Showing posts with label Judge. Show all posts
Showing posts with label Judge. Show all posts

Thursday, February 11, 2016

Judge in Post series moved from guardianship

Editor's note: Your ProbateShark would love to see a Chicago Tribune series on guardianship fraud by the Probate Court of Cook County.  Lucius Verenus, Schoolmaster, ProbateSharks.com

 

Judge in Post series moved from guardianship cases


By John Pacenti - Palm Beach Post Staff Writer

Circuit Judge Martin Colin’s tenure as a probate judge is over in the wake of The Palm Beach Post’s investigation into the the veteran jurist and his wife in the guardianships of incapacitated seniors.
But it remains to be seen whether he still has a role in guardianship through a mediation program he helps coordinate.
Palm Beach County Chief Circuit Judge Jeffrey Colbath, with little fanfare, posted Colin’s transfer on the judicial circuit’s website on Tuesday, moving him from the Probate & Guardianship Division in Delray Beach to the Civil Circuit division in the central courthouse in West Palm Beach.
He is also no longer hearing Family Division cases and will instead hear civil disputes and hold jury trials involving disputes in amounts of more than $15,000.
The move was buried on the circuit’s website and not readily seen without searching an announcement section that appeared blank on the home page.
Circuit Judge Jaimie Goodman will take Colin’s place, hearing guardianship, probate and family cases in the South County Courthouse.
Colin assumes Goodman’s docket as of Monday in the circuit civil division. Colin said he will not seek re-election following The Post’s series, Guardianship: A Broken Trust.
Colin’s transfer comes just as the Florida Senate approved legislation that would give Florida its first regulatory authority over professional guardians. The bill – along with one passed this past year – is in response to complaints of guardians bilking the savings of the elderly as appointed officers of the court.
Many of these elderly seniors — called wards — suffer from Alzheimer’s disease or some other form of dementia.
Colbath did not respond to a request through his spokesperson to comment. He also would not answer repeated queries about whether Colin will continue in his role coordinating the court’s elder care program, a mediation program for guardianship disputes, where many former judges work. Chief Judge Colbath’s father, for example, former Chief Judge Walter N. Colbath Jr., is listed as a mediator for a local company.
Also, it appears that Colbath is not taking any direct action regarding Colin’s wife, Elizabeth “Betsy” Savitt, a professional guardian who has taken tens of thousands of dollars from the life savings of incapacitated seniors prior to court approval in guardianships and in follow-up probate cases.
The couple’s finances improved substantially after Savitt became a guardian in 2011 after years of foreclosures, liens and unpaid loans to private individuals.
As a court-appointed professional guardian, Savitt takes over the lives of seniors and other adults who no longer can care for themselves, managing their finances, medical care and whether they can remain in their homes. She has access to hundreds of thousands of dollars. She was a tennis pro before she became a guardian.
The families of these seniors, backed by reams of court documents, say that besides taking fees without court approval, Savitt double-billed, funneled money to relatives of the ward who are suspected of financial — and even physical abuse. In numerous cases, she was accused by families of creating unnecessary litigation in order to generate more fees for herself and the cadre of attorneys who represent her.
Those attorneys regularly appeared in front of Colin, sometimes seeking his approval for generous fees in other cases. When The Post started investigating, Colin started shedding their cases: 115 recusals from July 1 to Dec. 31.
Colin’s colleagues on the bench presided over his wife’s cases. Currently, she has at least two guardianships but has also been involved in managing special-needs trusts and as a personal representative of estates.
Former Supreme Court Chief Justice Gerald Kogan told The Post for its series that Savitt’s role as a professional guardian created an appearance of impropriety for Colin that put him in jeopardy of violating the state’s judicial canons.
Savitt and Colin have denied any wrongdoing.
Colin didn’t hear Savitt’s cases, but his colleagues do – particularly Circuit Judge David French, a friend who once planned a cruise vacation with the both of them.
French, for now, appears to be staying put in the Probate & Guardianship Division. Earlier this month, Colbath announced a five-point plan that directed all “current” south county judges to recuse themselves from Savitt’s cases so it is uncertain whether Judge Goodman will be hearing Savitt’s cases.
Colbath’s plan also includes training for probate judges and their staff, standardization of billing practices and a wheel system to provide random assignments of guardians to cases.
Dr. Sam Sugar, who has led the charge for legislative reform in Florida as head of Americans Against Abusive Probate Guardianship, said Colbath has not gone far enough.
“The response from Judge Colbath is an outrage and reinforces the widely held and growing perception that the Florida court system does not deserve the trust of the people,” he said.
“Years of blatant conflicts of interest, looting of innocent people’s entire estates, self serving protection of rapacious guardians and lawyers has resulted in no discipline, no consequences, but every indication that this egregious system will continue.”
For Skender Hoti, Colbath’s actions smack of a whitewash.
Hoti is the restaurateur who in February 2012 watched as Savitt – assisting a family guardian — tried to seize possessions from one of his homes using an order by Colin. Hoti claims he is still missing cash, jewelry and other possessions.
Hoti cared for Gwendolyn Batson for decades before the senior’s brother sought to find her incapacitated and seize her assets.
Hoti said Colbath’s changes are sweeping the problem under the rug.
“We’ve been caught so we will change clothing and continue as usual,” Hoti said. “A septic tank plumbing would be more appropriate.”
While Colbath shook up the judiciary with Colin’s move, lawmakers aimed to do the same to professional guardians. The Senate unanimously passed a bill Wednesday to provide the state’s first real regulatory authority over the burgeoning industry, while the House’s Judiciary Committee unanimously advanced a bill that would do the same.
SB 232,is sponsored by Sen. Nancy Detert, R-Venice, while its House companion HB 403 is sponsored by Rep. Larry Ahern, R-Seminole.
“I think a year from now this is going to be the top issue on 20/20 and 60 Minutes,” Detert said before the vote. “I think with this bill we will have the strongest law in the nation.”
The bill would create the Office of Public and Professional Guardians and give the state the power to investigate and discipline professional guardians. The bill has received support from Americans Against Abusive Probate Guardianship, Gov. Rick Scott and the Florida State Guardianship Association.
Ahern, speaking to the Judiciary Committee, said reports of guardians taking financial advantage of the elderly person they are sworn to protect are overwhelming. He told lawmakers that they don’t want to read another story of guardianship abuse.
Jodi Rich, whose uncle was in a contentious guardianship under Savitt, said bills are a good sign of change for the industry to hold bad professional guardians accountable.
“It’s a good idea that the state now looks out for seniors’ welfare,” she said.
Not everybody, though, was a fan.
During public comment in front of the House Judiciary Committee, the bill came under fire for not addressing how new standards will be formulated and was called a Band-Aid on a massive wound.
“It is all about the money,” said guardianship reform advocate Douglas Franks of Pensacola, who has fought a professional guardian on behalf of his mother. “Isolate, medicate and steal the estate — that is what these people go by.”
Staff writer Christine Stapleton contributed to this story.

