Understanding Adult Guardianship: When and How It Works

by Procino-Wells & Woodland, LLC

January 15, 2025

As we navigate through life, the possibility of becoming incapacitated—whether due to illness, injury, or cognitive decline—can raise important questions about how our affairs will be managed. If such a situation arises and you can no longer handle your own affairs, there are two primary avenues through which someone else can legally act on your behalf: a Power of Attorney or a court-appointed guardianship. Understanding these options is crucial for effective planning and ensuring that your wishes are respected.

Power of Attorney: A Private Solution

A Power of Attorney (POA) is often regarded as one of the most vital tools in estate planning. This legal document allows you to appoint an Agent—someone you trust—to make decisions regarding your financial and legal matters if you become unable to do so yourself. The scope of authority granted in a POA should be broad, ensuring your named Agents aren’t limited in the ways they can support you if the need arises.

Advantages of a Power of Attorney

1. Cost-Effective: Establishing a POA is less expensive than pursuing a guardianship through the court.

2. Privacy: The POA process is private, and the details of your affairs do not become a matter of public record.

3. Choice of Agent: You have the freedom to choose who will act on your behalf, ensuring that your Agent is someone who understands your values and wishes, and that you trust implicitly.

However, if a valid, thorough POA is not in place, or if conflicts arise regarding its interpretation, the need for a guardianship may become necessary.

Guardianship: A Court-Mandated Process

When a person is deemed incapable of managing their affairs and a POA is insufficient or non-existent, a guardianship may be sought through the Court of Chancery. This is a more formal and public process that involves several steps and requirements.

How Guardianship Works

1. Petitioning the Court: A person wishing to become a guardian must file a petition with the court. This petition typically requires medical and other evidence demonstrating that the individual is indeed incapacitated. Formal notice of the pleadings must also be given to all interested parties.

2. Appointment of Attorney Ad Litem: The court appoints an attorney to represent the person with an alleged disability. The attorney ad litem’s role is to confirm to the court that the person needs a guardian and that the petitioner is the best candidate for this role.

3. Court Assessment: The court will evaluate the evidence presented, and if it finds that the individual cannot manage his or her own affairs, it will appoint a guardian. This guardian can be responsible for the person’s health and personal care, financial matters, or both.

4. Ongoing Oversight: Once appointed, the guardian is required to submit annual accounts to the court throughout the duration of the guardianship, providing updates on the incapacitated person’s health and financial status. This oversight ensures that the guardian acts in the best interests of the individual.

Disadvantages of Guardianship

1. Public Proceedings: Unlike a POA, guardianship proceedings are public, which means personal income and asset information is exposed. Related and interested parties must also be publicly notified and receive copies of the pleadings.

2. Potential for Disagreement: The court may appoint a guardian who is not your preferred choice, potentially leading to conflicts among family members or friends.

3. Cost and Complexity: Guardianship can be a lengthy and costly process, often requiring legal assistance to navigate court filings and hearings.

Choosing the Right Option for You

While a Power of Attorney is generally the preferred method for ensuring your affairs are managed according to your wishes, it is essential to have it in place well in advance of any potential incapacity. If a POA is not established, if it is not thorough and comprehensive, or if complications arise, guardianship may be the necessary route.

At Procino-Wells & Woodland, LLC, we understand the complexities of guardianship proceedings. Our team provides knowledgeable guidance and representation throughout the process, ensuring that your interests are safeguarded. We aim to assist you with compassion and respect, helping you navigate these important decisions with clarity and confidence. Your future is important, and we’re here to help you plan for it.

Full Article & Source:
Understanding Adult Guardianship: When and How It Works

Legislation allowing doctor-assisted suicide narrowly clears Delaware House, heads to state Senate

There are 10 states, along with the District of Columbia, that have laws legalizing medically assisted suicide.

DELAWARE -- A bill allowing doctor-assisted suicide in Delaware narrowly cleared the Democrat-led House on Thursday and now goes to the state Senate for consideration.

The bill is the latest iteration of legislation that has been repeatedly introduced by Newark Democrat Paul Baumbach since 2015, and it is the only proposal to make it to a floor vote. After lengthy debate, lawmakers voted 21-16 for the measure, which needed at least 21 affirmative votes for passage.

Among those voting for the bill was Republican Rep. Kevin Hensley of Townsend, who voted against the proposal in previous legislative sessions.

