56 THE QUEENS COURIER • HEALTH • NOVEMBER 1, 2018 FOR BREAKING NEWS VISIT WWW.QNS.COM
health
The Elder Law Minute TM
Guardianship Abuse
BY RONALD A. FATOULLAH, ESQ.
AND EVA SCHWECHTER, ESQ.
ELDER LAW
A growing problem many seniors face is
that of elder abuse. Instances of elder abuse
have even arisen within the adult guardianship
Grandparenthood and Aging
Grandparenthood has multiple meanings
for the person, depending in part
on age at the initial time of grandparenthood,
and the number and accomplishments
of the grandchildren are probably
a source of status. Th e stage of grandparenthood
may come to middle aged persons
depending on the age of their own
childbearing and age of their children’s
childbearing. Th e relatively young grandparent
may either like and accept or
resist the role and may not like the connection
of age and being a grandparent.
Grandparents are oft en happy with
their role in that they can enjoy the
young person and enter into a playful,
informal, companionable and confi ding
relationship. Th e grandchild is seen as
a source of leisure activity, someone for
whom to purchase items that are also
enjoyable to the grandparent.
Grandchildren have a special tie to
grandparents. Th e research indicates
that even when there was a divorce in
the family, adult children from divorced
families continued their relationships
with grandparents.
Grandparents increasingly are the
main caretakers of the child, oft en in the
custodial role. Sometimes the grandparents
serve as babysitters or a day-care
service. Th e number of grand and great
grandparents is increasing as more people
live longer. Th e statistics are telling.
According to a recent article in the
New York Times, there are 70 million
Americans who have grandchildren.
Th e role of being a grandparent is emotionally
fulfi lling. Th ese young family
members provide a sense of personal and
family renewal, add diversion to conversation
if not activities, and mark longevity.
Above all, grandparents want to infl uence
the younger generation with their
wisdom, remain connected, share values
and family stories, and give meaning to
their transcendence.
In her book “The Essential
Grandparent,” Lillian Carson says,
“Grandparenting is healthy for us.” She
goes on to state “being in touch with the
younger generation literally beefs up the
immune system.”
Other than being great news
for Hallmark, it is possible that a
Grandparents Day will catch on as a
nationally shared holiday, if not already.
What is especially interesting is that the
same boomers who doted on their children
are now lavishing attention on the
next generation.
An AARP study showed that 25%
of grandparents have spent more than
$1,000 in the past year on their grandchildren.
Th e study goes on to state that
the money spent was on gift s and vacations.
An entire travel industry has now
grown around intergenerational travel
according to the AARP study. Th e
author, Barbara Graham, was quoted as
saying, “My mother loved my son, but
there was nothing like the level of obsession
my friends and I have for our grandchildren.”
Sheldon Ornstein Ed.D, RN, LNHA
Dr. Sheldon Ornstein is a
registered professional nurse
with a doctoral degree in
nursing organization. He
has specialized in the care
of older adults and has
published many articles on
the subject. He has done
post-graduate work in gerontology
and has taught
at several universities. In
2013, he was inducted into
the Nursing Hall of Fame at
Teachers College, Columbia
University.
system, giving rise to calls for reform
of the system. Vulnerable seniors can get
caught in the guardianship system, being
harmed and exploited by the very process
that is supposed to protect them.
A guardian is someone appointed by a
court to make decisions on behalf of an
incapacitated individual (“ward”). Th e
guardianship process usually starts when
a family member or social worker notifi
es the court that someone cannot take
care of himself, requesting that the court
appoint a guardian for the individual to
help meet his property management and
personal needs. Th e court oft en seeks to
appoint a family member as guardian.
However, if the family can’t agree on a
guardian or there is no family member to
serve as guardian, the court may appoint
a public guardian. Public guardians are
supposedly neutral individuals who are
hired to act in the ward’s best interest.
Unfortunately, in many states, the lack
of court oversight combined with poorly
trained guardians has led to reports of
abuse. Once the court appoints a guardian,
such guardian has control over the
ward’s property and fi nances. Guardians
can block family visits, determine where
the ward will live, and sell property. In
addition, guardians charge fees for their
services that are payable from the elderly
person’s bank account, which can result
in corruption. When a senior gets caught
up in the guardianship system, it can be
very diffi cult to get out. Th ere are many
stories about seniors who are confused
and overwhelmed aft er losing control of
their lives to a guardian they don’t know.
Recently, news reporters have focused
on the abuses of a professional guardian
in Las Vegas, April Parks. Her care
is at the extreme end of guardianship
exploitation, as she is currently facing
prosecution on more than 200 charges.
But this case serves as a cautionary tale
of how guardianship takes away rights
without providing adequate oversight of
the people appointed to handle personal
and fi nancial decisions for those who can
no longer make decisions for themselves.
Nevertheless, the reality is that guardianships
do work in most cases. Family members
seek the legal authority they need to
make personal, fi nancial and legal decisions
for loved ones who have lost the capacity to
do so for themselves. However, in many
cases, these non-professional guardians
don’t follow through with the court reporting
required by law, not because they have
anything to hide but because they don’t
know that they have the obligation or don’t
know how to provide the reporting.
In any event, the best approach is to avoid
the need for guardianship by executing
comprehensive durable powers of attorney
and health care proxies ahead of time when
individuals can choose who they would like
to make decisions on their behalf if and
when necessary. Even if someone is not at
risk of exploitation because his/her children
or grandchildren would step in, the
need for court intervention causes otherwise
unnecessary expense and delay.
If you think a loved one is in need of a
guardian, consult with your attorney to
determine the best steps. Th ere may be less
restrictive alternatives to guardianship.
Ronald A. Fatoullah, Esq. is the founder
of Ronald Fatoullah & Associates,
a law fi rm that concentrates in elder
law, estate planning, Medicaid planning,
guardianships, estate administration,
trusts, wills, and real estate.
Eva Schwechter is an elder law attorney
with the fi rm. Th e law fi rm can be
reached at 718-261-1700, 516-466-4422,
or toll free at 1-877-ELDER-LAW or
1-877-ESTATES. Mr. Fatoullah is also
a partner with Advice Period, a wealth
management fi rm that provides a continuum
of fi nancial and investment advice
for individuals and businesses, and he
can be reached at 424-256-7273.
RONALD FATOULLAH
ESQ, CELA*