Woman’s costly court battle prompts call for reform of guardianship system
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Ninety-one-year-old Sophie Paulos spent three months and more than $30,000 proving to court officials that she was competent enough to run her own life.
Two of her daughters had told a local judge that they suspected Paulos was being financially exploited by family members. They said they were worried about her health. They questioned whether she was mentally sound.
By the time the three-month ordeal was over, Paulos says, she had paid $30,000 for court-appointed lawyers she never wanted and another $70,000 on related legal expenses.
“I was humiliated,” said Paulos, who is frustrated with court officials who she says drove up the bills. “I had to pay for this and they don’t care.”
Now Paulos’ son-in-law — former Texas Health and Human Services Commissioner Tom Suehs — is holding her case out as an example of how the guardianship system needs reform.
Since Paulos’ case was settled in October, Suehs has been connecting with legislators and guardianship advocates who say people are unfairly dragged through the courts and forced to spend thousands of dollars to protect their independence. Now they’re pushing for changes that would require speedier hearings and force courts to prove they need to intervene before launching full investigations. The proposals have drawn support from AARP and Rep. Stephanie Klick, R-Fort Worth.
But lawyers and judges say the proposed changes would leave people more vulnerable and throw unnecessary roadblocks into the process.
Adult guardianship cases are essentially lawsuits designed to ensure vulnerable seniors and people with disabilities are not abused, neglected or exploited. A probate court must determine whether people are competent enough to keep themselves safe and healthy. If a judge deems they are not, he can appoint a guardian to make medical, financial and other decisions for them.
Between September 2011 and August 2012, more than 4,500 adult guardianship petitions were filed in probate courts across the state. Of those, 206 were filed in Travis County.
Some guardianship cases — such as those for a person in a coma, for example — can be concluded in a matter of days. Others can takes months or years to resolve.
Those involved in the process say people often need guardians for reasons such as dementia or failing health. But sometimes people who need help don’t realize it or can’t recognize the signs of trouble, said Travis County Probate Court Judge Guy Herman. They don’t see that they are being scammed by strangers or giving away all their money.
Consequently, they balk at the the idea of needing a guardian, Herman said.
“Let’s face it, when there is a guardianship, somebody’s losing some rights,” he said. “It’s a loss of freedom and they’re well aware of it.”
Paulos certainly was.
“I am very hurt that they put this through the court,” she said. “I am not incompetent.”
Escalating costs
Until 2009, the year she broke her leg, Paulos lived independently in her Austin home. Then she moved into a senior living community where she was happy. At some point — exactly when is a matter of disagreement among her three daughters — Christine Suehs began handling her mom’s money.
That move ultimately caused friction in the family, said Frances Rabel, who is Paulos’ daughter and lives in Spring. Rabel said she and her other sister, Marianne Clay, who lives in Hays County, were cut off from knowing anything about their mother’s financial affairs.
The sisters suspected the Suehs were exploiting their mother and that Paulos’ health was deteriorating. The Suehs denied they were taking advantage of her, saying that she made all the financial decisions, and that her health was not threatened.
On July 17, 2012, court documents show, Clay called the state’s Adult Protective Services division, which investigates allegations of abuse, neglect or exploitation. Both sisters also expressed their concerns in letters to Herman.
As required by law, Herman assigned someone to investigate the case. He appointed local attorney Nancy Scherer to serve as Paulos’ guardian ad litem, a lawyer charged with acting in Paulos’ best interest. Paulos had to pay the guardian about $300 an hour, the court-approved rate.
State law requires that guardians ad litem be paid either by the county or the estate of the suspected victim. In cases where someone is indigent, Travis County taxpayers give lawyers an hourly fee of $85 to $100.
The potential ward can not immediately refuse to have a guardian ad litem. As part of the investigation, guardians ad litem have access to the potential ward’s financial, medical and personal records.
Paulos immediately objected and hired her own attorney to fight the process. Now she was for paying two lawyers.