"I did not get confused," Hensley assured fellow lawmakers after the vote. Hensley said his perspective on the issue changed after his mother, who lived in California, opted for physician-assisted suicide a year ago.

"This was probably one of the toughest votes I've ever had to make," said Hensley, the only GOP lawmaker to vote for the bill.

California is one of 10 states, along with the District of Columbia, that have laws legalizing medically assisted suicide.

Several Republican lawmakers expressed ethical concerns about the Delaware legislation. They also questioned the need for it, given advances in hospice and palliative care in recent years.

Baumbach said the measure is not intended to replace palliative or hospice care, but to complement them. Data from other states indicate that hospice care is involved in the vast majority of cases involving doctor-assisted suicide, he added.

Baumbach said the "end-of-life option" offered in the bill gives terminally ill individuals certainty that they can choose to end their pain if it becomes greater than what hospice or palliative care can alleviate.

"This puts the choice in the dying person's hands to determine whether or not they wish to self-administer the medicine," he said.

The legislation allows an adult resident of Delaware who is diagnosed with a terminal illness and expected to die within six months to request lethal prescription drugs from a doctor or advanced practice registered nurse who has primary responsibility for the terminal illness. A consulting physician or nurse would have to confirm the diagnosis and prognosis of the patient, who must have "decision-making capacity."

The patient would have to be evaluated by a psychiatrist or a psychologist if any of the medical professionals involved is concerned that he or she lacks decision-making capacity. A person also would not qualify for doctor-assisted suicide solely because of age or disability.

The patient would have to make two oral requests for a lethal prescription, followed by a written request, and would have to wait at least 15 days after the initial request before receiving the drugs. The attending doctor or nurse would have to wait at least 48 hours after the written request, which must be signed by two witnesses, before prescribing the drugs.

The bill states that any provision in a contract, will or other agreement that would affect whether an individual could make or rescind a request for lethal prescription "is not valid." It also states that requesting, prescribing or dispensing the lethal medication "does not, for any purpose, constitute elder abuse, suicide, assisted-suicide, homicide, or euthanasia."

The legislation goes further to assert that the act of killing oneself with self-administered prescription medication does not invalidate any part of an insurance policy or annuity.

Full Article & Source:
Legislation allowing doctor-assisted suicide narrowly clears Delaware House, heads to state Senate

AG Jennings Warns Seniors Of Uptick In Financial Scam Reports

Department of Justice Press Releases | Featured Posts | Date Posted: Wednesday, September 6, 2023

In the wake of an uptick in reports of financial exploitation of seniors, Attorney General Kathy Jennings and the Delaware DOJ’s Investor Protection Unit (“IPU”) is cautioning seniors to be vigilant for scams.

Delaware law requires banks, credit unions, and certain other financial institutions to report suspected exploitation of a senior or vulnerable adult to the IPU. Recent reports involve a number of different kinds of scams, including: 

• Tech support scams in which a fraudster leads the victim to believe that their computer has been hacked
• Money and check transfer scams, in which a fraudster asks the senior to help them transfer funds or deposit a check
• Social media romance scams, in which a fraudster feigns romantic interest in the victim in order to convince them to send money

“Anyone can be the victim of fraud, but scammers frequently target seniors specifically,” said Attorney General Jennings. “Protecting Delaware’s seniors is a top priority, and it’s an all-hands-on-deck job. I’m grateful to the financial professionals who have reported suspected exploitation to the Investor Protection Unit. They’re doing their part to help protect our seniors.”

While the increase in reports has been specifically noted in Kent and Sussex Counties, it is unclear whether downstate seniors are being targeted because of their location. Attorney General Jennings urges seniors across the state to be vigilant and take precautions to protect themselves from investment scams by doing the following:

·         Remember: if it sounds too good to be true, it probably is.

·         Never deposit money or transfer a check for someone you do not know.

·         Never send money to someone you do not know.

·         Never pay money to receive money.

·         Never send money or provide credit card or online account information to anyone you do not know and trust.

·         If you get a phone call you did not expect from someone who says there’s a problem with your computer, hang up.

·         If you are looking for computer tech support, contact a company you know and trust.