Thursday, February 4, 2016

Chief judge keeps public waiting on details of guardianship shakeup

Editor's note: This Shark has observed that the Chief Judge of the Cook County court system also, "keeps public waiting" for a guardian shakeup...and the beat goes on.... and on... Lucius Verenus, Schoolmaster, ProbateSharks.com

 

Chief judge keeps public waiting on details of guardianship shakeup


By John Pacenti - Palm Beach Post Staff Writer

Palm Beach County’s chief judge would not say Wednesday whether he would allow longtime probate Judge Martin Colin to continue hearing cases in the division where his wife makes her living as a professional guardian.
Jeffrey Colbath Tuesday released a list of changes in response to a Palm Beach Post investigation about Colin and his wife, Elizabeth Savitt. But none of his five changes says anything about the fate of Colin and his close friend and probate colleague, Circuit Judge David French, who hears most of Savitt’s cases and approves her fees. Colbath would take no media questions Wednesday.
The Post’s series, Guardianship: A Broken Trust, exposed practices by Savitt, including taking fees without prior court approval, double billing and funneling the life savings of incapacitated seniors to relatives accused of taking advantage of them. Her lawyers practiced in front of Colin, a longtime jurist in the Probate & Guardianship Division.
Among the most significant changes is the chief judge’s plan to rotate “personnel” effective Feb. 15 and the recusal of current south county judges from Savitt’s cases. This presumably will include French, a friend of Colin’s and Savitt’s who once planned a Caribbean cruise vacation with the pair.
Colbath also said he will establish a wheel to provide random assignment of professional guardians to cases, provide in-house training for probate judges and court staff and standardize billing practices for guardians and attorneys.
Colbath’s office said on Wednesday that the judge’s rotation will be announced on Feb. 12 but that other details of the overhaul were still being worked out. Circuit spokeswoman Debra Oats said, “It is too early to describe the details related to the implementation.”
Colbath has not spoken to The Post directly about Colin, Savitt or his reforms, instead speaking through Oats or his general counsel.
The Post’s stories revealed how Savitt’s work as a professional guardian created an appearance of impropriety for Judge Colin, according to a former chief justice of the Florida Supreme Court.
Colin didn’t hear his wife’s cases, but her attorneys appeared in front of him for years, relying on him for approval of sometimes lucrative fees. Families told The Post that other judges — Colin’s colleagues — ignored their complaints and concerns about Savitt.
Colin recused himself of 115 cases involving Savitt’s attorneys in the past six months of 2015 after The Post started investigating. In The Post’s series, former Supreme Court Justice Gerald Kogan questioned how Colbath allowed Colin to remain in the division where his wife makes money for his own household.
Neither Colin’s nor French’s offices would say when — or even if — they were being transferred. The question remains if Colbath is going to allow the judges to remain in the Probate & Guardianship Division. Colin announced Tuesday that he is not seeking re-election.
Another question is whether Colbath is going to allow Colin to continue to run the Courts Elder Care Program that would funnel guardianship disputes to mediation. The mediation arena is lucrative and filled with former judges.
Probate Court Operations Manager Tehera Smith referred questions back to Colbath regarding Colin’s position with the program or whether it came with a pay boost.
Kogan, speaking to The Post on Wednesday, applauded some of the changes while wondering about the lack of details on others.
“There are a lot of things here that I don’t know what he means,” said the former chief justice, specifically mentioning the training.
Kogan said transferring judges can go along way in restoring faith in the adult guardianship system in Palm Beach County.
“Rotation of personnel is a very, very good thing,” he said. “It doesn’t allow anyone or any group of judges to become entrenched where they are actually controlling comings and goings in that one division.”
He also said the wheel is used successfully in criminal court to restore the appearance of fairness.
Besides questions about where Colin will land — sources indicate it will be the civil division — concerns remain from families of Savitt’s elderly wards about what Colbath will do concerning the professional guardian. It is unknown whether the standardization of billing practices means he is cracking down on her for taking tens of thousands of dollars in fees in guardianship and probate cases without prior judicial approval.
The Clerk & Comptroller’s Office said in more than 900 cases it has investigated, Savitt was the only guardian who took fees before judicial approval.
Dr. Sam Sugar, co-founder of Americans Against Abusive Probate Guardianship, said Colbath should be able to bar Savitt from working as a professional guardian in Palm Beach County.
“The only people who can discipline guardians are the judges who appoint them,” Sugar said.
Sugar’s advocate group is behind this past year’s new state law that addressed favoritism among judges toward certain guardians and a bill currently working its way through the Legislature that will give the state its first regulatory authority over the profession. He was not impressed with Colbath’s reforms.
He said that a guardianship wheel has not protected families in Miami-Dade.
On the issue of training, Sugar said, “These judges and their personnel are experts in probate law.”
As for Savitt, Kogan said attorneys will be cautious about representing her or referring guardianships to her.
“They are going to be afraid because every case she gets is going to be scrutinized,” he said.
And judges will also shy away from appointing Savitt.
“Remember, judges are political animals and they have to run for reelection,” Kogan said. “They don’t want to read more stories about how they appointed Savitt to a particular case and have this blow up again.”


Thursday, January 28, 2016

Attorney: ‘Courts have allowed this culture’

Editor's note: This Shark has observed the Probate Court of Cook County not only "allowed this culture" but participated in the culture of thievery. Lucius Verenus, Schoolmaster, ProbateSharks.com

 

Attorney: ‘Courts have allowed this culture’



