Recently we reported on a story published in the Sarasota Herald-Tribune regarding the exploitation of the elderly by the guardians appointed to protect them. (See the story here: http://extra.heraldtribune.com/kindness-strangers/ )
The Ledger recently expanded on the Herald-Tribune’s story by calling for reform in Guardianship Law in Florida:
- “There are, sadly, all too many ways to exploit the elderly — from complex investment scamsto simple theft.
- Stopping such abuse was a major reason guardianship laws were created — to protect a vulnerable population.
- But the Herald-Tribune’s recent series exposed the reality that guardianships themselves sometimes become a form of abuse, draining elders of their crucial financial assets in their twilight years.
- Although such cases don’t represent the majority of guardianships, there are enough troubling examples to reveal a system in need of some reforms.”
See the full story from The Ledger here: http://www.theledger.com/article/20141227/EDIT01/141229482
West Palm Beach guardianship attorneys have seen guardianship situations turn for the worst.
How can guardianship in Florida change for the better?
- Last month state Rep. Kathleen C. Passidomo, a Naples politician, filed a bill that would address some key complaints about guardianships.
- For example, it would toughen notification requirements for elderly personswho have been appointed a guardian. This would reduce the chance of an elderly person and his or her family being “in the dark” about a legal proceeding that involved them.
- It also would add a section specifying that “a guardian may not abuse, neglect, or exploit theward.” The “ward” being the protected elder.
- “Exploitation” would be defined to include wasting the ward’s assets.
- The legislation directs that a guardian should “Consider the expressed desires of the ward … when making decisions that affect the ward”; allow continued contact with family members; and “Notify the court if the guardian believes that the ward has regained capacity.”
Find out more on Guardianship in Florida. See http://www.pankauskilawfirm.com/ for videos and information on Guardianship Law, Court-Appointed Guardians, and Power of Attorney.