Financial institutions may file a report of senior exploitation with the Investor Protection Unit using the form available here: https://attorneygeneral.delaware.gov/fraud/ipu-exploitation-of-seniors/

Source:
AG Jennings Warns Seniors Of Uptick In Financial Scam Reports

Veteran Tried Selling His Car To Buy His Dogs Back, But Woman Made Him Cry

by Dee Michaels

James Pack, a Vietnam veteran, had a heart attack and was admitted to the hospital in critical condition. The First State Animal Center and SPCA took care of his 2 dogs, Bailey and Blaze, while he was being treated. The shelter, which is situated within a PetSmart store in Newark, Delaware, intended to keep the dogs until James had fully recovered.

James was in the hospital for a long time, and when he got out, he went to the shelter to get his dogs back. However, the shelter had already given the dogs up for adoption according to their policy. Even though Bailey and Blaze were still available for adoption, James didn’t have enough money to pay the $250 adoption fee to get them back.

James was unable to afford the adoption fee due to losing his savings during his hospitalization. In order to gather the funds, he decided to sell his car. Upon learning of James’ situation, the staff came together to assist him by contributing $5-$10 each until there was enough money to cover the fee.

The video below shows James entering the shelter section of the store when he is not feeling well. He is unaware of the surprise awaiting him. As soon as a worker shares the truth about Bailey and Blaze, James becomes emotional, and his voice trembles with gratitude. Make sure you have some tissues nearby while you watch this emotional clip. It features a heartwarming reunion at the end that will restore your faith in humanity.

Click the video below to witness James’ tearful breakdown at the pet store when he finally sees his beloved dogs again.  

Full Article & Source:
Veteran Tried Selling His Car To Buy His Dogs Back, But Woman Made Him Cry

Genesis sued for allegedly administering drugs to resident without consent

The family of a former resident of a Genesis Healthcare facility is suing the company, the facility and its medical director for allegedly administering risky medications to the resident without her consent.

The lawsuit, filed on Sept. 2., claims Milford Center, a Genesis facility located in Milford, DE, began administering antipsychotic medications to Sylvia Pierce after she was admitted in September 2014. 

Two of Pierce's children, her legally appointed medical decision-makers, said in the suit that they were not notified and did not give the facility consent to administer the drugs.

The drugs given to Pierce included the Zyprexa, an antipsychotic that can cause death in people with dementia, which Pierce had. She also received the antidepressants Remeron and Zyloft.

The lawsuits claim the facility's staff was negligent in their administering of the drugs to Pierce, which caused her condition to deteriorate. She died in November 2014.

"We believe that the drugs were not administered for any medical purpose. It was more of a restraint type of purpose," said Chase T. Brockstedt, legal counsel for the family, told the News Journal. The suit seeks compensatory and punitive damages.

Genesis cannot comment on pending litigation or the specifics of any patient's care due to HIPAA regulations, but the Milford facility remains “committed to providing quality care to each and every patient and resident,” the company said in a statement to McKnight's.

Full Article & Source:
Genesis sued for allegedly administering drugs to resident without consent

Medical Report Suggests Antipsychotics Too Often Overprescribed to Elderly Dementia Patients

"In a new report, it seems that antipsychotic drugs are far too often prescribed, particularly to elder dementia patients (ie Alzheimer’s disease) in nursing homes.

Republican Senator Susan Collins, of Maine, is the chairwoman for the Senate Special Committee on Aging. She says, “The report raises many red flags concerning the potential misuse and excessive use of antipsychotic drugs for patients with Alzheimer’s and other dementias.”

Federal investigators comment that Medicare officials need to take immediate action in order to reduce not only the prevalence of these issues but also the ignorance of them....

Nursing home trade group, The American Health Care Association also comment that antipsychotic drugs do have some benefit for some patients with dementia. Those who suffer hallucinations or delusions, for example, could find great relief, but it is important to monitor use to make sure that they are not overprescribed and not used inappropriately.

The AHCA comments, “Antipsychotic drugs are expensive, costing hundreds of millions of Medicare dollars. They also increase the risk of death, falls with fractures, hospitalizations and other complications.”

The study indicates that several antipsychotic medications may be overprescribed—not just one or two in particular. This could include: Risperdal, Clozapine, Zyprexa, and Abilify."  as reported at Pioneer News

Full Article & Source:
Medical Report Suggests Antipsychotics Too Often Overprescribed to Elderly Dementia Patients

Hired Caregiver Charged with Financial Exploitation of Patient

A hired caregiver faces charges of financial exploitation of a patient in Albertson Park.

