Senators to Seek Alternatives to ‘Civil Death’ of Guardianship

The US Senate Special Committee on Aging will hold a hearing Thursday to explore alternatives to guardianships, which limit the rights of adults to make their own decisions and can lead to fraud and abuse.

Photographer: Aaron P. Bernstein/Bloomberg via Getty Images

by Ronnie Greene 

• A Bloomberg Law investigation detailed fraud, abuse in adult guardianships
• Guardianship reformers press for less-restrictive ‘supported decision making’

When the US Senate Special Committee on Aging gathers Thursday to examine the nation’s fractured guardianship system, one prime focus will be to find ways to eliminate unnecessary guardianships by turning to less onerous options.

Sen. Bob Casey (D-Pa.), the committee chairman, said that even after Britney Spears’ fight to escape her conservatorship attracted global attention, “there are still countless families across the nation fighting against exploitative or abusive guardianships with little recourse.”

This week’s hearing, Casey said, will explore ways to help those in need without always turning to court-ordered guardianships.

“The Aging Committee will examine the Nation’s patchwork guardianship system and explore alternatives to guardianships to protect Americans’ civil rights while getting them the support they need,” he said in a statement to Bloomberg Law.

A Bloomberg Law investigation published this month revealed the cost of unnecessary guardianships: fraud, abuse, and a system that limits the rights of adults to make their own decisions while handing control to guardians who are rarely certified or regulated. Another investigation, by WLRN in Miami, exposed questionable real estate transactions in a county guardianship program.

One group, Disability Rights Texas, refers to guardianships as “civil death,” saying they “not only remove a person’s ability to choose where they want to live, what doctor they want to visit, where they work, or how they spend their money, but they can often be as restrictive as limiting what a person wears, what they eat, or who they talk to.”

Those who find themselves under overly restrictive adult guardianships sometimes take years to escape the system.

In Indiana, a teenager who suffered a traumatic brain injury after a car accident remained under guardianship for years even after marrying, having a child, and gaining work. He needed permission for everything from essentials for his daughter to the type of car he could drive. In Georgia, a mother put her daughter with Asperger’s syndrome under guardianship only to have the judge improperly revoke her right to vote and limit her spending – and threaten the mother with jail time. In Indiana, a woman with autism just ended her guardianship after a six-plus-year journey in which her former guardian questioned the family’s spending while running up steep bills.

Less Restrictive Option

Guardianships are governed by states, but each state has its own rules, so no standard system limits the number of cases guardians can handle. Some take on hundreds of cases at a time. Guardians manage more than $50 billion in assets for those they supervise, experts conservatively estimate.

Across the US, disability rights lawyers, American Bar Association veterans, and state officials say guardianships should be a last resort. Instead, they say, adults with disabilities or impairments should more often enter a system called “supported decision making.”

Under this process, adults retain the right to make their own decisions – while turning to a network of supporters when they need counsel on their relationships, their healthcare, their living arrangements, their jobs, or other matters.

Their supporters could be family members, friends, co-workers, lawyers, or others.

Ruby Campos, a Texas woman who was under guardianship until last year, said she has such a network. She now feels empowered to make her own choices.

“At the end of the day, it’s my decision,” Campos said in an interview. “I make some mistakes every now and then. If my WiFi gets cut off, that’s on me. But we’re healing.”

At this week’s hearing, “Guardianship and Alternatives: Protection and Empowerment,” the committee will hear from witnesses including a licensed therapist, guardianship reform advocate, state guardian attorney, and developmental disabilities director.

Casey has pressed for years for a system overhaul, examining financial exploitation of guardianships in 2018 and, in 2021, joining Sen. Elizabeth Warren, (D-Mass.), in urging federal agencies to improve oversight and seek data on state guardianship systems.

