Guardianships putting thousands of elderly Texans at risk
Documents show they’re losing their rights
Repost from: The Houston Chronicle
By LISE OLSENUpdated 11:01 p.m., Thursday, November 3, 2011
Under a court-ordered guardianship, 86-year-old widow Helen Hale was plucked from the house she and her husband had built on wooded acreage in Cypress for their retirement and relocated to an unlicensed group home run by a caregiver with a criminal history.
Across Texas, 30,000 to 50,000 disabled and elderly people like Hale have lost the right to decide where they live, to choose a caretaker or to spend their life savings after being declared incapacitated and ordered into guardianships, according to new estimates obtained by the Houston Chronicle from the Texas Office of Court Administration and interviews with probate court officials statewide.
Nationally, the number of people declared “incapacitated” is rapidly increasing as the population ages. And so have reports about mistreatment, neglect and problems involving relatives and non-relatives appointed to protect them, according to warnings from the federal Government Accountability Office.
In August, Hale’s daughter Jane Goings dropped by the group home and found her mother ill.
“I just knew that there was something wrong with her. Her coloring didn’t look right. My mom looked like a limp noodle,” said Goings, who prior to Hale’s 2011 guardianship lived next door to her mother and shared her care with other siblings.
At Goings’ urging, Hale was rushed to a hospital where doctors found dangerously low potassium levels and a urinary tract infection, according to medical records and interviews with her children.
‘The living dead’
In some of the state’s largest counties, like Harris, Travis and Bexar, so many people are in guardianships that each probate judge oversees from 1,500 to 3,000 “wards” of the court. Yet most judges have only a single investigator to check out potential problems.
Across Texas, courts don’t have enough staffto visit wards even once a year. That means, in many places, that no one is guarding the guardians, though some judges recruit volunteers to do so.
“They lose their rights – they’re the living dead,” declared Houston advocate Latifa Ring, who has argued for reforms and pushed for increased oversight by Congress. “There’s a systemic problem in guardianships.”
GAO reports this year and in 2010 warned that many elderly and disabled people – including many veterans – had been exposed to neglect and rip-offs under guardianship.
Family usually steps in
In most Texas cases, relatives serve as unpaid guardians. Statewide, however, many courts are being forced to hire non-relatives or attorneys to oversee assets, care and other personal decisions because the family is unable or unwilling to do so.
Over the last 12 months, Texas judges ordered a total of $5 million in fees paid to guardians, new state data obtained by the Chronicle shows.
Bexar County has an unusually high number of guardianship cases – about 6,000, which is almost as many as Harris County – because so many military members retire to San Antonio, but have no children or relatives nearby, court officials say.
In some guardianship cases, including Hale’s, lawyers get appointed after families fight over the care of an elderly or disabled relative. Those guardians are paid out of the assets of disabled and elderly Texans.
Hale’s first lawyer guardian was Marcia Pevey, the highest-paid guardian in Texas in the last year, data analyzed by the Chronicle shows. From August 2010 to September 2011, Pevey collected more than $200,000 for guardianship services – more than anyone else statewide.
Pevey did not respond to requests for comment for this story. She was ordered to be paid $13,421 in October for acting as guardian for Hale, who receives only $1,700 monthly as a railroad widow.
Pevey was named guardian because of allegations that one of Hale’s sons had substance abuse problems and had failed to properly care for her, and that some of her children owed her money.
New home, guardian
Hale was removed in August from the group home Pevey selected, and now lives in another facility under another lawyer guardian. One of Hale’s six children hopes to regain control over their mother’s guardianship in a case set for next week. Meanwhile, records show that the total fees charged to Hale exceed $26,000.
Links of interest:
- Victims of Guardians & Other Fiduciaries
- Elder Advocates
- Raising Hale for Helen
- National Association to Stop Guardian Abuse (NASGA)
- STAR AND TRIBUNE Minneapolis, MN September 29th, 2011 (carvercountycorruption.wordpress.com)
- U.S. Government Accountability Office (GAO) Reports on Incapacitated Adults: Oversight of Federal Fiduciaries and Court-Appointed Guardians Needs Improvement (browardhomehealthcareagency.com)
- Gary Harvey Case Illustrates Corrupt, Evil System (dakotavoice.com)
- A Heartbreaking Story of Elder Abuse and Legal “Thievery”: PART 2 (ppjg.wordpress.com)
- Guardianship Abuse: Testimony for the Senate Judiciary Committee (ppjg.wordpress.com)
- Families torn apart by probate court corruption, The truth about conservatorships / guardianships (larkkirkwood.wordpress.com)
- Guardianship Abuse with Guests Latifa Ring and Christine Porter (ppjg.wordpress.com)
- TS Radio: Guardianship Abuse with guests Ken & Bev Cooper (ppjg.wordpress.com)
- Rense & Marti Oakley – Guardianship – Theft, Looting And Murder (ppjg.wordpress.com)
- The Hospital Gestapo: You May Never See Home Again (ppjg.wordpress.com)
- Corruption of the judiciary: Where do we go for help? (ppjg.wordpress.com)
Posted on November 9, 2011, in Abuse, Conservator, Elder Abuse, Exploitation, Guardianship, Guardianship Abuse, Guardianships & Conservatorships and tagged Abuse, Congress, Conservator, Disability, Edward "Bunny" Hale, Elder Abuse, Elder Neglect, Estate, Exploitation, Government Accountability Office, Guardianship, Guardianship Abuse, Guardianships & Conservatorships, Harris County, Harris County Texas, Health care proxy, Helen Hala, Houston Chronicle, Jane Gpongs, Latifa Ring, Legal guardian, Marcia Pevey, NASGA, old age, Probate Court, Probate Judge Christine Butts, San Antonio, Supreme Court of the United States, Texas. Bookmark the permalink. 1 Comment.