How to Legally Abuse a Senior Citizen
Have Powerful Birdies Chirp in The Governor's Ear
From the Editor's Desk
In 1998, Elaine Renoire’s grandmother was caught up in the guardianship system. Some years later, Catherine Falk, daughter of actor Peter Falk, had to get a judge to rule she had the right to visit her elderly father. Both women were horrified by what they went through and determined to make sure other families did not suffer through the same experience.
Elaine founded The National Association to Stop Guardian Abuse. Catherine founded The Catherine Falk Organization. Once introduced, they joined together in an impressive effort to prevent the ongoing practice by Guardians/Conservators of abusing their wards and denying wards their constitutional right of association. Together, they have been working to develop laws to protect the public and sharing the herculean effort to get those laws passed in all 50 states.
The proposal Catherine and Elaine submitted to The Uniform Law Commission was accepted and incorporated into their law … She told the EARN Project “I could have sat there drinking my slurpy and chewing on popcorn because those people, most of them were judges and lawyers, took the words right out of my head before I could even get my hand raised. I was amazed…I know there are good people in every profession, but I didn’t expect what I got at the ULC meetings….. one man got the floor and gave a rousing speech…. every word he said, he said with passion and when he got finished with his rousing speech….I could tell, he spoke from the heart…. The new uniform law is not perfect, there are so many states with laws in the dark ages, and who haven’t updated their statutes in years and the uniform law, if we can get it passed, it will bring all states to an even level. I think that’s really important.
Oregon, for instance, doesn’t even have to have a hearing to guardianize someone.
The uniform bill will be a big change to Oregon.”
Guardianship law was created with the noble purpose of protecting incompetent people and their assets. But, over the years, that good intentions began to twist and fade and now are all but forgotten. Guardianship has become a weapon of abuse, very popular with Financial Elder Abusers. It is wielded by opportunists taking advantage of loopholes and passed legislation. The end result is people who have been declared incompetent are frequently, and easily, exploited by their court-appointed “protectors.” For myriad reasons, caused by a court system that tempts even good people to do bad things, many of the judgements of incompetence are false—perfectly healthy senior citizens are swept up into the system. Once guardianized, human beings become possessions. They are left to a life-long sentence of oppression, abuse, and no place to turn for help.
The majority of individuals functioning as guardians are family members with an emotional attachment to their ward and a focus on protecting their loved ones. However, “the majority” isn’t all. Family can be very greedy and cruel to each other.
Professional guardians have the protection of professional organizations as well as the court—this provides them with much more power than family guardians and little to no oversight. The temptation of easy access to monetary gain through guardianship, and the vast number the aging Baby Boomers, has introduced a very real and serious peril to growing old in America.
The new uniform law, “Uniform Guardianship Conservatorship and Other Protective Arrangements Act” is an extraordinary effort to turn the tables and return the focus of guardianship back to protecting incompetent people instead of protecting a failing system.
See: www.UniformLaws.org
THE CRIMINAL LAW S2421:
S2421 categorized guardians in the definition of “caregiver” and defines caregivers as: … “a person who has been entrusted with or has assumed responsibility for the care, custody or control of, an elder person or dependent adult whether for pecuniary gain, by contract, or as a result of the ties of friendship, or who stands in the position of trust with an elder person or dependent adult. Caregiver includes, but is not limited to, caretakers, relatives, court-appointed guardians, adult household, conservators, attorney-in-fact, neighbors, health care providers, and employees and volunteers of elder care facilities.”
This definition covers the gamut of caregiving and subjects those who abuse elder persons (or dependent adults) to criminal prosecution, with criminal penalties (which could include either fine or jail or both--- which is how it should be.
They define “Abuse” as:
(i) attempting to cause harm, intentionally or knowingly causing harm, or intentionally or knowingly placing another in fear of imminent harm.
(ii) causing physical injury by knowing or intentional acts or omissions;
(iii) unreasonable or inappropriate use of physical restraint, medication, or isolation that causes or is likely to cause harm to a vulnerable adult that is in conflict with a physician’s orders or used as an unauthorized substitute for treatment, unless that conduct furthers the health and safety of the adult; or
(iv) deprivation of life-sustaining treatment, except:
(A) as provided in Title 75, Chapter 2a, Advance Health Care Directive Act; or
(B) when informed consent, as defined in this section, has been obtained
It also lowers the age of the definition of “elder” from 65 to 60 (which is the national standard).