Full Article & Source:
Senators to Seek Alternatives to ‘Civil Death’ of Guardianship

See Also:
Voiceless No More, Indiana Woman Freed From Fraught Guardianship

In the Name of Protection, Part 1: The Profiteers: Guardians' Dark Side: Lax Rules Open the Vulnerable to Abuse

In the Name of Protection, Part 2: The Judges: Judge’s Errors, Jail Threats Haunt Georgia Family’s Guardianship

In the Name of Protection, Part 3: The Profiteers: 420 Cases, One Guardian: System Runs Amok on Just $35 a Month

In the Name of Protection, Part 4: The Lawyers: Peter Max’s Bare Ledgers Show Guardianships Drain Even the Rich

In the Name of Protection, Part 5: Guardians’ Abuses Persist as One State’s Easy Fix Goes Unmatched

Voiceless No More, Indiana Woman Freed From Fraught Guardianship

Sara Abbott said she dreamed of the day she would escape her guardianship. This week, a judge granted her wish.

Photographer: Jim Vondruska/Bloomberg

by Ronnie Greene

• Sara Abbott had been under guardianship since 2016
• Judge frees Indiana woman profiled in Bloomberg Law report

An Indiana woman whose journey through adult guardianship was dogged by judicial scrutiny, steep legal fees and a profound sense of powerlessness has gotten her wish: freedom from the system.

More than six years after a judge put her under guardianship, Sara Abbott, 27, was formally removed from her arrangement Thursday—without a hearing—by a new judge overseeing her case.

“It’s finally done,” Abbott said. “It’s going to give me a lot more positive outlook on things. I couldn’t believe it really. I expected another possible big battle.”

Abbott’s experience was profiled as part of a Bloomberg Law investigation of the restrictive world of adult guardianships, In the Name of Protection, published earlier this month.

After Abbott was diagnosed with autism at age 20, professionals suggested her mother, Diana, put her under guardianship. The two live alone in Salem, Indiana.

But when Diana became her daughter’s guardian, she was given no formal training on the paperwork required. The guardianship petition had been approved without a hearing in August 2016, records show. Diana didn’t know, she said, she was supposed to file biennial reports documenting Sara’s care and finances.

In 2021, the presiding judge removed Diana and appointed a local lawyer as a temporary guardian. That guardian questioned the mother’s spending on everything from a used car to a new roof; the judge directed Diana to reimburse her daughter’s account more than $11,000. The two argued the spending benefited both of them because the roof keeps them safe and Diana provided all transportation for Sara, who doesn’t drive.

As the temporary guardian was questioning the family’s spending, she filed bills that, in one eight-month period, totaled 91% of Sara’s total income. Sara said she felt voiceless, requiring permission, for instance, to get her bank statements or host a yard sale to raise money. Ultimately her mother, who previously injured her back, had to return to work.

Sara’s lawyers, Justin Schrock and Amy Semones, filed a petition this week to formally end the guardianship. They said Sara demonstrated independence and doesn’t need a guardian. Sara’s new guardian, Loren Pilcher, also supported ending the guardianship.

A hearing on the petition had been scheduled for Friday. But on Thursday, Special Judge Susan Orth issued a three-page ruling freeing Sara.

Orth also ruled that Diana no longer has to reimburse Sara for spending that benefited them both. “At Sara’s request, Diana is hereby relieved of any responsibility to reimburse Sara’s estate for expenditures made as her former legal guardian and representative payee that have previously been questioned in this matter,” the judge wrote.

“I’m ecstatic,” Diana said. “She has her independence and everything and I thought all along I didn’t owe anything.”

Both said more needs to be done to ensure others aren’t ensnared in unnecessary guardianships. “I honestly think the system is broken,” Diana said. “They need to have somebody explain things. What guardianship is and what it entails.”

But on Thursday, they focused on the ruling Sara called “amazing.”

Diana asked her daughter how she wanted to celebrate.

“Mom, I want Kentucky Fried Chicken today,” Sara replied.

“And that’s what we got,” said Diana.

Full Article & Source:
Voiceless No More, Indiana Woman Freed From Fraught Guardianship

See Also:
In the Name of Protection, Part 1: The Profiteers: Guardians' Dark Side: Lax Rules Open the Vulnerable to Abuse

In the Name of Protection, Part 2: The Judges: Judge’s Errors, Jail Threats Haunt Georgia Family’s Guardianship

In the Name of Protection, Part 3: The Profiteers: 420 Cases, One Guardian: System Runs Amok on Just $35 a Month

In the Name of Protection, Part 4: The Lawyers: Peter Max’s Bare Ledgers Show Guardianships Drain Even the Rich

In the Name of Protection, Part 5: Guardians’ Abuses Persist as One State’s Easy Fix Goes Unmatched

Guardianship abuse could be common but sparse data leave questions

by Katie Stancombe

(IL Illustration/Brad Turner)

After 10 years of living under what he called prison-like circumstances, with no control over his finances, medical decisions or personal life, Nicholas Clouse is free.

