The guardianship state system is designed to protect individuals who cannot care for themselves due to mental or physical disabilities. It ideally protects the rights of vulnerable individuals and provides appropriate care for them. However, the system often falls short of its intended purpose, leading to severe consequences. Inadequate training of guardians and a lack of oversight that enables financial exploitation are common issues that plague the system, leaving many wards in worse condition than before.

Judith Zbiegniewicz's Story as a Ward: A Tale of Neglect

Judith Zbiegniewicz was placed under the care of New York Guardianship Services (NYGS) due to her mental health issues. Despite their slogan, “caring that makes a difference,” her guardians failed to provide basic care. Judith lived in a dilapidated apartment with bedbugs, rats and no heat, while her guardian took $450 monthly from her account.

Her cries for help went unanswered for years. This neglect led to severe deterioration in her health and well-being. Even when Judith's case went to court, it took years to rectify her situation. While not all miscarriages of justice are this severe, this is far from the only guardianship horror story.

Why Is Oversight in Guardianship System Lacking?

The guardianship system lacks sufficient oversight. A few judges manage thousands of cases in the New York City guardianship state system. Thorough reviews are impossible, and guardians can continue their duties with minimal checks, while seniors like Judith face neglect for years. This lack of oversight creates an environment where guardians can easily exploit their wards financially and emotionally with little fear of repercussions.

Are Guardians Properly Trained?

Training for guardians is often minimal. In New York, becoming a guardian requires less training than becoming a nail technician. This low barrier allows underqualified individuals and organizations to take on these crucial roles, often leading to substandard care.

What are the Consequences of Inadequate Guardianship?

The consequences of inadequate guardianship can be dire. Wards like Judith suffer from neglect, financial exploitation and a lack of proper medical care. The emotional toll on these individuals is immense, leading to feelings of helplessness and despair. Families are often left in the dark about the actual state of their loved ones, unable to intervene or provide assistance.

Could You Be Neglected as a Ward?

Without proper estate planning, anyone can end up under guardianship. If you become incapacitated without a plan, the court might appoint a guardian, potentially subjecting you to similar neglect and exploitation. It's a sobering reminder of the importance of protecting yourself and your loved ones.

How Can You Protect Yourself and Your Loved Ones from Guardianship Abuses?

The most important role of estate planning is arguably not to disburse your assets but to protect you during your lifetime. There are three essential ways that estate planning can protect you from neglect and exploitation:

• Create a Comprehensive Estate Plan: Outline your wishes and designate trusted individuals to make decisions for you.
• Establish a Durable Power of Attorney: Assign someone you trust to manage your affairs, if incapacitated.
• Set Up a Living Trust: Manage your assets effectively and ensure that they are used for your benefit.

Taking these steps can significantly reduce the risk of becoming a victim of the flawed guardianship state system. It's crucial to be proactive and take control of your future.

Do Right by Your Loved Ones

Don't let the guardianship state system decide your fate or the fate of your loved ones. If you or someone you care about hasn’t developed an estate plan, it’s essential to get started. By planning, you can protect yourself and your loved ones from potential neglect and abuse. Contact our estate planning attorneys today to create a plan that honors your wishes and safeguards your well-being.

Key Takeaways

• Protection Through Estate Planning: Ensure that your wishes are known and legally documented to avoid guardianship pitfalls.
• Durable Power of Attorney: Designate a trusted person to manage your affairs, if incapacitated.
• Living Trust: Effectively manage and safeguard your assets.
• Avoid Neglect and Abuse: Reduce the risk of inadequate care and financial exploitation by the guardianship state system.
• Peace of Mind for Families: Keep your loved ones informed and involved in your care decisions.
• Proactive Planning: Secure your future by taking control today, preventing unwanted guardianship scenarios.

Reference: Propublica (Mar. 7, 2023) “How One Woman Endured a Decade of Neglect in New York’s Guardianship System”