignations came after an I-Team report in July about embattled former professional guardian Rebecca Fierle, who is under criminal investigation for accusations she caused the death of a man under her care by issuing a "Do Not Resuscitate" order without permission.

Last month, the Department of Elder Affairs confirmed the resignation of Carol Berkowitz, the former director of OPPG who departed on July 12 — the same day as the I-Team’s report on Fierle.

But when the I-Team asked about other resignations, a department spokeswoman denied there had been mass departures from the office.

At the time, Elder Affairs spokeswoman Ashley Chambers told an ABC Action News reporter for the Tallahassee bureau that concerns about resignations were rumors.

But three weeks later — after the I-Team requested all resignation letters — Chambers confirmed the mass departures late Friday afternoon.

Internal agency records show Deputy Director Amelia Milton, Senior Staff Attorney Michael McKeon, the statewide public guardian manager, a guardian registrar and staff assistants also resigned from their positions

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State confirms mass resignations at Florida watchdog office overseeing guardianship abuse

Cremated remains of 9 people found at Orlando office of disgraced former guardian Rebecca Fierle

Geriatric Management, Rebecca Fierle’s business at the corner of Hillcrest Street and Altaloma Avenue just northeast of downtown Orlando. (Jeff Weiner / Orlando Sentinel)

The cremated remains of nine people were found by law enforcement officers who searched the Orlando office of disgraced former professional guardian Rebecca Fierle this week, the state’s Office of Attorney General said Wednesday.

“As this investigation continues, we will be focusing on whose cremains are in the urns, medical records that identify the cause of death, how long the cremains have been in the target’s office and much more,” Kylie Mason, a spokeswoman for Attorney General Ashley Moody, said in a statement. “As this is a very active criminal investigation, we cannot comment further at this time.”

The Florida Department of Law Enforcement and the Orange County Sheriff’s Office executed a search warrant Monday at 1646 Hillcrest St., a small converted house northeast of downtown Orlando that serves as an office for Fierle’s business, Geriatric Management.

FDLE launched a criminal probe into the court-appointed decision maker last month, after a state investigation found one of her incapacitated clients, 75-year-old Steven Stryker, died at a Tampa hospital in May following Fierle’s refusal to remove a “do not resuscitate” order she filed against his wishes.

FDLE spokesman Jeremy Burns confirmed the agency found cremated remains at Fierle’s office but could not provide more details and directed inquires to the attorney general’s office.

Fierle is not currently facing criminal charges. Her attorney did not immediately respond to a request for comment Wednesday.

Rebecca Fierle

It is not uncommon for guardians to temporarily have the cremated remains of dead clients until a final resting place is found, said Gina Rossi-Scheiman, executive director of the Florida State Guardianship Association, a statewide organization of about 580 members, including guardians, attorneys and others associated with guardianship cases.

Guardians are responsible for incapacitated people who may be homeless or indigent with no family to claim them.

“In most of these cases, the reason a professional guardian or a public guardian has been assigned is because there is nobody for the individual,” Rossi-Scheiman said. “At times, you’re the only person in somebody’s life.”

If the deceased ward left no instructions and no family member exists or is available, Florida law gives guardians legal authority over the remains.

Rossi-Scheiman said, in her experience as a guardian, she’s had to pick up a ward’s remains from a cremation company to send to a family member because no one else could do it. Guardians are tasked with making end-of-life decisions for wards, including prepaid burial plans and funeral arrangements with families, she said.

“It’s possible for you to be in possession of someone’s remains because you’re caring for that person and making sure they’re put in the proper place where somebody needs to be laid to rest, whatever those wishes are,” Rossi-Scheiman said.

Rossi-Scheiman did not want to comment on Fierle’s case, but said “everybody is concerned.”

“We’re waiting to see what happens,” she said.

Investigators with the Okaloosa County Clerk of Circuit Court and Comptroller found hospital staff could not perform life-saving procedures on Stryker because of the DNR. Fierle told investigators she routinely filed DNRs on the behalf of clients. Circuit Judge Janet Thorpe, in seeking Fierle’s removal from 95 Orange County cases in July, found that Fierle had “abused her authority” by doing so without permission from the court or families. Fierle has since resigned from all of her cases statewide.

Fierle told investigators she filed a DNR on Stryker because it was “an issue of quality of life rather than quantity,” wrote Andrew Thurman, an auditor and investigator for the Okaloosa Clerk. His report alleged Fierle’s decision amounted to "the removal of care necessary to maintain the ward’s physical health” and cited criminal statues.