New Castle County Police have announced the arrest of the Wilmington nurse's assistant, Chudilya Williams, after a family member of her infirmed client notified police of recent unauthorized debit card transactions.

According to police, Williams had used the card to make illegitimate ATM withdrawals as well as purchases at stores and restaurants for more than $1,300.

The victim is described as a 70-year-old woman who is unable to walk. The family hired the caregiver to help with daily activities.

Full Article & Source:
Hired Caregiver Charged with Financial Exploitation of Patient

Judge Stanley Ott Has Ex Parte Communication in High Profile Kristy Gaffney Adoption Case; Case Must Be Overturned Adoption Advocates Say

This is a statement from Amy Walczak, Board Member of Jacob's Staff Foundation, an adoption and custody advocacy group.

Amy Walczak, Board Member of Adoption Advocates Jacob's Staff, was just notified of inappropriate and illegal communications between Pennsylvania Judge Stanley Ott and local adoption attorney Jay Ginsburg during a closed adoption and custody case, Walczak says.

 

"The adoprion case must be overturned," Walczak said. "The improper communications violate the law and put all Judge's Ott's previous rulings on this case in question."

 

The email shows that Judge Ott called Ginsburg to the side of the court room after a routine case to gossip about the case. Ginsberg was the former adoption attorney in the case and this ex parte communication was illegal, says Walczak. At the time Gindburg had a case before Judge Ott about this matter, Walczak added.

 

According to Walczak, this is the second complaint about Judge Ott's role in this case. Walczak says Ott held a secret meeting with attorneys who are part of the case. The secret meetings dropped charges against one party but not another and suppressed evidence, says Walczak. The meetings and dropped charges against one party were not revealed to the client, a violation of the law, she says.

 

"It's clear these rulings can not be allowed to stand," said Walczak. "We need a new Judge and new attorneys to give this beautiful baby girl a new and fair trial."

Full Article and Source: 
Judge Stanley Ott Has Ex Parte Communication in High Profile Kristy Gaffney Adoption Case; Case Must Be Overturned Adoption Advocates Say

High court suspends lawyer after thefts reported

An attorney who leads Laurel's school board has been temporarily barred from practicing law after he acknowledged keeping fees paid by clients hidden from other partners in his law firm, the state's highest court says.

Patrick E. Vanderslice, 44, of Laurel, was suspended from the bar for a year by the Delaware Supreme Court, a more severe level of discipline than the public reprimand and probation the state’s Board on Professional Responsibility had advised was the proper punishment. The decision came after Vanderslice admitted to his partners at the Georgetown firm Moore & Rutt, P.A., he had stolen $1,780 in client fees from December 2010 to September 2011.

“Because Vanderslice committed theft (an offense involving dishonesty and a breach of trust,) we conclude that he should be ‘professionally answerable’ for his conduct,” the Supreme Court wrote in an Oct. 12 opinion. “A public reprimand, usually reserved for inexperienced lawyers... would be unduly lenient.

Full Article and Source:
High court suspends lawyer after thefts reported

Feds Say Delaware's Mentally Ill Still Warehoused

The Delaware Psychiatric Center warehouses the mentally ill and fails to protect them from harm, the U.S. Department of Justice's Civil Rights Division concluded in a scathing report made public.

The 21-page report, delivered to Gov. Jack Markell's office, is based on a three-year federal investigation triggered by a series of News Journal stories about patient abuse at the state's mental institution on U.S. 13 near Minquadale.

Among the report's conclusions:
• At least 70 percent, and perhaps more, of the 170 patients in beds for noncriminals "could be -- and have a right to be -- living in community settings with appropriate services and supports." The average stay should be three to six months, but instead it's about three years. One top state administrator told investigators "pretty much everyone at DPC would be appropriate for community placement."

• Delaware's shortage of community programs, particularly crisis services, leads to "unnecessary institutionalization." Expansion of existing programs "would lead to a significant cost savings" for state taxpayers.

• Patients are too often put in restraints or seclusion "for excessive periods" to control aggressive behavior. Such action not only violates their constitutional right to due process, but illustrates the hospital's "inadequate assessment and treatment of risks."

• Patients face a "high risk" of abuse and neglect, especially those awaiting discharge. In one case, an employee hit a patient in the head with a set of keys, causing cuts that "required sutures and staples to close." In addition, investigations into serious incidents are often inadequate.

