Texas guardianship abuse became a topic of significant discussion at a May 12 Senate Health and Human Services committee hearing. Within the committee interim charge to “explore strategies to support the needs of aging Texans,” the hearing, chaired by Sen. Jane Nelson (R-Flower Mound), also allowed testimony on “the guardianship program implemented by the Department of Aging and Disabilities and the Department of Adult Protective Services, including the efficiency and effectiveness of the program, the relationship between the two agencies, the appropriate rights for parents, and whether clients and their assets are adequately protected to ensure the state is appropriately identifying seniors in need of protection.”
With guardianships, a person can lose control of their individual liberty as well as their property. While guardianships are often associated with minors or the elderly, the mentally or physically disabled or anyone incapacitated via illness or injury can also be subjected to this legal status. Family members may serve as guardians, but a new industry has evolved and is in a growth mode as courts increasingly support use of government or professional guardians.
Ten individuals provided testimony on guardianship abuse. Secret hearings in which family members were denied or removed from guardianships, bureaucratic bullying and institutional stonewalling were repeatedly described by those appearing before this committee. Cases involving the elderly, the disabled, and the incapacitated were detailed and illustrate the broad expanse of Texans who – without reform – could one day find themselves subjected to guardianship abuse.
A study of probate actions shows guardianships impacting Texans of all ages and serving as a means by which people are stripped of assets along with basic civil rights. Administrative ease and casualness of the current process reveals an incredible threat to an unsuspecting public. The testimony given provides frightening scenarios of which all Texans should be aware.
Click May 12, 2010 to view the testimony. A timeline of those testifying is as follows:
2:28 Kathie Siedel, Fort Worth
2:32 Greg Siedel, Fort Worth
2:34 Kim Manire, Denton
2:38 Susan McLendon, Hallsville
2:43 Sharon Richardson, Mesquite
2:47 Discussion on McLendon/Richardson testimonies
3:08 Lou Ann Anderson, Austin
3:12 Farhat Chishty, Richardson
3:16 Debby Valdez, San Antonio
3:21 Frank Covington, Arlington
3:26 Drucilla Covington, Arlington
In addition to testimony by members of GRADE (Guardianship Reform Advocates for the Disabled and Elderly), Lou Ann Anderson testified on her own behalf as well as a Policy Advisor with Americans for Prosperity Foundation/Texas. AFP is an organization of citizen leaders committed to advancing every individual’s right to economic freedom and opportunity. With educating and engaging citizens in support of restraining state and federal government growth and returning government to its constitutional limits, Anderson expressed concerns that Texans are increasingly finding their civil liberties and property rights hijacked through probate venues and/or probate instruments including guardianships.
Anderson highlighted many issues detailed in other testimony terming guardianship disputes as part of the “pay-to-play” civil court system which makes pursuit of justice cost prohibitive to many families or short-lived to others as expensive tactical delays can quickly force abandonment of even the most legitimate disputes.
She characterized the regular participation of legal industry – lawyers, judges, other court-appointed personnel – and social services or related workers in these actions as providing a significant advantage due to familiarity with the system and decision-making parties. Meanwhile, families face dependency on legal practitioners whose long-term professional welfare is more contingent upon positive relations with court personnel and opposing counsel than with their own clients.
While the pursuit of assets is an obvious motivation for abusive guardianships, wards without assets appear to have “headcount value” as participants to fill the rolls of taxpayer-funded programs. Michael and Eugenia Kidd, the Richardson couple held involuntarily for nearly a year, were mentioned throughout the hearing as a prime example of how questionable guardianship cases can arise through social service networks.
Those speaking before the committee provided compelling evidence of a need to address naming all the true culprits of abusive guardianships; exposing the lack of recourse experienced by caring, responsible families; acknowledging the civil and property rights violations that occur; and recognizing how these victims can end up a burden on honest, hard-working Texans as they are unnecessarily shifted to taxpayer-financed programs and services.
Health and Human Services Committee Chairwoman Jane Nelson was direct in expressing concern regarding guardianship abuse. “I am keenly aware and angry of these things I am finding out,” she said, “but action on the part of jurisdictions outside the Health and Human Services Committee are more appropriate.”
“You will see some legislation filed in connection with others who have jurisdiction over this issue. Something’s got to change.” Nelson continued. “Rest assured that I do know we’ve got some real problems that we need to fix and in another arena, I will be venting my concerns.”
When asked if there was anything else families could do to help the committee, Nelson asked that people stay involved and communicate as legislators are unaware of some problems until alerted. “I’m very appreciative of advocates,” she said.
The 82nd Texas Legislature convenes January 2011. Legislative updates regarding guardianship and other probate issues will be available at EstateofDenial.com.
For more info:
Is Texas ready to address guardianships and other probate abuse? (Sept. 9, 2009)
Is Texas’ population growth a “stimulus” for estate looting, probate abuse? (Part 4) (Aug. 3, 2009)
Lou Ann Anderson is an advocate working to create awareness regarding the Texas probate system and its surrounding culture. She is the Online Producer at www.EstateofDenial.com and a Policy Advisor with Americans for Prosperity – Texas Foundation. Lou Ann may be contacted at info@EstateofDenial.com.
Estate of Denial® provides news, analysis and commentary on abusive practices occurring in probate courts and via probate instruments (wills, trusts, guardianships, powers of attorney). We provide original perspective to educate the public regarding this growing threat to both individual freedoms and property rights.