Ellen Morris, who works for Savitt, has also practiced in front of her husband. (Lannis Waters / The Palm Beach Post)
The conflict created for Colin by his wife working as a professional guardian is a frequent topic of conversation among probate and elder law attorneys. But many told The Post that they fear reprisals for themselves or their clients if they speak on the record about Colin, particularly on matters involving his wife.
“I blame the courts because they have allowed this culture,” said one attorney, speaking on the condition of anonymity. “Savitt acts with impunity because she has the wind behind her.”
Probate attorney Edward Shipe said Colin’s conflict of interest at the very least “doesn’t look right, doesn’t feel right.”
“I can’t sit here and deny that,” Shipe said. “So we got this wife and she wanted to do guardianship cases so she started a guardianship business. It was talked about before it happened. I was scratching my head a little bit, thinking, ‘You are going to have problems doing this.’”
Professor Jarvis questioned whether attorneys who represent Savitt hope to get an edge in front of Colin.
“Are they doing this either to curry favor with Judge Colin or to avoid his wrath?” Jarvis said.
Savitt often hires attorneys Hazeltine, Ellen Morris and John Pankauski, prolific practitioners in elder law. They or members of their firms practiced in front of Colin before he began recusing himself from their cases last year. From 2009 to 2014, Colin’s recusals totaled 30. Since the beginning of July, he’s taken himself off 133 cases — 115 involving his wife’s lawyers.
Hazeltine, Morris and Pankauski or their firms — as well as the guardians they represent — have had fees in non-Savitt cases repeatedly approved by Judge Colin, The Post found.
Clifford Hark of Boca Raton refers cases to Savitt. He has also earned fees approved by the judge in other cases. For example, Colin signed off on $51,000 from the estate of retired Judge Stanley Hornstine in September 2013.
One of O’Grady’s daughters, Kathleen Osterbuhr of Derby, Kan., wrote the court to say Hark promised the family to fight Savitt’s petitions for lucrative fees in court, but never followed through.
Mayes said in another letter that “Hark has made mistakes and prolonged this case for his benefit” and that Savitt’s “conflict of interest has caused more problems than it has solved.”
Hark told The Post he has been practicing for 28 years in South Florida and does not “rely on Judge Colin for my livelihood.”
“I represent and zealously advocate for my client’s interest regardless of Ms. Savitt’s involvement in the case,” he wrote to The Post in an email.

Attorney Sheri Hazeltine, left, during a hearing regarding attorney fees. Elizabeth Savitt, seated right, is the wife of Judge Martin Colin and also a professional guardian. (Madeline Gray / The Palm Beach Post)
He pointed out that in some guardianship cases Savitt has opposed his fees and that Colin has also not awarded him the entire amount of fees sought by his firm.
Hark did say that he was unaware of complaints about her by attorneys or family members in the O’Grady case, which he referred to Savitt, and the guardianship of Lorraine Hilton, in which the family accuses the judge’s wife of financial mismanagement. But, Hark reiterated that he recommends other guardians besides Savitt and that the decision, in the end, rests with the families.
Most of Savitt’s attorneys also spoke to The Post but were limited in what they could say on the record.
O’Grady’s son, Mayes, said Savitt capitalized on family turmoil, sending their conflicts to court to be resolved, where the litigation generated more fees.
“That was a fix,” Mayes said in an interview. “I was still doing all the work, but she and her attorneys were billing and kept stirring it up with the family.”
The family learned that Savitt was married to a judge when Judge Rosemarie Scher, then presiding over their case, said she’d been out to dinner with the couple and described the judge’s wife as “part of the judicial community.”
“Savitt never told us beforehand, which I thought she should have,” said Mayes. “The lawyers never told us. I figured he was in another division, but he was in probate.”

Wednesday, January 20, 2016

Guardianships A Broken Trust

Editor's note: The Shark observed the Probate Court of Cook County moving one step further than the Florida court.  Judge Kawamoto and GAL Solo appointed a court adjudicated insane relative to be the guardian of Alice R.  Gore, a disabled 99 year old ward of the Probate Court of Cook County.  Lucius Verenus, Schoolmaster, ProbateSharks.com

Judge’s wife accused of taking fees before court OKs them

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Cover photo: Professional guardian Elizabeth Savitt, married to Judge Martin Colin, says complaints from families of double billing and sending disputes to court to run up fees are ‘frivolous’ and ‘baseless.’ (Madeline Gray / The Palm Beach Post)
E
lizabeth "Betsy" Savitt, a tennis pro turned professional guardian for incapacitated senior citizens, profits from her marriage to a sitting judge, a Palm Beach Post investigation has uncovered.
As the wife of Palm Beach County Circuit Judge Martin Colin, Savitt wields power in her husband’s Probate & Guardianship Division, where guardians are appointed to take over the lives of seniors no longer able to care for themselves. Fees for guardians and their attorneys are paid from the assets of their elderly wards and approved by the court.
In several cases, Savitt has taken tens of thousands of dollars from their accounts without prior court permission, The Post found in court documents.
The chief auditor for Palm Beach County's clerk and comptroller says that in about 800 guardianship cases he's reviewed, only one guardian has taken money without first getting court approval: Judge Colin's wife.
Some of the seniors’ family members express frustration with what they say are unnecessary legal disputes pursued by Savitt that drive up fees for her and her lawyers, depleting their loved one’s assets. In addition, they say Savitt funneled cash and assets to family members accused of financially, or in one case, even physically abusing the senior she is sworn to protect, court documents show.
In December 2014, Savitt held a “mini estate sale” advertised on Craigslist at Judge Colin’s address. “Cleaned out a home and selling all I could find,” the ad said. A lawyer said in court that he was concerned the items belonged to one of the seniors.
In another case, court records show Savitt, working for a family guardian, seized items inside a home and helped load them onto a moving truck. A lot of the items, however, belonged to the homeowner and not the senior. Sheriff’s deputies and a judge made Savitt and her attorney return the items.
Savitt doesn’t appear in front of her husband. She does appear in front of his colleagues.