Full Article and Source:
Feds Say Delaware's Mentally Ill Still Warehoused

AstroZeneca Settles Nearly 4,000 Seroquel Injury Claims

AstraZeneca PLC said July 29 that it has agreed in principle to settle with nearly 4,000 Seroquel product liability plaintiffs.

The company said settlement terms are confidential.

In notes to its second-quarter financial report, AstraZeneca said that as of July 27, mediation ordered by Judge Anne C. Conway in the Seroquel multidistrict litigation in the U.S. District Court for the Middle District of Florida "has resulted in agreements in principle on monetary terms, subject to various subsequent conditions, approvals and agreement on non-monetary terms, with the attorneys representing nearly 4,000 claimants."

As of June 29, AstraZeneca said it was defending against 10,363 served or answered Seroquel lawsuits in the United States involving 22,412 plaintiff groups. It said about 72 percent of the cases are in state courts, primarily Delaware, New Jersey, New York and Alabama. The remaining 28 percent are in the MDL court.

As of July 8, the Judicial Panel on Multidistrict Litigation reported that there were 6,217 active MDL cases, down from a high of 8,187.

Claims of about 1,000 plaintiffs are consolidated in one federal court in California, AstraZeneca said.

In addition, AstraZeneca said it is aware of about 176 additional cases representing about 3,661 plaintiffs that have been filed but not yet served. It said some of the cases involve other drug manufacturers, such as Eli Lilly and Co., Janssen Pharmaceutica Inc. and/or Bristol-Myers Squibb Co.

Full Article and Source:
Astrazeneca Settles Nearly 4,000 Seroquel Injury Claims, Terms Confidential

Ex-Judge Disbarred for Abuse More Than 30 Years Ago

The Delaware Supreme Court ordered the disbarment of a former judge who admitted earlier this year to sexually abusing an 11-year-old boy more than 30 years ago.

William C. Bradley Jr.'s disbarment was based on a "professional misconduct involving moral turpitude," according to the one-page order the state's highest court.

Neither Bradley, 72, nor his attorney, Mason Turner, could be reached for comment.

A week after resigning as Court of Common Pleas judge in January, Bradley admitted to molesting Gregory Kelly at his home: "On or about the evening of Dec. 28, 1975, and Dec. 29, 1975, while present in my home located in Townsend, Delaware, I molested Gregory Kelly, then age 11, through inappropriate sexual contact. I deeply regret any harm I have caused to Gregory Kelly and his family."

The statement, and an undisclosed cash payment, were part of a settlement arising out of a lawsuit filed by Kelly in U.S. District Court in Wilmington.

Full Article and Source:
Delaware Courts: Ex-Judge Disbarred for Abuse

The Passing of Maydelle G. Trambarulo

Maydelle G. Trambarulo, 79, of Monroe Township, passed away peacefully Saturday, Dec. 5, 2009, at home. Born in Danville, Ky., she lived in Red Bank for over 40 years. She was active in St James Church, Red Bank, where she was also a realtor for many years. She was a member of the Altar Rosary Society, the Red Bank Board of Education, the Shrewsbury Garden Club, and the Bell Labs Friendship Group.

She is survived by Ralph, her devoted husband of 53 years; three daughters, Anne Haines, Alice Wright, and Margaret Goss; two sons-in-law, John Haines and Dave Goss; a son, Paul, his partner, Brian Pincin; and seven grandchildren, John, Daniel and Stephen Haines, Ali and Ryan Wright, and Briyah and Twia Goss.

Memorial donations may be made to the Christian Appalachian Project either by phone @ 866-270-4227 or online @ www.christianapp.org.

See Also:
Maydelle Trambarulo

Great Escapes

Milford Woman Pleads Guilty to Tax Fraud

A Milford woman has pleaded guilty to tax fraud, theft and perjury.

The Division of Revenue announced Thursday that 46-year-old Georgeina Ranshaw pleaded guilty in Kent County Superior Court.

Ranshaw owned Nurses on the Go, which served elderly and disabled individuals needing personal care, and operated Littleman's Cleaning Service. Officials say she grossed $600,000 in earnings from the two businesses, but failed to file a tax return.

Officials say Ranshaw admitted that she used her grandson's Social Security number on a business license application for the cleaning business, concealing her ownership.