THE CIVIL BILL:
Prohibits the withdrawal of the right to association from individuals under guardianship. This directly addresses the all too frequent problem of unscrupulous guardians who use isolation as an instrument of retaliation, control, convenience or sometimes just plain viciousness.
With the passing of this law, guardians, who believe a ward needs to be prevented from visitation with specific persons, must petition the court for withdrawal of visitation. Opponents to its passage say, the burdened of this extra work it will discourage people from becoming guardians. However, that statement is illogical—professional guardians get paid for their work and will not shy away from the added time this necessitates. Volunteers, on the other hand, are not forced into their duties—they have volunteered to be of help to those who need them.
IN RHODE ISLAND
The criminal bill, S2421, was sponsored by Senator Frank Lombardi, and introduced on February 2nd of this year.
The legislative process to take this from Bill to a law, provided both sides with sufficient time to work out issues and come to the legislative hearings with a bill that, having benefited from conversation and compromise, has a good chance of being passed.
If one side fails to participate in this process, that results in the failure of the Bill, even though there were many elements of it that both sides would have agreed on. Frequently special interest groups use this ploy by getting friendly Senators to refrain from attendance in order to get a Bill defeated. That was not the case with S2421 in Rhode Island.
Catherine Falk went to Rhode Island to give testimony before the Senate Hearing and the individuals that one might have expected to attend the hearing and request revisions did not do so.
Individuals such as:
Maureen Maigret, Chair of the Aging in the Community Subcommittee of the Long-Term Care Coordinating Council,
Meg Underwood, Rhode Island Senior Center Directors Association,
Kathy McKeon, Catholic Social Services,
Kathy Heren, Rhode Island Long Term Care Ombudsman,
Elder advocates and advocates for Rhode Islanders with Disabilities,
The Rhode Island Division of Elderly Affairs,
The Rhode Island Department of Behavioral Health and Developmental Disabilities and the Hospitals never attended the hearing and never once, throughout the entire four-month period, called Senator Lombardi to voice any reservations or request any revisions.
S2421 sailed through both the Senate and House Judiciary passing on June 26th and going to Governor Gina Marie Raimondo‘s desk for her signature.
A great victory, and peace of mind, for Rhode Island’s rapidly aging population which is the 11th highest in the country—16.8% of Rhode Islanders are Senior Citizens
Six days later, Governor Gina Marie Raimondo vetoed the bill and, surprise surprise, who do you think the little birds whispering in her ear were…
Maureen Maigret, Chair of the Aging in the Community Subcommittee of the Long-Term Care Coordinating Council,
Meg Underwood, Rhode Island Senior Center Directors Association,
Kathy McKeon, Catholic Social Services,
Kathy Heren, Rhode Island Long Term Care Ombudsman,
Elder advocates and advocates for Rhode Islanders with Disabilities,
The Rhode Island Division of Elderly Affairs,
The Rhode Island Department of Behavioral Health and Developmental Disabilities and the Hospitals.
For all of those agencies to have chimed in, for governor Gina Marie Raimondo to have listened to their reservations, done her own research, and draft a letter to the Senate in six days is quite a feat of organization…
OR WAS IT SOMETHING ELSE?
"The most terrifying words in the English language are: I'm from the government and I'm here to help." …..President Ronald Reagan
Rhode Island governor Gina Raimondo, is most emphatically from the government, and her definition of “I’m here to help” means locking up senior citizens, taking all their property, physically attacking them, prohibiting them from seeing those persons they choose to see—including a lawyer--and denying their enjoyment of the rights every American is guaranteed by the American Constitution and Bill of Rights.
Two requests have been submitted for copies of all correspondence stating the reasoning behind opposition to allow S2421 becoming Rhode Island law. Needless to say, we are hearing the sound of crickets coming from Rhode Island.
If you are one of those 16.8% of seniors and you are being mistreated by a guardian, I would suggest you call the governor and tell her you no longer have any money to pay your share of her salary—a guardians got it. Or, you might think of getting another governor—November is here.