TX Senate committee hears of guardianships hijacking civil liberties, property
Texas guardianship abuse became a topic of significant discussion at a May 12 Senate Health and Human Services committee hearing. Within the committee interim charge to “explore strategies to support the needs of aging Texans,” the hearing, chaired by Sen. Jane Nelson (R-Flower Mound), also allowed testimony on “the guardianship program implemented by the Department of Aging and Disabilities and the Department of Adult Protective Services, including the efficiency and effectiveness of the program, the relationship between the two agencies, the appropriate rights for parents, and whether clients and their assets are adequately protected to ensure the state is appropriately identifying seniors in need of protection.”
With guardianships, a person can lose control of their individual liberty as well as their property. While guardianships are often associated with minors or the elderly, the mentally or physically disabled or anyone incapacitated via illness or injury can also be subjected to this legal status. Family members may serve as guardians, but a new industry has evolved and is in a growth mode as courts increasingly support use of government or professional guardians.
Ten individuals provided testimony on guardianship abuse. Secret hearings in which family members were denied or removed from guardianships, bureaucratic bullying and institutional stonewalling were repeatedly described by those appearing before this committee. Cases involving the elderly, the disabled, and the incapacitated were detailed and illustrate the broad expanse of Texans who – without reform – could one day find themselves subjected to guardianship abuse.
A study of probate actions shows guardianships impacting Texans of all ages and serving as a means by which people are stripped of assets along with basic civil rights. Administrative ease and casualness of the current process reveals an incredible threat to an unsuspecting public. The testimony given provides frightening scenarios of which all Texans should be aware.
Click May 12, 2010 to view the testimony. A timeline of those testifying is as follows:
2:28 Kathie Siedel, Fort Worth
2:32 Greg Siedel, Fort Worth
2:34 Kim Manire, Denton
2:38 Susan McLendon, Hallsville
2:43 Sharon Richardson, Mesquite
2:47 Discussion on McLendon/Richardson testimonies
3:08 Lou Ann Anderson, Austin
3:12 Farhat Chishty, Richardson
3:16 Debby Valdez, San Antonio
3:21 Frank Covington, Arlington
3:26 Drucilla Covington, Arlington
In addition to testimony by members of GRADE (Guardianship Reform Advocates for the Disabled and Elderly), Lou Ann Anderson testified on her own behalf as well as a Policy Advisor with Americans for Prosperity Foundation/Texas. AFP is an organization of citizen leaders committed to advancing every individual’s right to economic freedom and opportunity. With educating and engaging citizens in support of restraining state and federal government growth and returning government to its constitutional limits, Anderson expressed concerns that Texans are increasingly finding their civil liberties and property rights hijacked through probate venues and/or probate instruments including guardianships.
Anderson highlighted many issues detailed in other testimony terming guardianship disputes as part of the “pay-to-play” civil court system which makes pursuit of justice cost prohibitive to many families or short-lived to others as expensive tactical delays can quickly force abandonment of even the most legitimate disputes.
She characterized the regular participation of legal industry – lawyers, judges, other court-appointed personnel – and social services or related workers in these actions as providing a significant advantage due to familiarity with the system and decision-making parties. Meanwhile, families face dependency on legal practitioners whose long-term professional welfare is more contingent upon positive relations with court personnel and opposing counsel than with their own clients.
While the pursuit of assets is an obvious motivation for abusive guardianships, wards without assets appear to have “headcount value” as participants to fill the rolls of taxpayer-funded programs. Michael and Eugenia Kidd, the Richardson couple held involuntarily for nearly a year, were mentioned throughout the hearing as a prime example of how questionable guardianship cases can arise through social service networks.
Those speaking before the committee provided compelling evidence of a need to address naming all the true culprits of abusive guardianships; exposing the lack of recourse experienced by caring, responsible families; acknowledging the civil and property rights violations that occur; and recognizing how these victims can end up a burden on honest, hard-working Texans as they are unnecessarily shifted to taxpayer-financed programs and services.
Health and Human Services Committee Chairwoman Jane Nelson was direct in expressing concern regarding guardianship abuse. “I am keenly aware and angry of these things I am finding out,” she said, “but action on the part of jurisdictions outside the Health and Human Services Committee are more appropriate.”
“You will see some legislation filed in connection with others who have jurisdiction over this issue. Something’s got to change.” Nelson continued. “Rest assured that I do know we’ve got some real problems that we need to fix and in another arena, I will be venting my concerns.”
When asked if there was anything else families could do to help the committee, Nelson asked that people stay involved and communicate as legislators are unaware of some problems until alerted. “I’m very appreciative of advocates,” she said.
The 82nd Texas Legislature convenes January 2011. Legislative updates regarding guardianship and other probate issues will be available at EstateofDenial.com.
For more info:
Is Texas ready to address guardianships and other probate abuse? (Sept. 9, 2009)
Is Texas’ population growth a “stimulus” for estate looting, probate abuse? (Part 4) (Aug. 3, 2009)
Lou Ann Anderson is an advocate working to create awareness regarding the Texas probate system and its surrounding culture. She is the Online Producer at www.EstateofDenial.com and a Policy Advisor with Americans for Prosperity – Texas Foundation. Lou Ann may be contacted at info@EstateofDenial.com.