As a result of the plea, officials say Ranshaw was ordered not to be involved at all in the home health care business or the care or guardianship of the elderly.

Renshaw's sentencing is scheduled for Oct. 27.

Source:
Milford Woman Pleads Guilty to Tax Fraud

Online Adult Abuse Registry

Delaware residents who need a caregiver for their elderly loved ones now have an easier way to check up on a potential hire.

The state has activated an online Adult Abuse Registry that anyone can access to learn whether a caregiver has been investigated by the Department of Health and Social Services for a complaint of abuse, neglect or financial exploitation of the elderly.

The registry has existed for years, but not on the Internet. Previously, anyone making a request to check a name would have to do so in writing and wait for weeks to get the results. With the online registry, the results are instantaneous.

House Majority Whip Valerie J. Longhurst: "I hope this gives people the peace of mind that they can get information and access it quickly."

Longhurst sponsored House Bill 165, which created the online registry and requires health care providers, nursing homes and similar facilities to use it before making a hire. The bill -- championed by AARP of Delaware -- passed the House and Senate unanimously and was signed by Gov. Jack Markell on June 30.

Full Article and Source:
Registry offers instant access to elder care complaints

Guardians Can Now Adopt Wards

A bill allowing legal guardians to adopt children in their care is now law.

The bill signed by Governor Markell adds legal guardians to the list of people who can petition family court to terminate parental rights and seek adoption.

The bill's co-sponsors, Representative Pam Thornburg and Senator Nancy Cook, say the new law will help about 100 families in Delaware give kids under their guardianship stable, secure environments in which to grow up.

Source:
Gov. signs bill allowing guardians to adopt

Fight For Freedom

Elder abuse!!! Don't let it happen to someone you love

Losing Control: Bringing Maydelle Home

"Losing Control" Update: Maydelle Cleared to go Home

Probate Court: Offering Unequal Protection Under the Law

2006 Federal Options to Improve America’s Ailing Guardianship System: A White Paper for the Senate Special Committee on Aging

Fox 5 Investigates: Guardian Abuse

Maydelle's Homecoming

Maydelle is free at last

Our family’s nightmare began in August 2004. My parents, Ralph and Maydelle Trambarulo, had moved to Delaware to be near son Paul in 2003, after living in Red Bank, NJ for 47 years. Mom, 77, suffers from Parkinson’s disease and related dementia. Dad, 83, suffers from normal pressure hydrocephalus, and has difficulty walking and breathing.

After Mom broke her hip, our cousin Teresa Sirico reappeared (after an absence of 8-10 years). Teresa is Dad’s niece and is a real estate broker in New Haven, CT. When Teresa proposed bringing Mom to Connecticut for treatment, we agreed. We trusted Teresa as a family member and wanted the best medical care for our wife and mother. Once in Connecticut, she told us Mom couldn’t come back to Delaware. Mom had been kidnapped!

In September 2004, we received notice that Teresa had been appointed Mom’s Temporary Conservator (Connecticut’s term for guardian) by the Probate Court of Woodbridge CT. This was done “ex parte” (meaning “emergency” so no hearing was held). We weren’t notified until afterwards. Three attorneys, (the “independent” Conservator, Mom’s attorney and the Guardian Ad Litem (GAL) were appointed to advise the court on “what is best for Maydelle”. Their view of us was formed not through direct knowledge, but through (mis)information supplied by Teresa. All three were paid from Mom’s estate, @$200/hour, for reading e-mails, talking on the phone, court appearances etc.

Our family (Dad, myself and my siblings, Alice, Margaret and Paul), were all united in wanting Mom to return to New Jersey to be near us in her final years. However, our wishes were disregarded by Judge Hoyle and the other court officials. Remember, these outsiders knew what was “best” for Mom!

Judge Clifford Hoyle denied our motion disputing the Connecticut court’s jurisdiction of the case, even though Mom had never been a Connecticut resident, never voted in Connecticut, never had a Connecticut driver’s license or paid taxes in Connecticut. Judge Hoyle decided that it was in Mom’s “best interests” that she stay in Connecticut. This effectively ended my parent’s marriage of 52 years, as Ralph, her husband, lives in New Jersey and couldn’t travel to Connecticut. Dad had to obtain a mortgage (at age 80!) because he was denied access to funds in joint accounts. In a proposed division of the estate, Judge Hoyle stated that he was being ”generous” in allowing Dad 50% of the joint funds, when in fact Dad was the principal contributor to that estate.

