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March 2007 Bar Bulletin

A Call for Executive Oversight of Guardians

By Margaret K. Dore

 With increasing numbers of Americans living longer, many are finding themselves under guardianship. The guardian appointed may be a family member or friend, or a “professional” guardian or guardianship company.

In many cases, the guardian is honest and hardworking. Unfortunately, in some cases, however, the guardian abuses or exploits the ward. The exact magnitude of this problem is not known, but the names of articles in the popular press tell the story.¹

The Courts Respond
The issue of guardianship abuse also has caught the attention of the courts. The Supreme Court now oversees the “Certified Professional Guardian Program.”² With this program, there are two entities that supervise professional guardians: the Certified Professional Guardian Board and the Superior Court in each county.³ The Board reports to the Supreme Court.

The premise of this article is that this well-meaning effort to increase guardianship accountability is misplaced. Although courts traditionally have been responsible for guardianship oversight, they are ill suited for this function. Guardians should be licensed and regulated under the executive branch, not supervised by the courts.

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The Media Wakes up to the Abuse!

I was excited when “Edith and Eddy” came out and was nominated for an Academy Award. I was thrilled to witness the success of Billy Mintz’s “The Guardians” movie. I was shocked by Netflix Episode 5 in 2020 on “Dirty Money” about guardianship abuse. I was amazed at the in depth expose by Gretchen Rachel Hammond of the racket in Michigan. I have been delighted to see article after article in the press from local papers in States like New Mexico, Florida, California, Colorado, Texas, Michigan and so many others to the Wall Street Journal and New York Times to the New Yorker magazine and so many other, publish revealing stories about the epidemic of guardianship abuse in America.

But February 19, 2021 was a special day. The blockbuster movie “I Care a Lot” was released on Netflix.

This film is a tour de force! It perfectly depicts precisely what every guardianship victim has experienced. The lies in the courtroom, the compliant Judge, the lockdowns, the greed driven doctors and facility owners, the starvation, the drugging, the theft of property, the sale of homes, how the “cherries” are picked, the sleazy lawyers, the massive money and lucre involved, the fury of the victims and their desperate but always failed attempts to free their loved ones, the arrogance of the predator class–all of it in agonizing detail! Rosamund Pike’s portrayal of the guardian Marla Grayson is more than spot on–her performance is mesmerizing! This is the most accurate and precise depiction of the racket ever. Admittedly the sub plots including Marla’s love life, the “victimized” Russian mobster and his story are fictional

In fact, yesterday the Florida State Guardianship Association publish a polished but panicked opinion piece in all the major state media including the South Florida Sun-Sentinel warning people not to believe what the movie so accurately portrays! 

https://www.sun-sentinel.com/opinion/commentary/fl-op-com-guardian-i-care-a-lot-movie-fierle-20210217-3fityg4kizfbpnjuh22it73mkq-story.html

Introduction

• Currently all district courts who adjudicate adult guardianships have no effective uniform reporting or oversight requirements.

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