“I felt like I wasn’t a citizen,” Paulos said. “He’s asking me to give all my financial documents to a stranger? Who would do that?”
State law allows a potential ward to ask for a hearing at any time to challenge the court’s intervention. But nobody explained this to Paulos, according to the Suehs family.
As the guardian ad litem scrutinized the case, the state’s Adult Protective Services investigated and determined that Paulos was not being financially exploited, that her health was not threatened and that she was not being unduly influenced by Christine Suehs.
“Considering her age (90 years old), her medical diagnosis and physical limitations, Mrs. Paulos appears to be in an ideal situation in terms of her living environment and access to quality care and support,” the report states.
That document went to the court. But Scherer wanted Paulos to take a mental exam, which is often needed when a potential ward’s competency is questioned.
Adult Protective Services investigations are “just another piece of information,” said Scherer, who declined to discuss the Paulos case because of confidentiality constraints.
Judges, lawyers defend system
What followed was a back-and-forth that lasted for another two months. Paulos went to two doctors of her own choice, both of whom deemed her mentally sound. But Scherer rejected the results because the physicians didn’t perform the kind of tests she wanted. When Paulos went to a doctor picked by the guardian ad litem, he wanted more tests and she put her foot down.
Paulos’ daughters asked the court to appoint a permanent guardian to handle their mother’s decisions. The court appointed an attorney ad litem, which, by law, Paulos also had to pay.
The dispute finally ended with mediation. The terms of that settlement are confidential. All parties say they are satisfied with the results.
The Suehs say Paulos ended up paying $30,000to court-appointed lawyers and another $70,000 for her own attorneys and estate planning costs she never would have incurred otherwise.
She wasn’t the only one saddled with legal bills. Rabel, who feels like the process worked well in this case, says she paid her own lawyer $20,000. The Suehs family also paid $20,000 in their legal expenses.
With Paulos’ permission, Suehs embarked on an effort to revise the guardianship process.
With support from Klick, AARP and families advocating for reforms, Suehs has proposed changes such as holding hearings within 15 days and forcing people to sign affidavits before bringing concerns to the court.
Judges and lawyers from across the state balked at such proposals.
Fifteen days might not be enough time to effectively determine whether someone is in jeopardy, said Austin lawyer Deborah Green, who regularly works guardianship lawsuits and served as Paulos’ attorney ad litem. They might not be able to get people to a doctor or review records, so a hearing could be a waste of time and money, she said.
Lin Morrisett, an associate judge for probate court in Tarrant County, opposes the idea of forcing people to sign affidavits before lodging concerns about someone’s safety. While he does see that as a “reasonable protection” against false allegations, he also worries that the new hurdle would keep people from reporting potential problems. He has never had a case in which he believed the guardianship application or information letter was brought in bad faith, he said.
Throughout the session, Suehs has approached legislators about attaching his proposed reforms to bills headed to the legislature. Those suggestions continue to evolve as the process goes on, but they all center around the same issues. Probate lawyers have offered compromises but none of that has been resolved.
“Before we remove somebody’s civil rights, we need to make sure they are, in fact, at risk, that they are being exploited and that they are incapable of making decisions,” Suehs said.
Additional reporting by Eric Dexheimer.
EXPERT REPORTING
Andrea Ball has covered social services for the American-Statesman since 2002. In recent months her work included an analysis of questionable investigations into patient deaths at state mental hospitals and sluggish efforts to find affordable housing for homeless people.
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Comment(s) 1-7 of 7
- aus10
The new financial growth sector: US Legalsystem, Inc. Divorces, Dwi's, custody, etc. Their motto is "whatever you're charged with, we'll charge you, too!" (Visa, Mastercard, Amex accepted)
- TxAdvocate
Good story Andrea, and thank you for reporting it. Mrs. Paulos story is one that is heard time and time again in Texas and through out the country. Probate Judges refuse to see the exploitation occurring inside the walls of their court rooms when the lawyers they appoint are also enjoying the free for all and paid as taxed for costs in their scheme of exploitation. It is not called exploitation when the court appoints the one acting in bad faith. Mrs. Paulos was doing fine until an allegation was made. Once it was unfounded then the judge and those who were appointed should have been charged with the "exploitation". There is a need for reforms to ensure that the system is not depleting the estates of the elderly, using the disabled for head count for the programs who are now becoming a guardian of a person with little to no oversight for the well being of the person or protecting their estates from the business industry in Guardianships.