Clouse, who is now 28 and lives in Huntington, suffered a traumatic brain injury at age 18 following a car accident. As he struggled with severe symptoms and persistent memory loss after the wreck, Clouse entered into a guardianship that made his parents his legal guardians.

Nick Clouse

Clouse’s parents allegedly told him they were worried someone might take advantage of him if he were to receive a large sum of money after a personal injury lawsuit. But the arrangement left Clouse feeling the grip over his life tighten during the next decade.

“There was no discussion about what this meant long-term, what rights would be taken away, what it meant to my life or whether something less restricting might have met my needs at the time,” Clouse said.

Despite having moved out of his parents’ home and starting a family of his own, Clouse had no control over his paychecks and needed permission to make purchases by his guardians, who he said could take hours or days to respond. When Clouse asked if the guardianship could be terminated, Clouse said his parents’ attorney told him it was impossible.

Suspicious that his money was being abused, Clouse filed a report with Adult Protective Services, which led him to Indiana Disability Rights. The organization agreed to represent Clouse and successfully advocated for the termination of his guardianship, which was finalized Aug. 24.

“If IDR had not accepted my case and offered to represent me free of charge, I am not sure I ever would have had a path out,” Clouse said.

Travis Glassley, an attorney with Barnes & Thornburg in Fort Wayne who represented Clouse’s guardians, did not respond to a message seeking comment.

Recognizing rights

Justin Schrock

Court-determined arrangements have made recent headlines as pop star Britney Spears publicly fought to be removed from what she called a “toxic” conservatorship. Her case of conservatorship, similar to Clouse’s guardianship, illuminates potential problems and abuse of power in such arrangements.

What happens when a person is placed under a guardianship but later claims they were exploited? Is it a common issue?

“We don’t have good data for the experiences of folks under guardianship, generally,” said Justin Schrock, an Indiana Disability Rights attorney representing Clouse. “We don’t have data on any aspect of guardianship on how often they are abused or exploited.”

Although many people know termination of a guardianship is theoretically an option, Schrock said it’s usually unclear how to make that happen.

“I don’t know that many people understand where to start,” he said. “Honestly, there really isn’t one specific answer on how to go about doing that. It really depends on their individual circumstances and the county where they are located.”

Morgan Whitlatch

Morgan Whitlatch, legal director at Quality Trust for Individuals with Disabilities, agreed that it’s difficult to say how common cases like Clouse’s are. Anecdotally, she’s heard stories like his from previous clients.

“I fear that it’s quite common to not know what your rights are,” she said.

For Clouse, finding out that he was able to contest his arrangement was relieving.

“That was just a very restrictive and tough way to live,” he said. “Now I’m getting my paychecks and I’m able to make sure my bills are paid and buy groceries.”

Unregulated territory

With little oversight and sparse data, the realm of guardianships is unexplored terrain prone to confuse those who trek it. Guardianships are also unpoliced, said Sara McClammer, a national certified guardian who focuses her legal practice on guardianships and estate planning.

Sara McClammer

“There is no one looking out for people under guardianship,” said McClammer, a partner at Bennett & McClammer who works primarily with clients who have diseases such as dementia and Alzheimer’s. “Sometimes people under guardianship don’t have the ability or the knowledge to hire their
own attorney.”

An additional hindrance, McClammer said, is that courts aren’t set up to monitor guardianships. There’s a lack of funding, and some judges simply lack knowledge of the guardianship process.

In order to secure a guardianship under Indiana law, McClammer said there must be a petition including specific requirements, evidence for why a guardianship is needed and additional court paperwork, as well as a hearing and notice to interested parties. The law also requires the presence of the proposed ward at the hearing.

“Now in practice, does that all happen? No,” she said.

Another setback to securing termination of a guardianship is evaluations of guardianship wards. In her experience, Whitlatch said they are rarely terminated without some sort of evaluation saying the ward has regained capacity.