Judge Martin Colin, a fixture at the south county courthouse, was admonished by an appeals court in 2007 for conflicts involving Savitt after he represented her in her divorce. (Madeline Gray / The Palm Beach Post)
For families, taking on a judge's wife is daunting, and they complain that their protests go unheeded. Savitt responds that she has never been sanctioned for any wrongdoing, and The Post did not find any such instances.
Savitt claimed in an email exchange that her detractors are “disgruntled.”
Besides how she takes retainers and fees, families take umbrage with other actions of Savitt.
The judge’s wife double-billed seniors’ accounts. In one case, she paid back the money after a family member spotted it, court records show. Another instance, cited by the clerk, is part of an ongoing investigation.
Savitt even pursues seniors’ money after their deaths, taking $30,000 in one probate case without court approval and with no apparent justification other than it was to be “held in trust.” The court required her to give most of it back.
Families say they have depleted their own savings fighting her, to no avail.
Judge David French once planned a vacation with Colin and Savitt but Colin couldn’t get a passport at the last minute. (Damon Higgins/The Palm Beach Post)
Savitt has been appointed in about 25 cases, nearly all guardianships, since she became a professional guardian in 2011. She worked without fees for some indigents, but several of her cases involve multimillion-dollar estates. Most of her cases were in front Circuit Judge David French, a friend of her husband’s.
“Colin and Savitt are a particularly good example and a very illuminating one of the conflicts of interest that exist within the guardianship system and how these conflicts lead to a miscarriage of justice and unspeakable amounts of pain, loss and frustration on behalf of families,” said Dr. Sam Sugar, co-founder of Americans Against Abusive Probate Guardianship, the force behind guardianship reform last year in the Florida Legislature.
Several families separately told The Post that Savitt openly cites her husband’s powerful position.
When James Vassallo, whose father Albert Vassallo Sr. is incapacitated, asked Savitt to provide receipts for expenditures he questioned, she told him to mind his own business.
“She told me, ‘In the real world, it doesn’t work that way, but I can get away with it because I’m married to a judge.’”
Savitt declined to address specific documents submitted to the court accusing her of wrongdoing in various cases.
Instead, in an email, Savitt noted that judges always approved her fees, even if she took the money beforehand. She denied selling wards’ possessions out of the judge’s home and said she did nothing wrong in withdrawing the $30,000 from one senior’s accounts.
She called such numerous concerns by families of the seniors in her guardianships “frivolous” and “baseless.”
“To the best of my knowledge, I have not been found by a court after a hearing to violate in any material way an order of the court or a rule that I was to follow,” Savitt wrote.
Savitt also accused The Post of searching for “something negative to write” and that the newspaper was not interested in reporting about her “good work.”
“It is obvious to all who are aware of what you desire to do that you do not intend to be fair, accurate and balanced,” Savitt wrote.
Savitt’s husband presided over cases involving her attorneys for years before The Post began questioning the practice. After that, between July 1 and the end of 2015, he had recused himself from 115 cases involving his wife’s lawyers.
Colin, as well as most of Savitt’s attorneys, also spoke to The Post but were limited in what they could say on the record.

High cost of family discord: Fees blossom in court

During a hearing before Judge David French, James Vassallo represents himself in a case centering around the guardianship of his father. (Damon Higgins/The Palm Beach Post)
The families involved in guardianship cases are often broken. Brothers hate sisters. Fathers characterize their own daughters as evil for opposing them in court. It’s not unusual for many family members to hire lawyers themselves, accusing one another of scheming to get the riches of the incapacitated senior.
Families who spoke to The Post say Savitt exploits those rifts to pursue litigation that drives up her fees. Savitt’s attorneys, though, say it’s the family rancor that necessitates costly actions in guardianships, such as removing a sibling from a trust of a senior.
“I don’t know if they seek out cases where there is family dysfunction, but they certainly take advantage of it,” said Bruce Rosenwater, a West Palm Beach attorney who sought to remove Savitt from a guardianship.
Some family members applaud Savitt. The husband of one of her wards, Dolores Thur, said she’s been a good caretaker and his wife’s assets have been documented painstakingly. Lester Thur, 84, says he doesn’t think any criticism of Savitt is justified even though his wife’s case is under investigation by the clerk, which has questioned several items in the annual inventory, including double-billing.
In five Savitt cases The Post examined, however, family members said the judge’s wife seemed more interested in the money from the estate than caring for the incapacitated senior.
The cases involved Brooklyn plumber Vassallo, 87; Kansas schoolteacher Helen O’Grady, 83; New York accountant Robert Paul Wein, 89; Chicago-area decorator Lorraine Hilton, 94; and Gwendolyn Batson, 89, a retired school administrator who lived in Lake Worth.
O’Grady died in 2012, Batson in 2013 and Wein died Dec. 1, but the other two are still alive and under the power of Savitt.

Gwen Batson: Savitt clears house with husband's order

Gwendolyn Batson, who died at 89 in 2013, was a retired school administrator in Lake Worth. (Contributed)
In a case The Post wrote about in April, Savitt along with attorney Sheri Hazeltine — who represents Savitt in many cases — hauled out belongings from Gwendolyn Batson’s Lake Worth home. Photos show they took nearly everything but the chandelier. Wearing badges with the word “guardian,” they invoked an order signed by Judge Colin, witnesses told The Post.
Colin’s order appointed Batson’s brother and sister-in-law as emergency temporary guardians for Batson in late January 2012, court records show. That decision would be reversed by a successor judge, but not before Savitt and Hazeltine in mid-February broke the lock on the home that Batson lived in and seized all of the belongings.
It turned out the home and much of the property seized didn’t belong to Batson but to restaurateur Skender Hoti, a Kosovo native who had taken care of Batson for decades. To get appointed emergency temporary guardian, Batson’s brother, Kenneth Davis, claimed Hoti had taken financial advantage of his sister. Colin agreed, noting in his order that immediate action needed to be taken to safeguard Batson’s belongings.
But if Hoti was taking advantage of Batson, it was a long con. Their relationship spanned decades. She traveled to Kosovo to attend his wedding and was a fixture at Hoti’s Lake Worth restaurant, Little Italy. Hoti claimed the guardianship was a means for Davis to seize his sister’s properties.
Savitt and her attorney cleared out the home where Gwen Batson lived. But it was her adopted son Skender Hoti’s house. Hoti says most of what they took was his.
Davis used Colin’s order — employing the judge’s wife to help — to seize all the possessions in the home where his sister lived.
As Savitt and others moved items into a truck, Hoti called sheriff’s deputies who stopped them. The two argued that they had authority from Judge Colin but the deputies said the order was insufficient, that they needed what is called a writ of possession.
Hoti said he saw Savitt scream at deputies: “You can’t do that. I’m a judge’s wife. I’m Judge Colin’s wife."
Three days after the seizure of Hoti’s property, Colin recused himself from the case.
Savitt wasn’t Batson’s guardian, yet Judge French approved paying her $1,500 of Batson’s money. The clerk questioned the expenditure more than a year after the house was cleared out and then Savitt submitted a bill, court documents show.
Hoti said even though deputies made them return his possessions, he later found valuables missing: jewelry, firearms and about $18,000 in cash.
Last summer, Hoti said he filed an additional complaint about Savitt with the sheriff’s office.
In a remarkable document, Savitt’s bill filed with the court shows she worked as a hired hand for Batson’s brother to spirit Batson to Alabama.
The bill indicates Savitt spied on Hoti at the restaurant he owns to make sure she could operate unencumbered and take possession of valuables from the Batson residence.
In the end, the restaurateur fought the brother and persevered, getting a judge to order Batson back to Florida.