It is obvious that when a judge or an associate judge support the exuberant legal fees in guardianship cases that they are not looking at the protections of anyone other than protecting those they appoint in generating their fees, this process ultimately defeats the intent and purpose of guardianships. Without reforms more and more people will be forced into the same process as Mrs. Paulos because of age, or disability. True that a person loses their civil rights under the state law in guardianships due to age or disability specifically in court initiated guardianships. A process that is discriminatory at best, no hearing could be "a waste of time" under these circumstances. Criminals indicted and charged lose their civil rights, in guardianships the elderly and disabled equally lose their rights to life, liberty and property to those the courts appoint to "act in their best interest". Many become dependent on the government programs after the court and their attorneys leave them indigent in cases that go on for months or years leaving the taxpayers to pick up the tab for their long term care when they had saved all their lives for their elderly years in the hopes to not become dependent on anyone until they pass away.
In 2005 the Guardianship System was reformed when several probate judges addressed the legislature that APS was failing to protect the elderly. Now it is time to reform the system again to protect the elderly and disabled under guardianships from the so called "court appointed protectors". As stated by guardian ad litem Sherer, "APS is just another piece of information"- obviously their piece of information becomes a waste of time to the texas taxpayer when the courts and their attorneys ignore the very entity that was created to protect the elderly and disabled from abuse, neglect or explolitation. Unfortunately APS has no authority to protect them from the court appointed protectors, including the paid for services guardians, this includes programs, corporations, private professional guardians, certified guardians, medical professionals, etc. anyone the courts chooses to "act as a protector". Guardianships are all about money, no longer is it truly about protecting or making decisions for a person in need of assistance.
None of these attorneys stop to think "what is going to happen to the person when the money is all gone?"
Do they even care? Do they care what they are putting these vulnerable people through and their families? Ms. Paulos was right on target when she said "they don't care".
Yes, reforms are desperately needed if the State of Texas believes they have a system of justice in "Justice for All" specifically in Probate, a court created to administer the estates of the deceased. Effective January 2014 Guardianships will be included in the Estates Code, which seems to suggest that the elderly and disabled living will become property, not a living human being, they will become legally dead when they are left without any rights including no rights to be protected under an Estates Code by those who the courts appoint.
GRADE advocates for those who are unseen and unheard placed under the court appointed protectors. We agree with Judge Guy Herman as he stated "They don't see that they are being scammed by strangers or giving away all their money". He is absolutely right in some cases, but in court initiated guardianships, the elderly, disabled and their families do see that they are being scammed by strangers and end up giving away all their money to those the courts are appointing. We do see the abuse, neglect and exploitation by the court appointed protectors and that is why we join in the efforts of Mr. Suehs and Ms. Paulos quest for reforms. GRADE has been actively engaged in reforms for guardianships due to the many cases that have come before us from all over the State of Texas where there are probate courts in their jurisdiction. Complaints vary from abuse to neglect by paid guardians where there is little to no oversight or no protections from these type of guardians, in addition to the many complaints about the attorneys fees generated and paid from the estates of the elderly leaving them in Medicaid nursing homes, when they are being removed from their homes to pay for all the attorneys fees.
Guardianships are becoming the crime of the century, and the baby boomers are on the target. Contact your State Senators and State Representatives to join in our efforts to reform Guardianship, one day you or one of your elderly or disabled loved ones can become a victim of Probate and Guardianship Abuse.
