Tuesday, November 3, 2015

WSJ: Are Guardianship Systems Under Critical Review?

A recent article in the Wall Street Journal focuses on challenges in state courts to how guardianships operate and the role of courts in appointment and oversight of guardians.  Titled "Abuse Plagues Systems of Legal Guardianships for Adults," the on-line version of the article carries the subtitle of "Allegations of financial exploitation and abuse are rife, despite waves of overhaul efforts."  The article uses extensive details from just two guardianship cases, one in the state of Washington involving a 71 year-old woman, and one in Florida involving an 89 year-old "mother," to  develop its theme of financial exploitation and abuse, pointing to critics that say "many elderly people with significant assets become ensnared in a system that seems mainly to succeed in generating billings."

The article includes statements from National Academy of Elder Law Attorneys president elect, Catherine Seal, providing a contrasting view of properly-managed guardianships.  She is quoted as saying, "The worst cases that I see are the ones where there is no guardian."

Arizona is identified in the article as a state that has adopted safeguards on unnecessary or abusive fees "by establishing fee guidelines" in 2012. Of course it did so after a significant 2010-2011 investigative news series by the Arizona Republic in Maricopa County that exposed a series of cases in which court permitted  fees and delays significantly impacted the alleged incapacitated persons' financial resources. 

The WSJ article, I think, can be criticized for using just two cases of conflict to dramatize allegations of systemic problems, characterized as exploitation.   We need to talk about systemic reform needs by looking beyond single case reports 

It seems clear, however, if you follow the pockets of deeper investigations from across the nation, including recent challenges in Florida and Nevada where allegations focused on an array of court-permitted problems, including delays generating more costs, or overly cozy relations between court-appointed guardians and courts, or the absence of monitoring systems, that there are larger systemic issues in need of watchful eye and, in certain jurisdictions, critical examination and reform.

My thanks to Marilyn Berquist and Rick Black for recommending the WSJ article.

http://lawprofessors.typepad.com/elder_law/2015/11/wsj-are-guardianship-systems-under-critical-review.html

Current Affairs, Elder Abuse/Guardianship/Conservatorship, Estates and Trusts, Ethical Issues, Property Management | Permalink

Comments

The system is corrupt beyond measure. The attorneys who charge what I consider to be egregious fees end up transferring the ward's assets into their pockets through this clever wealth transfer mechanism…all under the law and under the supervision of the "Judge." The laws are written in such a way as to ensnare wards and their family members/representatives into a never ending system that requires unimaginable legal involvement-thus draining entire estates. You want more info? Write me. I will tell you exactly how they drained my mother's estate without recovering a dime for her and nearly killed her.

Posted by: Jim | Dec 2, 2015 7:05:42 AM

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