Savitt's home: $308,000 staves off auction

Elizabeth Savitt’s house in Delray Beach: She took out a $250,000 home equity loan but didn’t make payments on it for years.
In 2011, just before the Batson case, Savitt became a registered professional guardian. Savitt and Colin’s financial picture — replete with foreclosures, debt and liens — started to improve.
Savitt’s path from tennis professional to professional guardian didn’t require much heavy lifting. She completed 40 hours of training, put up a $50,000 bond for her firm Savitt Guardians and submitted to credit and criminal background checks.
The Department of Elder Affairs registered her as a professional guardian in 2011 despite a pending foreclosure on a home she owns in Delray Beach.
Savitt passed the credit check after telling the department that she was in a dispute with her lender and wasn’t past due because of “neglect or oversight.” It wasn’t until November 2014 that her dispute was settled with a judgment of foreclosure, sending the house to the auction block.
Six days before the home was to be auctioned off in March, she came up with $308,000 to satisfy a delinquent home equity loan, court records show. She didn’t make payments for several years on the $250,000 loan and rented out the home for a portion of that period.
Colin’s Atlantis home: He was sued for foreclosure in 2009 but told The Post it was a mortgage modification.
Vassallo found the timing of the $308,000 payment suspicious. “I want to know if any of my father’s money went to her foreclosure case,” he said. When he told Judge French his concerns, a May 21 hearing was abruptly ended.
Despite the delinquencies, Savitt said she paid off the home equity loan on her property before the note was due. “I do not know how many professional guardians are debt free as I am,” she said.
Most of Savitt’s cases are in front of Judge French. Two of French’s ex-wives have described Colin and French as good friends who once planned a vacation together. The two judges have lunch together frequently in Delray Beach.
Families say they are also frustrated by the lack of transparency in the guardianship cases of their loved ones. It's not unusual for key documents regarding the guardian's activities to be sealed.
The Palm Beach County Clerk & Comptroller’s Office audits the guardians’ annual accounting of the seniors’ assets and the guardianship plan. It also investigated complaints, but the office’s investigations and findings are confidential under state law. Records show that at least four of Savitt’s cases have been investigated by the clerk’s inspector general, but any findings remain confidential.

Helen O'Grady: Lawyer aghast as Savitt withdraws $30,000

Helen O’Grady, a former Kansas schoolteacher, invested her money well. (Contributed)
Thomas Mayes of Boynton Beach sought legal advice in a dispute with his two brothers over his mother’s health care and finances. His attorney, Clifford Hark of Boca Raton, recommended Savitt as a guardian for his mother, Helen O’Grady.
Even with Savitt as guardian, it was Mayes who made his mother’s doctor’s appointments, managed her transportation, readied her house for sale — all tasks he thought Savitt should have handled.
After Mayes’ mother died, Savitt recommended that the family urge the court to appoint her curator of the estate, telling them it would save money for her to temporarily manage it until the family disputes were settled.
Once that happened and Mayes became personal representative of the estate, he said he could not get Savitt to pony up details of his mother’s financial picture and relinquish control.
Before Mayes could get a grip on his mother’s finances, Savitt started withdrawing money, court pleadings show.
She wrote herself a check for $1,725 and another for $1,745 to Hazeltine for fees before a judge approved it, according to a pleading filed by attorneys. Hazeltine said Savitt obtained an order allowing her to write the checks, but the order Hazeltine referenced said nothing about fees, court documents show.
Then Savitt took without proper court approval $30,000 to be “held in trust” by her and Hazeltine.
Once Helen O’Grady’s family settled their battles over their inheritance, O’Grady’s son said he couldn’t get Savitt to turn over management of the money. (Contributed)
“This action is so beyond the realm of reasonable conduct that I can hardly express myself right now,” Mayes’ attorney, Christopher Salivar, said in a series of emails to Hazeltine.
Mayes’ lawyers, Andrew M. Schwartz and Salivar, told the court that Savitt actions amounted to the unlawful taking of O’Grady’s property.
“The foregoing actions in and of themselves fall within the textbook legal definition of conversion.”
Mayes agreed. “To me, I thought it was a criminal act. They were intentionally stealing it. This is how they make their money.”
Judge Edward Garrison ordered Savitt and Hazeltine to return all but about $2,600 of the $30,000.
But that was not all. After the $30,000 withdrawals, the two asked for flat fees of $55,000 each, citing a state law that entitles personal representatives to 3 percent of the estate. Personal representatives, also known as executors, administer and close out the estate. Savitt was simply the temporary curator of the estate — not the personal representative.
Savitt and her attorneys would not relent on their claims for fees. Mayes said he aimed to fight them in court, but settled after his wife got ill, liquidating his mother’s long-held Philip Morris stock to pay them.
Grady’s family estimates attorney fees and court costs from their own pockets of around $150,000. “Is this fair? Is this reasonable?” Mayes’ sister, Kathleen Osterbuhr wrote to the court in objecting to Hark’s fee. The attorney who represented Mayes and recommended Savitt collected more than $35,000.
“My mother Helen O’Grady did not benefit from having a court-appointed guardian. … My mother was a teacher who raised five children on a salary that was less than what Mr. Hark has already been paid.”
Mayes estimates that fees for Savitt and her attorneys — Hazeltine and Ellen Morris — amounted to more than $70,000.
“They just kept draining the estate,” Mayes said. “And the judges kept rubber-stamping all of this. They are not helping the elderly; they are helping themselves.
Savitt denied any wrongdoing. “Of course, I did not convert $30,000 and that would be a lie to report that I did.”

Lorraine Hilton: Son accused of abuse gets money from Savitt

New guardian: Lorraine Hilton and her grandson Max, who has taken over her care. Her son Robert, who Savitt paid, was accused of abusing her. (Contributed)
In the case of retired decorator Lorraine Hilton, Savitt’s actions benefited Hilton’s son Robert, who was accused of physically abusing and stealing from his mother, according to court documents. Savitt’s attorney Hazeltine persuaded Hilton herself — who had advancing dementia — to agree to a guardianship.
Her other son, James Hilton, learned in March 2013 that Savitt had taken control of his mother’s assets, though Lorraine Hilton had a living trust established in 2007. Lorraine Hilton in a declaration for a preneed guardian explicitly stated that she didn’t want her son Robert taking care of her.
James Hilton sought to intervene as an emergency guardian. He also wanted a restraining order against his brother, Robert. James Hilton cited incidents such as an “accident” in which Lorraine Hilton broke her hip and Robert left her at the hospital and left the state, court documents say.
“I am truly alarmed that a judicial process has been put in place there without me having been duly contacted,” wrote James Hilton, who died in February.
Robert Hilton declined to comment. Billing documents in the case indicate his many demands on Savitt, such as for $20,000 of his mother’s money to buy a warehouse.
Billings from Savitt and Hazeltine memorialize phone messages from Robert Hilton left for Savitt in which his mother can be heard weeping in the background. On another, she called when all of sudden Lorraine Hilton let out “a blood-curdling scream and cuts off.”
Savitt resigned after James Hilton came forward. James Hilton objected to Savitt’s final accounting, accusing her of funneling money to Robert Hilton.
The pleading alleges:

  • Savitt failed to secure a bank account, off of which Robert Hilton wrote two checks totaling $49,685 for real estate. The deeds indicate he’s the sole owner. The pleading alleges that Lorraine Hilton appears to have signed the checks.
  • Savitt paid Robert Hilton $2,500 without explanation or receipt. She also paid $5,300 for property taxes on two homes owned by Robert Hilton.
  • Savitt took as much as a $2,000 retainer fee without prior court permission.
  • A Wells Fargo bank statement shows Savitt accessed Hilton’s account to make two separate deposits and to write two checks — all four in the amount of $3,189.50 — without explanation.