“Unfortunately, those can be difficult to get,” Whitlatch said. “You want someone on your side but if there is too much focus on IQ scores rather than their functionality ability, it can be difficult.”

Well-meaning mistakes?

Often, guardians mean well but are unaware of the harm their decisions cause, McClammer said.

“They just don’t know what they’re doing,” she said. “But there are definitely bad guardians.”

In Clouse’s case, Schrock was struck by how obvious it seemed to him that Clouse was a productive, independent member of society.

Schrock’s hunch was cemented after speaking with the people closest to Clouse. Each one unequivocally described him as being “incredibly dependable, hardworking and intelligent.” The additional confirmation solidified for Schrock that Clouse didn’t need a guardianship.

“A good guardian and attorney for guardian is always going to tell them, ‘You have a duty to report on the condition of the person and you are required to report to the court if they don’t need it anymore,’” McClammer said.

McClammer recalled celebrating the termination of three-year guardianship for a client after he suffered a TBI, with her whole staff showing up to cheer him on.

“We did the job to protect him when he needed it and we got to see him move on and get that terminated. It was exciting,” McClammer said. “But of course, not all guardians act like that and follow the rules.”

Whitlatch agreed, noting certain circumstances do justify the use of a guardianship, but it’s still the heaviest tool in the toolbox.

“There are guardians that take the job seriously and do the best that they can, but it can be abused by people,” she said. “I think Nick’s story translates to the everyday. It’s not just about a pop star who is experiencing certain kinds of abuse.”

With his guardianship terminated, Clouse said a weight has been lifted.

“I’m still getting adjusted to it,” he said. “I’m used to having to ask for permission to get money to do anything — it’s just so weird to go get the stuff I need.”•

Full Article & Source:

Guardianship abuse could be common but sparse data leave questions

Detroit man who is Deaf-Blind freed after spending more than 2 years under guardianship

A Detroit man is finally free tonight after spending more than 2½ years under guardianship because a judge declared him legally incapacitated. Rodrick Gordon is Deaf-Blind but that doesn’t mean he needs to have a guardian in charge of every decision in his life. 

By: Heather Catallo

(WXYZ) — A Detroit man is finally free tonight after spending more than 2½ years under guardianship because a judge declared him legally incapacitated. Rodrick Gordon is Deaf-Blind but that doesn’t mean he needs to have a guardian in charge of every decision in his life.

“I’ve been living independently for 30 years,” said Gordon.

The 69-year-old may be Deaf-Blind, but all you have to do is spend five minutes with him to know he is not mentally incapacitated.

“Do you consider yourself incapacitated,” asked 7 Investigator Heather Catallo.

“No! Absolutely not,” said Gordon.

In his 20s and 30s, Gordon became Deaf-Blind after complications from a brain tumor. But after training at the Helen Keller Center for the Deaf-Blind, he learned to use Tactile American Sign Language to communicate. Here’s the problem: no one properly communicated with him when his civil rights were on the line back in 2018.

That’s when Gordon was assaulted outside his Detroit apartment. His lawyer says after he was released from the hospital he no longer had the same in-home services that had previously helped him live independently.

So an Adult Protective Services worker filed a petition with the Wayne County Probate Court to place Rodrick under guardianship.

“Do you need a guardian,” asked Catallo.

“No! That is saying that I do not have the capability to do the things that I’ve been trained to do and take care of my own personal life,” said Gordon. “I was utterly surprised that I’d been taken into a home and been deprived of my independence … So I was deprived of my independent living and the court denied me of being back independently on my own again.”

Before you’re placed under guardianship, a judge appoints someone called a Guardian ad Litem to visit with you and explain your rights under the law. The Guardian ad Litem is often a lawyer, but they’re not your lawyer. And they’re not a doctor. They are there to report back to the judge about whether they believe you need a guardian, and whether you they believe you are mentally incapacitated.

In Rodrick Gordon’s case, his Guardian ad Litem did not have a Deaf-Blind interpreter with him, and said in his report to the judge: “The ward was not responsive when discussing guardianship and could not hear… the nature and purpose of having a guardian.” Yet he still recommended to the judge that Gordon be placed under guardianship.

“It’s really tragic,” said Vision Rehabilitation Therapist Charlene Gordon (no relation). She has worked with Rodrick Gordon for years.