Learn more about Probate and Guardianship Abuse at: www.guardianshipreform.org- Guardianship Reform Advocates for the Disabled and Elderly - GRADE- Texas and:
www.stopguardiansabuse.org- National Association to Stop Guardianship Abuse - NASGA
It is obvious that when a judge or an associate judge support the exuberant legal fees in guardianship cases that they are not looking at the protections of anyone other than protecting those they appoint in generating their fees, this process ultimately defeats the intent and purpose of guardianships. Without reforms more and more people will be forced into the same process as Mrs. Paulos because of age, or disability. True that a person loses their civil rights under the state law in guardianships due to age or disability specifically in court initiated guardianships. A process that is discriminatory at best, no hearing could be "a waste of time" under these circumstances. Criminals indicted and charged lose their civil rights, in guardianships the elderly and disabled equally lose their rights to life, liberty and property to those the courts appoint to "act in their best interest". Many become dependent on the government programs after the court and their attorneys leave them indigent in cases that go on for months or years leaving the taxpayers to pick up the tab for their long term care when they had saved all their lives for their elderly years in the hopes to not become dependent on anyone until they pass away.
In 2005 the Guardianship System was reformed when several probate judges addressed the legislature that APS was failing to protect the elderly. Now it is time to reform the system again to protect the elderly and disabled under guardianships from the so called "court appointed protectors". As stated by guardian ad litem Sherer, "APS is just another piece of information"- obviously their piece of information becomes a waste of time to the texas taxpayer when the courts and their attorneys ignore the very entity that was created to protect the elderly and disabled from abuse, neglect or explolitation. Unfortunately APS has no authority to protect them from the court appointed protectors, including the paid for services guardians, this includes programs, corporations, private professional guardians, certified guardians, medical professionals, etc. anyone the courts chooses to "act as a protector". Guardianships are all about money, no longer is it truly about protecting or making decisions for a person in need of assistance.
None of these attorneys stop to think "what is going to happen to the person when the money is all gone?"
Do they even care? Do they care what they are putting these vulnerable people through and their families? Ms. Paulos was right on target when she said "they don't care".
Yes, reforms are desperately needed if the State of Texas believes they have a system of justice in "Justice for All" specifically in Probate, a court created to administer the estates of the deceased. Effective January 2014 Guardianships will be included in the Estates Code, which seems to suggest that the elderly and disabled living will become property, not a living human being, they will become legally dead when they are left without any rights including no rights to be protected under an Estates Code by those who the courts appoint.
GRADE advocates for those who are unseen and unheard placed under the court appointed protectors. We agree with Judge Guy Herman as he stated "They don't see that they are being scammed by strangers or giving away all their money". He is absolutely right in some cases, but in court initiated guardianships, the elderly, disabled and their families do see that they are being scammed by strangers and end up giving away all their money to those the courts are appointing. We do see the abuse, neglect and exploitation by the court appointed protectors and that is why we join in the efforts of Mr. Suehs and Ms. Paulos quest for reforms. GRADE has been actively engaged in reforms for guardianships due to the many cases that have come before us from all over the State of Texas where there are probate courts in their jurisdiction. Complaints vary from abuse to neglect by paid guardians where there is little to no oversight or no protections from these type of guardians, in addition to the many complaints about the attorneys fees generated and paid from the estates of the elderly leaving them in Medicaid nursing homes, when they are being removed from their homes to pay for all the attorneys fees.
Guardianships are becoming the crime of the century, and the baby boomers are on the target. Contact your State Senators and State Representatives to join in our efforts to reform Guardianship, one day you or one of your elderly or disabled loved ones can become a victim of Probate and Guardianship Abuse.