“The system sometimes ends up harming the people it’s supposed to protect,” said Palm Beach Gardens attorney Thomas Dougherty, who filed the objection on behalf of James Hilton.
Judge French took no action on the objection against Savitt.
Judge Krista Marx. (Gary Coronado/Palm Beach Post)
Savitt also took various amounts from the bank accounts of seniors without court approval in three of the guardianship cases The Post examined.
For example, at an August hearing before Circuit Judge Krista Marx, Savitt acknowledged she took about $17,000 for her fees and a retainer from Robert Wein’s accounts without prior court permission. Judge Marx approved the payments, saying Savitt simply was “asking for forgiveness instead of permission.”
When asked about this, again Savitt pointed out that the judge approved her actions.
Anthony Palmieri — senior internal auditor of guardianship cases for the clerk — said a guardian taking a retainer or other money from a senior without prior court approval “would not be consistent” with any of the 800 other cases he’s reviewed.
“From an auditor’s perspective, it is a concern,” he said.
Is it legal?
Florida law says that “when fees for a guardian or an attorney are submitted to the court for determination,” several factors determine whether they are reasonable. It goes on to list the factors.
Ellen Morris, one of Savitt’s attorneys, cited sub-sections of the guardianship law in saying that her client is allowed to take money without court approval. “You will not find anything that says guardians need approval to pay their fee,” Morris told The Post in an email exchange. Morris serves as administrative chair on the executive committee of the Elder Law Section of The Florida Bar, which promotes professional standards for the lawyers who practice in the area.

Mini-estate sale at judge's house

But it’s not just bank accounts, but property and possessions of these elderly wards that are controlled by professional guardians. Savitt’s actions have been questioned in this regard, as well.
In the Robert Wein guardianship, attorney Rosenwater expressed concern to Judge Marx in August that the judge’s wife may have sold some of Wein’s belongings at the December garage sale.
A listing on Craigslist in late December under “mini estate sale (Atlantis FL)” and listing the judge’s address, stated: “Cleared out a home and selling all I could find. I got new quality items.” For sale: jewelry, fine china, computer, printer, artwork and various household items.
When asked about the garage sale by The Post, Savitt rolled her eyes. When it was brought up in court during a hearing in the Wein case, she appeared irritated. Savitt denies any item of a ward was sold at the garage sale.
“The guardian is getting money, the guardian’s attorney is getting money, and interested parties come into the case. Everyone is getting paid and it’s all coming from the ward’s money,” Rosenwater said.

Robert Wein: Costly try at annulling marriage

Before Robert Wein died, Savitt tried to annul his marriage to Vita Wein, 82, whom he wed in 1958. Vita says Savitt is a ‘despicable woman,” but Robert’s brother Daniel says Savitt has always been ‘aboveboard.’
The case of Robert Wein illustrates the often savage nature of guardianship cases. Family members say Savitt splits families into camps by pursuing what is called “staged litigation,” settling disputes in court to run up fees.
On one side is Daniel Wein, Robert’s brother.
The other side is Robert’s wife, Vita, and Jodi Rich, Daniel’s estranged daughter.
Rich said all Savitt has done as guardian is “bill, bill, bill” and criticized her lack of success in tracking down $700,000 in promissory notes owed to her late uncle, who died Dec. 1. Robert Wein was worth up to $3 million, according to court documents.
Though married in 1958, the couple renewed their vows in 2014 and obtained a Florida marriage license. Daniel Wein believed his brother divorced Vita, 82, and wasn’t competent enough to remarry. So for the last months of Robert Wein’s life, Savitt — as his guardian — focused on undoing the union of this elderly couple in a fight over what would be a lucrative estate.
Vita, as a spouse, can claim one-third of Wein’s estate. Daniel claims Vita Wein and Jodi Rich are interested only in that money.
“She has been guardian for 12 months and hasn’t done anything except try to dissolve the marriage of these two elderly people who had been married for 58 years,” said Rich before Wein’s death. “So there are two marriage licenses. Who cares? What’s the difference? They wanted to end their life together.”
Emails show Savitt discussing with Daniel Wein trying to get the authority to annul Robert’s marriage, contending he and Vita were divorced and that she tricked him into remarrying in 2014. Savitt also was trying before Robert’s death to amend the trust to give Daniel $150,000.
“Daniel and Savitt, they are in bed together,” Rich said. “We have a lot of evidence.”
Litigation on the marriage issue resulted in an expensive 2½ hour court hearing and depositions before the matter was dropped unceremoniously by Savitt at a hearing in August.
“Savitt is the culprit here. She is the one who caused all the problems,” Rich said. “She shouldn’t be a guardian.” Daniel Wein, though, praised Savitt for protecting his brother’s assets.
“I don’t know how she handles her other cases; I know with this, particularly with my brother, they have been aboveboard,” he said.
Vita Wein, though, has pressed Savitt to explain her actions.
In a June 10 deposition and in his motion for Savitt’s removal, Vita’s attorney at the time, Rosenwater, repeatedly tried to get the judge’s wife to say why she hadn’t filed one invoice in the case in eight months but took $17,000 without prior court approval.
When Savitt refused to answer a question about whether she had any objections to a critical report to the court on Wein, Rosenwater was exasperated. “She can’t answer. It’s amazing,” he said.
“The guardian has used her fiduciary relationship with the ward for her own financial gain, as well as her attorney,” Rosenwater wrote in another pleading. “It is clear the guardian has breached her duties.” Rosenwater no longer represents Vita Wein, and Robert Wein died before a motion to remove Savitt as guardian was ruled on. A motion for sanctions against her remains unresolved.
Vita Wein, in an interview at her nursing home before her husband died, said Savitt saw her as a threat to the amount of money she can siphon off her husband’s assets. She said her husband, who was struggling mightily with dementia, just wanted to be happy in his waning years.
“She is a despicable person. She is very two-faced,” Vita Wein said from Colony Club in Sunrise. Her husband, oblivious to the complex details driving her anger, sat down next to her on the love seat. He died less than two weeks later.
Savitt said annulling the Weins’ 2014 marriage was well within the propriety of the court, but she wouldn’t answer why the legal action was necessary for the ward at the end of his life when the 1958 union was still valid.