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Cremated remains of 9 people found at Orlando office of disgraced former guardian Rebecca Fierle

Cremated remains of 9 people found in office of embattled Central Florida guardian

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ORLANDO, Fla. — The cremated remains of nine people were found in the office of an embattled professional guardian linked to the death of a 75-year-old Florida client, Florida Attorney General Ashley Moody said.

Moody revealed the discovery Wednesday in an interview with The News Service of Florida.

The Florida Department of Law Enforcement and Orange County Sheriff’s Office executed a search warrant at Rebecca Fierle's Orlando office Monday.

"Alarmingly, we found items that are cause for concern and will intensify our investigation. We found nine cremains. We are now in the process of identifying those and furthering the investigation," Moody said.

A Central Florida attorney told WESH 2 News that it’s not uncommon for wards to have the remains of the people they are caring for.

Fierle is facing a criminal investigation and the governor has ordered a complete review of the Department of Elder Affairs' Office of Public and Professional Guardians.

That followed revelations that Fierle signed 'Do Not Resuscitate,' or DNR orders, for most of her wards.

Court records reviewed by WESH 2 News show Fierle has handled more than 800 Guardian cases in nine local counties over two decades.

Fierle’s wards were individuals who are physically or mentally incapacitated and are appointed a guardian.

Fierle has resigned from all of her guardian cases in 14 counties writing, "I will not be seeking reappointment in any cases, nor will I seek future appointments as a guardian."

The controversy over Fierle’s actions began after the death of a man who hospital workers would not treat because investigators say Fierle filed a "do not resuscitate" order without consent from his family.

"Anytime you have allegations where Do Not Resuscitates, DNR's, were executed in an unlawful manner, and then you conduct a search warrant and find multiple actual urns with remains in the office, that is concerning in an investigation. So, this will only help us in the investigation. Certainly, we will continue our efforts and make sure the necessary witnesses are interviewed and develop a full case," Moody said.

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Cremated remains of 9 people found in office of embattled Central Florida guardian

Federal legislation filed to address guardianship issues as scandal embroils Florida’s troubled program

Jack Meagher says his court-appointed guardian, Rebecca Fierle, doesn't respect his wishes, and he doesn't need someone to make decisions for him.

As Florida’s guardianship program is under increased scrutiny with the revelation that a client died after his Orlando guardian filed a “do not resuscitate” order against his wishes, federal lawmakers on Wednesday filed bipartisan legislation to expand protections for incapacitated people.

The Guardianship Accountability Act would expand oversight and data collection “to hold guardians accountable” by creating a national resource center and expanding background checks and communication between local, state and federal organizations, U.S. Rep. Darren Soto’s office said in a statement.

“It is our duty in Congress to speak up and protect the most vulnerable members of our communities,” said Soto, D-Kissimmee, in a statement. “In Orlando, we saw firsthand the abuse of a former guardian which led to a preventable death. We owe it to our seniors and to those living with disabilities to provide protections from ill-intended bad actors who abuse the system designed to provide a better quality of life."

The scandal in Florida was sparked by the death of 75-year-old Steven Stryker, a ward of Orlando professional guardian Rebecca Fierle. Despite Stryker’s stated desire to live, corroborated by his daughter and a psychiatrist, Stryker died after Fierle refused to rescind a DNR order she had filed, which prevented staff at a Tampa hospital from attempting to save his life, a state investigation found.

It has since emerged that Fierle routinely filed DNRs on behalf of her wards without court approval. She resigned as a professional guardian statewide as judges across Central Florida launched removal proceedings against her after details of the Stryker case, first reported by the Orlando Sentinel, came to light. Fierle is currently under criminal investigation by the Florida Department of Law Enforcement.

State agents searched the Orlando office of Fierle’s company, Geriatric Management, on Monday, finding the cremated remains of nine people, according to the state’s Office of Attorney General.

Soto was joined by fellow Florida congressmen U.S. Rep. Charlie Crist, D-St. Petersburg, and Gus Bilirakis, R-Palm Harbor; Michigan Democratic U.S. Rep. Debbie Dingell; and U.S. Sens. Susan Collins, a Maine Republican, and Bob Casey, a Pennsylvania Democrat, in introducing the act.

“Guardianship abuses are resulting in seniors literally being held against their will, isolated from family members and friends, their assets liquidated and drained by unscrupulous people gaming a broken system,” Crist said in a statement. “... This legislation brings federal resources to bear, providing the missing transparency needed to understand where problems exist with a better ability for stakeholders to track outcomes across disparate state court systems nationwide.”

