Most of the state’s 500-plus guardians are
professional, conscientious, devoted to the best interests of their
wards and law-abiding. But some are not.
The concept of “retirement,” along with a government social
welfare programs to support old folks who no longer worked, dates to the
1880s. That’s when German Chancellor Otto von Bismarck concluded that a
little socialism for the elderly - Germany set retirement its age at 70
- was better than blanket entitlement programs for all his
constituents.
As Bismarck’s idea circulated across the Atlantic,
Florida didn’t take long to catch on. The New York Times noted a few
years ago that by 1910 middle-class retirees joined the wealthy in
discovering the Sunshine State as an appealing place to live out their
golden years. Retirement communities began popping up within the next
two decades.
Thus, for a century Florida has marketed itself and
catered to the elderly, and until recent challengers like Arizona and
the Carolinas emerged, has remained the top destination of elders
seeking a retirement pasture.
But that influx of senior citizens
made Florida a target-rich environment for various hucksters, shysters
and ne’er do wells out to con them - or harm them in other ways. And on
occasion that abuse came from those we’ve entrusted to watch out for
their interests.
Now, state Rep. Colleen Burton has joined an effort to better protect our seniors.
The
Lakeland Republican has sponsored a bill that would toughen oversight
of the state’s guardianship program for seniors, which is managed by the
state Department of Elder Affairs.
Focus on this arm of the tiny
agency began last summer after media reports surfaced about Rebecca
Fierle, an Orlando-based guardian. The Florida Department of Law
Enforcement investigated her after one of her clients, Steven Stryker,
75, died from choking on food while hospitalized in Tampa. Fierle
reportedly filed a “do not resuscitate” order, which precluded hospital
staff from treating Stryker, without permission from either Stryker or
his family. Subsequently, an audit by Orange County determined Fierle
had billed Advent Health more than $4 million over 10 years,
double-billing the hospital system and court for the same services.
A
few months before Stryker’s case became news, the website
RealClearInvestigations.com reported on Lillie White, an 88-year-old
from Palm Coast. During an August 2016 doctor’s appointment, while her
niece remained in the waiting room, a guardian took White and declined
to say where she went. Two years later White’s family learned that her
sole granddaughter, who had been cut out of White’s will, had persuaded a
judge White needed guardianship. White, who was worth $4 million, was
housed in an assisted living facility 35 miles from home. The guardian,
without White’s family’s knowledge, sold her house and some of her other
assets to pay the fees of the guardian as well as a court-appointed
lawyer and other people overseeing her case.
WFTS in Tampa
recently reported on a Pinellas County guardian charged with draining
her 92-year-old client’s bank account of $541,000 in just 10 months. She
had convinced him to grant her power of attorney over his affairs and
proceeded to pay herself $1,600 a day.
Meanwhile, the state’s director of the program resigned last
year amid a lengthy backlog complaints about guardians - which the
Department of Elder Affairs now says has been addressed.
In
response, Burton and Sen. Kathleen Passidomo, R-Naples, have filed bills
that will strengthen protections for the more than 3,800 Floridians
managed by guardians.
The measures, among other requirements, mandate that:
– Judges look more closely at possible conflicts of interest and other disqualifying factors before appointing a guardian;
– Guardians seek court approval for DNR orders, and be prohibited from seeking their own appointment;
– Potential kickbacks be outlawed.
We
believe that most of the state’s 500-plus guardians are professional,
conscientious, devoted to the best interests of their wards and
law-abiding.
But as noted above, some are not. And so in order to
protect Florida’s elderly who need this service, as well as the state’s
reputation as a haven for senior citizens, we must have stricter rules
governing this program. For working for that, we applaud Rep. Burton and
Sen. Passidomo.
Full Article & Source:
Our View: Our elderly citizens require better protection