Albert Vassallo Sr.: From friend to enemy, Savitt cites 'bad blood'

James Vassallo holds a photo of his parents, Albert Vassallo Sr. and Geraldine Mickey Vassallo. (John Pacenti/The Palm Beach Post)
James Vassallo can’t stop beating himself up. He blames himself for allowing Savitt to take control of his father’s finances. As result, he has a list of questions about Savitt’s actions that he says remains unanswered to his satisfaction.
Like in the O’Grady case, Vassallo sought the advice of Hark when he learned last year that his brother and sister had transferred $180,000 from the accounts of his father. And like in O’Grady, Hark steered him to Savitt, saying she would protect the assets of Albert Vassallo Sr., who was suffering from early stages of dementia.
Vassallo, who moved from Brooklyn to live next door and care for his father at Century Village in Deerfield Beach, says Savitt instead aligned with his sister who had taken $140,000 and other assets, according to demand letters.
Albert Vassallo Sr. in November 2015. (John Pacenti/The Palm Beach Post)
Savitt successfully petitioned Judge French to remove Vassallo as a trustee to his father’s estate, which would have allowed him to retain some administrative control. Savitt claimed Vasallo wasn’t getting along with the very siblings, whose actions prompted him to seek the guardianship in the first place.
“If I knew her husband was a judge, I never would have went with her because whatever I said to her meant nothing. She can do whatever she wants because she has the court’s backing and that is exactly what is happening now,” said Vassallo.
In a voicemail that Vassallo still has, Savitt had assured him attorneys were working to remove his brother and sister but there was no reason to remove him because “you didn’t do anything wrong.” She did, however, suggest paying Hark more money to defend him just in case.
Vassallo said Savitt made her move to remove him from his father’s trust after he repeatedly questioned her billing practices. He estimates that Savitt and her attorneys collected $40,000 to get him off the trust. His father’s savings have been depleted by more than $200,000 in about year, he said.
Savitt said, “To accomplish getting the relief favorable to the Ward, and because of bad blood and conflicts between all three children of the Ward, it was agreed by the lawyers that I should be the sole trustee, not because of anything wrong James did.”
Vassallo produced email and bank statements showing how Savitt doubled-billed his father’s accounts by about $7,300 and did not pay it back until he confronted her with the bank account statements. “She never would have given that back on her own,” Vassallo said. The $7,300 plus a $3,000 retainer fee came before a judge approved them and even before she submitted a petition to the court for that money.
To address the $180,000, a deal was struck in mediation, allowing James’ brother and sister to pay back half the money over 15 years and keep the rest.
Vassallo never signed the agreement and vehemently opposed it.
After The Post asked Savitt about $10,000 in U.S. savings bonds, James Vassallo said she told him the bonds had been located and provided her accounting of expenses.
Still missing is reimbursement for his dad’s Hyundai and assets from a savings account and a safety deposit box, Vassallo said. “My father said it was over $100,000 in there.”
Trust attorney John Pankauski, who has represented Savitt, was forced to defend himself in a divorce case that Judge Colin presided over from accusations that he was part of a strategy to get Colin recused. (Damon Higgins/The Palm Beach Post)
But the knife in James Vassallo’s heart came when Savitt and Judge French allowed his father to be permanently placed with his sister, Susan Mast. Savitt is paying the sister $2,400 a month for the father’s care under a settlement agreement that bears the guardian’s signature. Little of the money initially taken has been returned.
Albert Jr. says his father consented in court to remain with his sister, but James Vassallo says the judge never should have asked his incapacitated father if he wanted to live with Mast considering the money owed.
Mast cursed at a reporter when asked about the case and threatened legal action. Her brother, Albert Jr., said the money he got from his father was a gift to help him pay his medical bills.
Vassallo has also questioned Judge French in court about whether any money from the bank accounts of Savitt’s wards went to satisfy the foreclosure judgment on her Delray Beach home. He also objected at a hearing to attorney John Pankauski'sbill — which at the time was for $18,000 and heavily redacted.
“I asked the judge, ‘What are you going to do, rubber stamp everything?’ and French told me that Pankauski should have charged my dad $40,000,” Vassallo said.
Now Vassallo has hired attorney Dougherty, hoping he can work the same magic he did for James Hilton by detailing questionable actions by Savitt for the court. Vassallo hopes this would force her to resign or have a court remove her.
Albert Vassallo Sr. remains alert and talkative. Interviewed at a Deerfield Beach senior center, he said he doesn’t trust Savitt. “She doesn’t show me any reports. At least, show me where the money is going,” he said.
James Vassallo can’t sleep at night, poring over bills and other documents, thinking what he could have done differently. His apartment is piled high with stacks of court papers.
“I was the one who brought this woman into my father’s life,” he said. “And what is she doing? She is taking the money that these seniors worked so hard for, set aside for their children, for their grandchildren.”


Data editor Mike Stucka, researcher Melanie Mena and staff writer Holly Baltz contributed to this story. Web page production by Kristyn Wellesley and Gurman Bhatia.

Monday, April 27, 2015

Judge Guy Herman Insulting Battered Families of Judicial Abuse

Editor's note: This Shark believes that one does not have to travel to Texas to be insulted by a judge...we have our own boorish judges in the Probate Court of Cook County.  Lucius Verenus, Schoolmaster, ProbateSharks.com


Harris County Texas Judge Guy Herman's Testimony at the Senate Committee on State Affairs on SB1876

Source:
Judge Guy Herman Insulting Battered Families of Judicial Abuse

Thursday, April 16, 2015

Courts, lawmakers working on protection for weakest citizens

 