There’s a very obvious conflict of interest here: the Probate Court officers are the ones who get to decide whether the source of their financial “gravy train” stayed in Connecticut or was allowed to leave! It was clearly in THEIR best interests financially that Mom remained in Connecticut. The Probate Court’s primary function should have been the reuniting of Maydelle with her FAMILY, and the true conservation of her person and financial estate, NOT the reallocation of her hard-earned assets to court officers’ own bank accounts! (As of Feb. 2008, Conservator Mark DellaValle has billed Mom’s estate for over $100,000!)

We appealed Judge Hoyle’s decision in Superior Court, and Judge Angela Robinson decided on September 28, 2007 that Connecticut had NO JURISDICTION over Mom. However, Mom remained in Connecticut until January 22, 2008 due to the appeals process. The conservator was allowed by Probate Judge John Keyes to hire TWO attorneys to continue to fight us, Mom’s family, with HER money!

May 2009 ~ Guardianship abuse victims recognized during Elder Abuse Prevention Month

"Tough Choices" Budget

According to Chancellor William B. Chandler IV is the Delaware Office of the Public Guardian, the office of last resort for those who can no longer manage their own affairs and have no one else to do it.

More staff, more money, more tools are needed to address the increasing demand, and Chandler, the top judicial officer in the Court of Chancery, which oversees the Office of the Public Guardian, noted in a letter to Gov. Jack Markell that a July review by the National Guardianship Association will bring other recommendations.

"It is no exaggeration to say that the ability of the Office of the Public Guardian to accommodate its wards is at the breaking point," Chandler wrote.

The timing for those requests couldn't be much worse, with Markell and all state agencies looking for ways to plug an estimated $750 million gouge in 2010 revenue. In his budget address this month, the governor acknowledged that legitimate requests and services had been cut from his "tough choices" budget. The Office of Public Guardian's already small $500,000 budget would be trimmed a bit more.

Full Article and Source:
Guardians of helpless ask Del. for help

Guardianship Costs - A Tragic Ending

When she had a choice, Mary Mellinger lived a simple, hard-working life -- raising scores of orphaned, abandoned and needy kids in the Middle Atlas region of Morocco, North Africa.

She mothered them, taught them, prayed with them, comforted them, disciplined them. More than 80 were in her care at one time or another -- including Daoud Sefiane, now a 48-year-old father of three, living in Milford.

"She was strict, but you always felt the love," he said. "And when she would come back from furlough in the United States, she always came back with big suitcases full of gifts for each kid."

If she had her choice, she would still be there at the Children's Haven she founded in 1953 with Irena Wenholz, helping more kids get a strong start in life, pouring her heart and soul into each.

But senility started to eat away at Mellinger's choices about five years ago. As others stepped in to help, her life took a hard turn, unfolding finally in Delaware courtrooms where more of those Moroccan-born children -- now adults -- spent three years battling over who could best care for her and manage her affairs.

Now 93, Mellinger lives on Medicaid and Social Security in a Texas nursing home, unaware of the developments that threatened her health, drained her modest savings, produced thousands in legal fees and left one of those children with a criminal conviction for financial exploitation.

Full Article and Source:
Mommy Mary's life mission - She never thought her elder days would be like this

Accused Abusers Not Charged

No criminal charges will be filed against several caregivers whose abuse of an elderly patient at the state-run Emily P. Bissell Hospital was captured on a surveillance camera.

Jason Miller, an attorney general spokesman: "The agency [Delaware Attorney General's Office] is declining to prosecute even though investigations by the hospital and the state's Division of Long Term Care Resident Protection substantiated the allegations."

Three employees were terminated and another two were suspended without pay. Four of the five employees also have been placed on the state's Adult Abuse Registry, a list of caregivers who have substantiated allegations of abuse.

The 75-year-old woman in question was in the Bissell Hospital with a fractured leg after a fall in January 2007. Disagreements between two different factions in her family regarding the level of care being given at Bissell led to a mandatory mediation in October resulting in the appointment of a public guardian.

The guardian requested she be moved to another facility.

Full Article and Source:
Bissell workers accused of abuse face no charges

See also:
Relatives Claim Retaliation