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Legal guardians steal millions from elderly, report says

With elderly abuse rising, government and courts consider stricter guidelines.

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By Randy Tucker, Staff Writer Updated 10:01 AM Thursday, October 28, 2010

A scathing government report released Wednesday blames lax screening and oversight of court-appointed guardians for hundreds of allegations of financial exploitation and abuse of the elderly.

The report to the Senate’s Special Committee on Aging focused on 20 cases from 15 states and the District of Columbia in which guardians stole or improperly obtained more than $5.4 million from 158 victims who in some cases were also neglected and abused.

In one case, a former cab driver was convicted of fraud after obtaining guardianship of an unrelated 87-year-old man with Alzheimer’s disease, from whom he embezzled more than $640,000. In Ohio, “the potential for such abuse is very real, but there is no uniform structure in place to even try to prevent that,” said Michael Kirkman, executive director of the Ohio Legal Rights Service.

Governments and courts are considering stricter guidelines, however. The Ohio Supreme Court is considering a proposal to establish statewide certification and conduct standards for guardians.

Meanwhile, Congress next year is once again expected to consider the Elder Justice Act, first proposed in 2005 by Sen. Orrin Hatch (R-Utah), which would deal directly with such issues as protection for seniors under guardianship.

Michael Kirkman, executive director of the Ohio Legal Rights Service, said such legislation is needed to protect seniors who are often appointed guardians after they’ve been deemed incompetent to manage their own affairs.

Kirkman said courts in Ohio are “basically on their own’’ in determining how they manage guardianship programs.

“It’s just a piecemeal system,’’ he said. “Different counties have tried different methods to provide guardians. Most of them (guardians) are pretty good people and do a good job, but there’s very little screening or monitoring that’s done.’’

Requirements for guardians vary widely in Ohio and elsewhere.

Some courts require professional guardians, such as lawyers managing large estates, to undergo certification before they can be appointed. But in many states, certification is optional and almost never required for family members.

Only three states require those applying for guardianship to complete both guardianship training and pass a competency exam.

Calls to the Montgomery County probate court to determine local requirements were not returned.

A report Wednesday to the Senate’s Special Committee on Aging detailed numerous cases in which the courts failed to monitor guardians after their appointment, allowing them to steal or swindle seniors, often out of their life’s savings.

“While many guardians serve the best interests of the incapacitated people they are appointed to protect, others have taken advantage of these vulnerable individuals,’’ the report states.

Some seniors are more vulnerable than others.

In Ohio, for example, guardians of seniors with significant assets are required to provide the courts with an inventory of those assets and a surety bond equal to twice the value of those assets before they are granted access their ward’s bank or retirement accounts, said Adam Fried, a lawyer who specializes in guardianship litigation for Cleveland-based Reminger Co. LPA.

But there are no such requirements for guardians of seniors with little or no assets.

Even seniors’ with money aren’t completely protected.

“I think there’s limited opportunity for a guardian to cheat a ward and escape without notice,’’Fried said. “Unfortunately, it still happens.’’

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