Judges and lawyers responsible for Clark County’s flawed guardianship system acknowledge they have a problem.
They just say they’re powerless to fix it.
Guardianship Commissioner Jon Norheim and his supervisor, Family Court Judge Charles Hoskin, say they lack the money, staff and authority to prevent the financial exploitation of county wards detailed Sunday by the Las Vegas Review-Journal.
But in Washoe County, a single judge is credited with making sweeping reforms that cleaned up a similarly troubled guardianship system.
And Nevada lawmakers are considering three reform bills that are opposed by professional private guardians but supported by advocates for the elderly and the incapacitated.
EASY TO BEAT SYSTEM
Becoming a private professional guardian in Nevada is as simple as showing a certification from the Center for Guardianship Certification, a not-for-profit organization based in Harrisburg, Pa.
The requirement is that hard to meet, the Government Accountability Office reported in 2010.
Undercover agents for the investigative agency used false background information on applications to the Center for Guardianship Certification. They were not required to give a Social Security number, nor was there any kind of background credit check, the agency reported.
The agents were certified after providing fake ID and passing the center’s written test.
Then, as now, Nevada doesn’t license or even do its own background checks on professional private guardians. If it did, it might have had reason to question the qualifications of Patience Bristol, who worked in the office of private guardian Jared Shafer while going through Chapter 13 bankruptcy from 2005 to 2010.
Bristol became a certified private guardian and opened her own office in 2012. She is now serving three to eight years in prison for stealing at least $200,000 in money and property from four of her wards. Prosecutors said much of the money went to cover major gambling losses.
In a curious foreshadowing of the Bristol case, the 2010 GAO report referred to an unidentified case manager in a Nevada county’s public guardian office who started her own guardianship business and was accused of stealing at least $200,000 from wards’ accounts to support a gambling problem. Details in that case — some three years before Bristol’s arrest — were not available from the GAO.
Hoskin and Norheim acknowledge Nevada’s guardianship system is especially vulnerable to exploitation by someone like Bristol, who worked for the county from 1998 until 2003.
Someone who knows the intricacies of the system “would have a much better idea of how to work the system than somebody who didn’t have that background,” Hoskin said.
Blatant “conversion” — theft — brought Bristol the attention of a bank investigator who blew the whistle.
Prosecuting a guardian who is exploiting a ward by overcharging for legitimate services can be far more tricky, said attorney Michael Olsen, who represents one of Bristol’s victims, Kristina Berger.
As in other cases examined by the Review-Journal, Berger’s guardians ignored the state’s minimal requirement of an annual report to the court showing spending from a ward’s estate. Neither Shafer nor Bristol ever made a report during Berger’s five-year guardianship, and the court never noticed.
“We do have some rules on the books that also need to be better enforced,” Olsen said. “I think we need to continue to develop the statutes.”
Olsen, who has been a practicing family and elder law attorney in Las Vegas for more than a decade, would like to see other changes to better protect the vulnerable, such as an increase in court monitoring. He would end the practice of letting guardians finance legal battles with the families of their wards with the ward’s own money.
Even without those reforms, Bristol’s prosecution could set a precedent, Olsen said.
“I would like to see (Las Vegas police) continue to be increasingly diligent in looking out for the seniors and the vulnerable who have been taken advantage of and prosecuting those cases criminally,” Olsen said. “I think that will have more of a deterrent effect than anything we can do on the civil side.”
MORE OVERSIGHT NEEDED
Hoskin and Norheim say they need more money to adequately oversee the county’s guardianship system, including additional funding for the public guardian’s office, adding more compliance officers to monitor guardians and funding a volunteer program to represent wards in court.
“We only need private guardians because the public guardian’s office is inadequately funded,” Norheim said.
But one Nevada county has dramatically reduced exploitation by guardians without having more money to spend.
Washoe County District Judge David Hardy said he recognized the need to better protect wards in his early days as a private practice elder law attorney.
“The guardianship system itself contemplates that one person will be in charge of another person’s finances. When that happens, you’re going to have a small percentage of people who serve themselves,” Hardy said. “It’s easy to take from somebody who can’t defend himself or herself.”
Now Washoe County’s chief judge, Hardy worked with his colleagues to develop protocols giving wards more of a say in their treatment and narrowing the authority of guardians.
“In the old days, we used to appoint the guardian and then expect that the guardian would show up a year later with the accounting,” Hardy said. “Sometimes they would, sometimes they wouldn’t.”
With the help of a federal grant, the Washoe courts and the Reno-based National Center for State Courts recently completed a study that recommended reorganization and reallocation of resources, making it possible to hire a guardianship compliance officer to better monitor cases without additional funding, Hardy said.
Nevada advocates for the elderly credit Hardy’s reforms with greatly reducing complaints about his county’s guardianship system.
“It’s very easy for these cases to fall through the cracks unless we have the resources within the court to monitor those cases,” Hardy said. “In Washoe County, we have a thousand guardianship wards that are subject to orders, yet we focus every single week on new appointments. We grow this backlog of cases where there are living, vibrant people. And we focus our resource attention on the appointment, and too often neglect the appointment monitoring and supervision of cases.”
PENDING LEGISLATION
While critics of the guardianship system say much can be done at the county level, they also are pushing state lawmakers to adopt major reforms.
The Legislature is considering three bills pertaining to Nevada guardianships. Senate Bill 262, sponsored by Sen. Becky Harris, R-Las Vegas, would remove the requirement for a guardian to be a resident of the state. Assembly Bill 9, from the Legislative Committee on Health Care, would prohibit the courts from granting summary administration of a ward’s estate if that person is suffering from any form of dementia.
Assembly Bill 325, sponsored by Assemblyman Michael Sprinkle, D-Sparks, which would require annual licensing and regular audits of private professional guardians, appears to be facing the biggest fight — from the private professional guardians.
In a letter to lawmakers, Shelly Register, a private professional guardian in Sparks, warned that if AB325 passes, it is “likely to put private professional guardians out of business.”
But Barbara Buckley, executive director of the Legal Aid Center of Southern Nevada, is helping push the bill.
“We have regulatory bodies for things such as barbers,” Buckley said. “But not have a similar body when we’re talking about the lives of vulnerable seniors?”
Buckley, a former Assembly speaker, said the system totally lacks oversight of private guardians.
“We need someone looking into the practices of guardians,” Buckley added. “We have seniors who are being told where to live, how much of their own funds they will receive. We need proper oversight to make sure these people aren’t being exploited.”
Sally Ramm, an elder rights attorney with the state’s Elder Protective Services, said current court oversight isn’t enough. She argues that the need for licensing, monitoring and oversight is crucial as the industry expands along with the number of older Americans needing help.
Ramm echoed Hoskin and Hardy in saying courts need more investigative powers as well as the funding to put it to use.
Adding a licensing aspect to guardians would both enforce more restrictions on guardians and give people another avenue to file official complaints against guardians, she said.
Contact Colton Lochhead at clochhead@reviewjournal.com or 702-383-4638. Follow @coltonlochhead on Twitter