“What do you think about the failure to make sure he had the proper interpreters at the initial stages of this case,” asked Catallo.

“It was a power move. That was a move by the professionals to say we don’t want you to know what’s going on. We want to take control of this.”

She’s appalled that Gordon was placed under a guardianship and then moved to a group home against his will.

“They said, oh he’s Deaf-Blind, we don’t know how to help him coordinate services. So therefore they put him up under guardianship,” said Charlene Gordon.

So Rodrick appealed the guardianship.

“Because if these things can be done, it can happen to other people too,” said Gordon.

Michigan Elder Justice Initiative attorney Nicole Shannon argued Rodrick Gordon’s case in front of the Michigan Court of Appeals and won. That set an important precedent.

“It serves as case law for every guardianship case going forward across the state of Michigan. It’s not just a suggestion: because it is published, this is binding law in the same way that a statute would be” said Shannon. “It reminds courts they do have to apply the correct standard in these cases. It means that if you’re subject to a guardianship like Mr. Gordon is, it’s not his job to show he’s not incapacitated – it’s somebody else’s job to show that he is incapacitated … He’s a brilliant man who is absolutely in control of his life and should have never been in this situation in the first place.”

Shannon says a key issue on appeal was how the Wayne County Probate Court relied on a note from an internal medicine doctor for the group home, even though the doctor also did not use an interpreter to properly communicate with Rodrick.

Shannon is on Michigan’s Elder Abuse Task Force and says too often the courts rely on inadequate medical notes to declare people incapacitated. That will change under new legislation just introduced in the Michigan House and Senate to improve the information from medical and psychological professionals in guardianship cases.

“Under the proposed legislation we’re going to require that its [notes/records] type written, to ensure that we know who wrote it, so we can talk to that doctor, potentially have them come testify and gather more information along the way,” said Shannon.

The new legislation also improves the rules that Guardians Ad Litem have to follow.

“It would focus on ensuring that Guardians ad Litem are giving the courts all the information that they really need, and ensuring that the individuals rights are preserved,” said Shannon. “That’s going to mean explaining how long they met with the person, because it’s going to be important to know whether they talked with somebody for 5 minutes or for an hour.”

After 2 ½ years, the probate judge terminated Rodrick Gordon’s guardianship in May. Now he wants others to know the laws must change.

“I do want to see others who are capable and want to continue their lives given appropriate access and given the correct chance of living independently. And not just be picked up and dumped into homes where they are not supposed to be,” said Gordon.

A spokesman for Adult Protective Services said they legally can’t discuss the specifics of this case.

But in a statement, Michigan Department of Health and Human Services (which oversees APS) Director Elizabeth Hertel said:

“It is important to the department that we ensure everyone we interact with is treated with dignity and respect. That includes ensuring that the people we serve are able to communicate with us properly and accurately.”

Vision Rehabilitation Therapist Charlene Gordon thanked the Greater Detroit Area Agency for the Blind and Visually Impaired, PsyGenics Inc., and Deaf C.A.N. for all of their support for Rodrick Gordon throughout his legal battle and guardianship.

Now that Rodrick Gordon has his freedom back, he plans to keep attending his beloved church, and says, “I will continue to live the life that God wants me to do, to go out and give thanks and praise with my other brothers and sisters.”

Full Article & Source:

Detroit man who is Deaf-Blind freed after spending more than 2 years under guardianship

Detroit grandmother freed from guardianship after 7 Investigation

DETROIT (WXYZ) — She’s a 78-year-old Detroit grandmother who just wanted a wheelchair ramp. Instead, she was put under court guardianship. The 7 Investigators were in court Thursday when the Chief Probate Judge terminated that guardianship, bringing a lot of joy to Bessie and her family.

Bessie Owens can now make her medical, legal and financial decisions.

And not only did the judge terminate this guardianship and conservatorship – he also put Adult Protective Services on notice that things need to change with how they’re petitioning the court to put seniors under guardianship.

Cheers and applause filled the halls of Wayne County Probate Court Thursday where supporters gathered to watch Chief Judge Freddie Burton Jr. terminate Bessie’s guardianship and conservatorship cases.

“I do not want or need strangers or bureaucrats over my life or finances,” Bessie told the judge.