Learn more about Probate and Guardianship Abuse at: www.guardianshipreform.org- Guardianship Reform Advocates for the Disabled and Elderly - GRADE- Texas and:
www.stopguardiansabuse.org- National Association to Stop Guardianship Abuse - NASGA
- SharonShepard
Yes, I am fighting Harris County who has taken my Aunt Ivory against her well. She lived with her son and brother. But no one contacted her family. But someone from the Harris County APC talked to my aunt dead husband. They
Robert Ellis information was on file as my Aunt's contact person. We need more laws to protect our live ones due to the fact it may happen to you!! Texas need new regulation to protect our young at heart
Robert Ellis information was on file as my Aunt's contact person. We need more laws to protect our live ones due to the fact it may happen to you!! Texas need new regulation to protect our young at heart
- OneOfManyVictims
For more information on systemic elder abuse, which includes Medicare fraud if the senior citizen is forced into a nursing home, go to www.stopguardianabuse.org.
I live in Pennsylvania, and the media won't print this type of article. Judges, attorneys, Adult Protective Services, doctors, bankers, and others in the system work together to fleece seniors and taxpayers. It's a great gig since the media looks the other way.
And it's been going on for decades. Guardianship records were illegally sealed in my county in 1993, and they remain closed today. PA law states that a person with family/friends to help him cannot be placed in a guardianship, yet that's exactly what happened to my late mother.
I live in Pennsylvania, and the media won't print this type of article. Judges, attorneys, Adult Protective Services, doctors, bankers, and others in the system work together to fleece seniors and taxpayers. It's a great gig since the media looks the other way.
And it's been going on for decades. Guardianship records were illegally sealed in my county in 1993, and they remain closed today. PA law states that a person with family/friends to help him cannot be placed in a guardianship, yet that's exactly what happened to my late mother.
- Advocate4
Thanks so much for this story. The public needs to pay attention. There is so much more to say about probate and guardianship in TX.
Once in a guardianship, it is next to impossible to get out( loss of money is a minor issue when contrasted with the lack of freedom too many wards live under - totally isolated from all friends and family .)
This isolation is to protect the guardian and court - who know the horrible conditions wards too often live with. The court and guardian do not want families to have details of that info; however. Their relationship with providers ( nursing homes and group homes) is very questionably close. It rings too similar to the story of " Cash for Kids " in PA.
Once in a guardianship, it is next to impossible to get out( loss of money is a minor issue when contrasted with the lack of freedom too many wards live under - totally isolated from all friends and family .)
This isolation is to protect the guardian and court - who know the horrible conditions wards too often live with. The court and guardian do not want families to have details of that info; however. Their relationship with providers ( nursing homes and group homes) is very questionably close. It rings too similar to the story of " Cash for Kids " in PA.
- ElaineRenoire
It has become an appalling yet accepted practice for guardianships to consume the entire estate the guardianship is supposed to be protecting. This case illustrates an enormous failure within the system which threatens the health and wealth of all vulnerable or elderly Texans. If abuse is suspected and reported to APS, APS files for guardianship of the AIP (alleged incompetent person) right away -- before they've even completed their investigation. If their investigation finds no abuse, it's too late -- the guardianship is in full swing (and so is the billing) with no end in sight.
Guardianship is designed to protect, not harm. There are too many cases of families destroyed by guardianship while judges and lawyers all stand firm that the system works. Guardianship abuse is proliferating; people are suffering and legislation is needed now to protect the vulnerable people preyed upon by a system running with little or no oversight and profiting at the expense of the elderly or disabled people the system is supposed to be protecting.
JOIN the movement for reform. Join GRADE in Texas and NASGA for national reform!
Yours,
Elaine Renoire
NASGA: www.StopGuardianAbuse.org.
Guardianship is designed to protect, not harm. There are too many cases of families destroyed by guardianship while judges and lawyers all stand firm that the system works. Guardianship abuse is proliferating; people are suffering and legislation is needed now to protect the vulnerable people preyed upon by a system running with little or no oversight and profiting at the expense of the elderly or disabled people the system is supposed to be protecting.
JOIN the movement for reform. Join GRADE in Texas and NASGA for national reform!
Yours,
Elaine Renoire
NASGA: www.StopGuardianAbuse.org.
Clearly $100,000 well spent.