by John Pacenti
The complaints emanate from all over the state and, really, the
nation: Seniors and others found incapacitated by the courts too often
are treated like piggy banks by professional guardians who put their
fees above the needs of the ward or concerns of loved ones.
Florida Chief Justice Jorge Labarga on Monday announced members of a task force that will focus on the growing concern about guardianships in Florida’s courts.
The announcement comes as the state tries to establish for the first time a regulatory authority over professional guardians.
He
said few decisions are more challenging to a judge than removing a
person’s rights because they are no longer capable of making decisions
independently.
The Palm Beach Post, Labarga’s hometown newspaper,
has reported extensively on guardianship, particularly how one judge and
his wife benefited from it in the series,
Guardianships: A Broken Trust.
The stories resulted in reforms in Palm Beach County courts. Circuit
Judge Martin Colin announced his retirement after the stories.
Lidya Abramovici is the former legislative liaison for
Americans Against Abusive Probate Guardianship and says
the group has lobbied Labarga for months to get involved as complaints
mount from families who see their loved ones and their life savings
ransacked by unethical professional guardians.
“The time has come
for the Florida Supreme Court to become aware of what is happening in
Florida with the injustice to the elderly and the financial abuse,” she
said.
Cases to increase
In
a news release, Labarga, who lives in Welllington, said he created what
he calls the “work group” because guardianship caseloads are increasing
in number and complexity.
“As Florida grows and ages, we can
expect more and more cases dealing with guardianship issues to come into
our courts,” Labarga said.
Individuals found incapacitated by the
court are appointed a guardian. If a family member is not available,
often a professional guardian steps in with complete control of the
senior’s finances, medical decisions and housing.
In Florida and
across the nation, many professional guardians have been found to act in
their own interests and not those of the incapacitated ward. Families
of seniors have found themselves unable to battle professional
guardians, who often employ legions of attorneys who are paid out of the
savings of the senior.
Balance needed
Highlands County Circuit Judge Olin Shinholser
will serve as chairman. He said there is too often conflict between the
needs and desires of the ward — often a senior battling dementia — and
the guardian, caregivers and even the family.
“Comments and
complaints from various stakeholders are indicative that we need to take
a closer look at whether the rules and procedures in place accomplish
the balance needed,” he said.
State legislators passed laws in the
last two legislative sessions to increase the state’s regulation and
oversight of guardians.
“This is an appropriate time to
re-evaluate our system and determine if the courts are doing everything
possible to meet the needs of everyone involved,” Labarga said. “It’s
imperative we stay proactive in this area and provide real solutions to
emerging issues.”
The work group will tackle a number of
guardianship issues, including restoration of capacity for the senior or
person put in a guardianship. Costs — which usually mean fees for the
guardian and at least one lawyer — will also be addressed.
An interim report is due to the court by October 2017 and a final report is due to the court by September 2018.
“Further
evaluating guardianship practices supports the branch’s goal of
ensuring that court procedures and operations are easily understandable
and user-friendly and supports our mission to protect rights and
liberties of all,” Shinholser said.
Appointees
Judge Olin Shinholser, Highlands County, Sebring (chairman)
Judge Robert Lee, Broward County, Fort Lauderdale
Judge Michelle Morley, 5th Circuit, Bushnell
Judge Peter Dearing, 4th Circuit, Jacksonville
Judge Maria Korvick, 11th Circuit, Miami
Jason Nelson, Office of Public and Professional Guardians, Florida Department of Elder Affairs, Tallahassee
Laird Lile, Lile & Hayes, Naples
Andrew Sasso, Macfarlane Ferguson & McMullen, Clearwater
Karen Campbell, North Florida Office of Public Guardian, Tallahassee
Vicki Alkire, Viable Alternatives Inc., Sarasota
What The Post Found
The
savings of incapacitated seniors flowed into the household of Palm
Beach County Circuit Judge Martin Colin courtesy of Colin’s wife —
professional guardian Elizabeth “Betsy” Savitt. Fees in most of her
cases were approved by another judge who is a friend of her husband’s.
Full Article & Source:
Supreme Court chief justice tackles guardianship amid complaints
See Also:
Read the myPalmBeachPost articles from the beginning