Bessie called the 7 Investigators in August after she discovered Adult Protective Services investigator Tresna Tupper had petitioned the court, saying Bessie was “medically frail” and “unable to manage her affairs.”

At the time, Bessie says all she needed was a wheelchair ramp so she could get out of her house safely. Instead, court records show Tupper told Judge Burton that she couldn’t find Bessie’s adult children to tell them about the guardianship, as required by law, even though the 7 Investigators easily found Owens’ daughter on Facebook.

“It does look like there’s some things that, in the course of doing your job, that some things were missed,” Burton told an APS supervisor in court on Thursday. The supervisor was in court instead of Tupper.

Bessie’s three adult children were also present.

“It seems to me it would be pretty simple to find them. Were other efforts made,” Judge Burton asked.

The supervisor maintained that Tupper followed APS protocol, but ultimately no one objected to Bessie’s request to drop the guardianship and conservatorship.

“It’s clear to me there’s insufficient evidence to continue the guardianship, and so I will grant the petition to terminate guardianship as you requested,” ruled Judge Burton.

A large group of anti-guardianship protestors in the courtroom cheered and applauded the judge’s decision.

The 7 Investigators showed you last week how Bessie’s conservator, lawyer Cynthia Williams, was asking the court to approve $687.50 in legal fees, even though she never met with Bessie.

“Why are you trying to charge her $687 when she only has $6500,” Catallo asked.

“Because that is my fee for my services,” Williams said.

“What did you actually do though,” Catallo asked.

“It’s on my account, did you see it,” Williams said.

Today Williams argued briefly with the judge, but she ultimately waived her fees and the judge terminated the conservatorship as well.

“The thing that’s important here, Mrs. Owens now has her ramp, and the court is apprised. We need to get out of her way and let her go live her life,” Judge Burton said.

“[I’m] elated and glad it was terminated, there was no need for it. And I think there should be something addressed to keep this from happening to another person and their family and friends,” said Bessie after the ruling.

“Did you have any notice from Adult Protective Services this was happening,” Catallo asked Mischia Smith, Bessie Owens’ son.

“No. I talked to my mother, who I talk to on a daily basis and she informed me, they didn’t contact me at all. And I was very surprised by this whole thing. I believe they should be punished for what they do,” Smith said.

Judge Burton also put APS on notice that he wants a meeting with state officials to make sure they are giving family members notice, before taking the extreme step of declaring an adult legally incapacitated.

“It does look like there’s several things we need to shore up, particularly in terms of making certain notice is provided,” Judge Burton said.

Bob Wheaton, Public Information Officer for the Michigan Department of Health and Human Services, which oversees APS, issued this statement last week about investigator Tupper and this case:

“The Michigan Department of Health and Human Services is committed to respecting human dignity and protecting the health, safety and well-being of vulnerable adults. Adult Protective Services takes very seriously its responsibility to protect vulnerable adults. APS follows policies put in place to help understand and respond to each unique situation, and when necessary, works with partners in the court who make the final decision on what’s best for these individuals. Adult Protective Services aims to provide the least-restrictive services that are necessary to keep a vulnerable adult safe. The department is looking into the concerns that have been expressed.”

Full Article & Source:
Detroit grandmother freed from guardianship after 7 Investigation

See Also:
Detroit grandma just wanted a wheelchair ramp, but ended up being put under guardianship

Freed From Guardianship A Kentucky First: Suzie Wins Her Rights in Court Using SDM

Suzanne Heck wanted her rights back… and in the process the 22-year-old from Lexington became a pioneer and role model for those like her in Kentucky.

Shortly after Heck, who is diagnosed with a mild intellectual disability, reached adulthood, a Kentucky court took away her right to decide where she lived, what she did with her money and what happened to her body.

At the age of 18, she became a ward of the state.

So in March of 2017, Heck (her friends call her Suzie) and her support team contacted Kentucky Protection & Advocacy and requested its help with restoring her rights through Supported Decision-Making.

SDM is a way people can make their own decisions and stay in charge of their lives while receiving any help they need to do so. Supported Decision-Making is just a fancy way of describing how we all make choices.

Currently in Kentucky, there are over 4,500 adults in the state guardianship system, which is underfunded and severely overburdened.