Said Bilirakis: “It is said that the strength of a society can be judged based upon how it treats its most vulnerable populations. We’ve seen from recent examples in the news, and alarming rates of elder abuse throughout Pasco and Pinellas counties, that guardianship is an area where we can and must do better in order to ensure the protection of our seniors.”

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Federal legislation filed to address guardianship issues as scandal embroils Florida’s troubled program

Guardian care reform eyed

CRESTVIEW — An Okaloosa County Clerk of Circuit Court and Comptroller investigation of embattled guardian Rebecca Fierle found she may have violated the law when she filed a do not resuscitate order without her ward’s, the family’s or the court’s permission.

Her ward, 75-year-old Steven Stryker, died May 13 at St. Joseph’s Hospital in Tampa. He had a chronic condition that required him to have an EGD periodically to allow him to eat solid foods. However, medical staff were prevented from attempting to rescue him when he began choking because of Fierle’s DNR order.

Okaloosa County is one of six clerk’s offices in Florida accredited to do investigations for the Clerk’s Statewide Investigations of Professional Guardians Alliance. It issued its investigative report July 9 that includes a finding the Fierle committed aggravated manslaughter of an elderly person or disabled adult, a first-degree felony.

The Florida Department of Law Enforcement has opened its own investigation into Fierle.

“We certainly don’t want to speak for the FDLE,” said JD Peacock, Okaloosa County’s Clerk of the Circuit Court and Comptroller. “This is what we think they may look into. Our report speaks for itself.”

Clerk investigator Andrew Thurman spoke to the embattled Fierle, who lives in Orlando. A guardian for at least 10 years, Fierle resigned July 25 from all 450 of her court-appointed guardianships in 13 counties.

Elaine Renoire, president of the National Association to Stop Guardian Abuse, said many of its members have complained about Fierle for years but that the complaints fell on deaf ears.

“How many complaints does it take?” Renoire asked. “Does it take a death? Apparently it does take a death. Life and death decisions should go to the court and a judge should decide.”

Fierle told the Okaloosa investigator that “because she was the court-appointed guardian, she had the authority to decide on end of life care and life-saving procedures.”

During her interview, she said she understood Stryker was estranged from his daughter and son. She said it was “difficult” to find places to accept and treat Stryker because he was a registered sex offender. Fierle mentioned that a DNR “was an issue of quality of life rather than quantity” and she filed them regularly.

Fierle also claimed she discussed life-saving care with Stryker and that “he agreed to the DNR being in place,” the report said, contradicting statements made by his daughter’s, a Tampa doctor and a friend to the Okaloosa investigator.

Kim Stryker, who lives in Washington, D.C., filed a complaint May 9 with the Florida Department of Elder Affairs’ Office of Public and Professional Guardians. In her complaint, she said her father expressed a desire to live but Fierle refused to remove the DNR. She said, “If not for Fierle’s actions her father would still be alive.”

She characterized Fierle as “callous and disrespectful,” and provided an email she received from Fierle on May 15. Fierle said it wasn’t her responsibility to inform her of her father’s death and that final arrangements “can be handled by you and your brother. That is not a task I handle if there is family.” She said they could submit the funeral home invoice to her, which funds in her guardianship account would cover.

Steven Stryker’s daughter also admitted to the Okaloosa investigator she did keep her father “at a distance” because of his past sex offender issues.

Dr. Kirtikumar Pandya, a licensed psychiatrist who examined Stryker at St. Joseph’s Hospital determined “he had the ability to decide that he wanted to live.” Pandya said Stryker “wanted to be resuscitated and wanted to be alive.” He called Fiele’s DNR “not rational” and requested the hospital “rescind the DNR.”

Based on the Okaloosa investigative report, Circuit Judge Janet Thorpe in Orlando, stripped Fierle of her oversight of 98 wards there at a hearing July 11.

“It’s awfully pompous for you to make a decision of what quality of life somebody else values,” Thorpe told Fierle.

Additional fallout included Gov. Ron DeSantis vowing to “vigorously” investigate Florida’s guardianship program and directing the state’s Department of Elder Affairs to do the same.

“There’s going to be action taken whether it’s administratively or legislative,” he said at a press conference. “I think something needs to be done.”

Elder Affairs Secretary Richard Prudom said he would work with DeSantis on reforms.
“The governor and I will pursue legislative changes to grant the Department of Elder Affairs the necessary oversight authority to guarantee our ability to ensure that neglect and abuse to the frailest of the frail never occurs again,” Prudom said in a statement. “Something needs to be — and will be — done.”

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Guardian care reform eyed