Guardianship-what is the process and what do they do?
Who needs a guardian? People subject to guardianship are typically the very young, very old, mentally ill or disabled. What is the purpose of a guardian? Guardians are meant to protect the vulnerable and can manage both personal and financial aspects of life depending on the needs of the individual.
Questions to ask when considering a guardianship:
- Is the person able to handle a checking account?
- Is he/she able to manage medications?
- Is he/she able to manage activities of day-to-day living?
- Is there a risk of exploitation?
- Is anyone available to help and are family members able to agree on a plan of care?
The Guardianship Process: The first step is a petition; someone-it could be a relative, social worker or a guardianship company- files a petition asking the court to determine whether an individual needs a guardian to handle his or her affairs.
In the second step an investigator is appointed by the court. The investigator is called a guardian ad litem. Keep in mind that some guardians ad litem are attorneys who also represent the guardianship companies. This could present a conflict of interest and the question of whether or not the investigator can be neutral. Another red flag to watch for is where cases are sealed and the public can’t learn of inept guardians, mismanagement, excessive fees or other problems.
Step three the guardian ad litem speaks with the prospective ward, along with others who know the person and evaluate if the person is able to manage day-to-day living and money management.
Step four the guardian ad litem files a report with the court listing possible caregivers, often including professional guardianship companies. If the prospective ward disagrees with the report, he or she can hire a lawyer.
Step five based on the report the court determines if the ward is incapacitated. If so the court can appoint a guardian to manage money or personal need or both.
Step six the guardian submits regular reports showing how the ward was cared for and how his or her money was spent. Judges must review and approved the fees with limited time to do so.
One perspective on guardianship from a staffing agency point of view…Gennie De Castro who worked for a Hospice Home Care Agency says “I liked working with the guardians because many times there are a lot of family dynamics and guardianship allows focus on caring for the person in need.”
Please share your experience in seeking or using a guardian. Help others make an informed choice!
Information gathered from Seattle Times article reported by Maureen O’Hagan and Cheryl Phillips.
February 21st, 2008 at 11:29 pm
Guardianship should be considered only as a last resort. Guardianship is ownership. A guardianship ward is stripped of all rights — the right to decide where to live or who to be with, to accept or reject medical treatment, to spend (or save!) ones own money, marry, vote…and the most important right — the right to complain.
Guardianship wards find themselves exploited by their court-appointed “protectors” and it’s all done legally. Hard to believe it’s happening in America?
See FoxTV NY’s special report at: http://www.myfoxny.com/myfox/pages/Home/Detail?contentId=5821397&version=1&locale=EN-US&layoutCode=VSTY&pageId=1.1.1
For more information on guardianship/conservatorship abuse, visit the National Associaton to STOP Guardian Abuse at http://www.stopguardianabuse.org.
Yours,
Elaine Renoire
NASGA Secretary
February 22nd, 2008 at 4:53 am
Unfortunately, the pretty picture painted by this article depicts how guardianships are SUPPOSED to work, not the reality. The reality is corrupt judges and courts, greedy lawyers and a system of “injustice” that serves the people running it, NOT the people it is intended to serve. Once you are in the system it is almost impossible to get out. You are a “ward”, and have less rights than a death row immate.
I speak from personal experience, as my mother was in a conservatorship/guardianship for over 3 1/2 years. I am in the FoxTV report mentioned above, and sadly, it is all true! Please visit the NASGA website at http://www.stopguardianabuse.org, inform yourself, and avoid the nightmare of guardianship abuse!
February 22nd, 2008 at 8:21 am
Many guardianships and conservatorships exemplify the absolute basest in human behavior and the most egregious violations of constitutional rights. Judges, attorneys, and professional fiduciaries ignore the laws enacted to protect the vulnerable. Many persons who are not incapacitated are hurriedly placed under conservatorships with no advance notice through the use of ex parte applications for temporary conservatorship. Once a temporary conservator/guardian is appointed, it is almost impossible to undo. By then it’s too late. the attorneys and the fiduciary have control of your money and you have no ability to defend yourself from these predators. Financial motives rule this lucrative business, not the desire to help the vulnerable preserve their freedoms and assets.
Terri Alvillar/NASGA
http://www.stopguardianabuse.org