Many adults like Heck can make decisions for themselves with the support of a team. Heck’s team consists of friends and paid caregivers through Kentucky’s intellectual and developmental disability Medicaid waiver called Supports for Community Living.

She attends day services at an Adult Day Training facility in Lexington, lives in a home with two housemates and staff who assist her with daily living, as needed.

When Camille Collins, an Advocate with Kentucky Protection & Advocacy, became involved in Heck’s case, Suzie’s supporters had already begun functioning as a SDM team.

Team member Stacy Seale, a licensed psychological associate at Employment Solutions, submitted a psychological report with a petition to modify or terminate guardianship in Fayette County District Court.

In this report, Seale emphasized all of Heck’s abilities and that she works with her team when making medical, personal and financial decisions.

“Ms. Heck does a wonderful job of seeking out her team and asking for their input on her current life decisions,” Seale said.

Seale concluded that Heck, working with her SDM team, would no longer need a legal guardian.
In April, Heck attended a hearing to modify or terminate her guardianship order. Her state guardian attended and agreed with Heck’s request.

Because the county attorney was not comfortable with the restoration, Collins requested that an attorney be appointed for Heck and that the hearing be postponed. The judge agreed.

Moria Mulligan, Heck’s appointed attorney, worked with Collins and Heck’s SDM team to learn how individuals with disabilities can use teams to support them in their ability to make decisions for themselves.

Heck also created a “Dream Board,” which consists of photos of her SDM team members on one side and illustrations that represent her hopes and dreams on the other.

Her goals are no different from anyone else’s – vacations, employment, and more time with family and friends.

As a ward of the state, most if not all of her goals and dreams would have to be approved by a guardian, forcing Heck to defend her goals.

That would mean meetings and hours of discussion. That was one of her motives for terminating guardianship.

On July 24, 2017 – two days before her birthday – the judge, with the agreement of the county attorney who better understood Heck’s situation, fully restored Heck’s rights. She is now able to make personal, medical and financial decisions.

Heck is a sort of Jackie Robinson for restored rights. She is the first person on record in Kentucky to have her rights fully restored by the courts with Supported Decision-Making as an alternative to guardianship.

Heck was so elated when the judge ruled in her favor, she nearly floated out of the courtroom.

“I was really nervous at first but when the judge ruled, I almost ran out because I was so excited. I was blown away,” she said.

Heck admits that the full impact of the ruling has yet to sink in, but she already has benefitted. Recently, she went with a friend and her friend’s caregiver to the Hamburg YMCA.

“As far as I can remember, that’s the first time I went out without a caregiver,” Heck said.

What else will she do with her freedom? “I want to buy a copy of the movie, ‘The Last Mimzy,’” she said.

Sounds simple enough. Not so if she were still a ward of the state. A request for cash would go though her guardian and then on to the state and could take a few weeks to process.

“Now, if she wants $50 to go to Kentucky Kingdom, for example, she can get the money the same day. She has total control of her money now,” Collins said.

“I’m excited for her. Research shows that people who are empowered with their rights live happier and healthier lives.”

Heck is bursting with plans for the future. In 2018, a visit Dollywood, and Disney World a year later.

She wants to be a social worker or a police officer or go to college. “How do I start applying for jobs?” she asks.

Chastity Ross, a former chairperson of the CCDD Council, is her case worker and can help with job searches or refer her to the Office of Vocational Rehabilitation.

In the meantime, Heck is heady with all the wild possibilities. “It’s awesome that I could go wherever I want and live wherever I want.”

Actually, her wishes are much more grounded – She longs for a family setting through the Family Home Provider program.

“I want to live with a family but why is it taking so long?”

Not to worry, said Collins. “I think you will find a family provider soon because you’re such an awesome person,” Collins said.

A big grin creases Heck’s face. There is much to be happy about now for Suzie Heck, a free woman with big dreams for the future.

The National Resource Center for Supported Decision-Making can help you find information on Supported Decision-Making and other alternatives to guardianship, access Supported Decision-Making agreements and other legal forms, connect you with people and organizations that may be able to help you, and answer your questions. Info: www. SupportedDecisionMaking.Org.

Full Article & Source:
Freed From Guardianship A Kentucky First: Suzie Wins Her Rights in Court Using SDM