I'm not sure what it being faxed which is why I asked for a copy. It's in regards to the Pinellas County guardian scandal.
FLORIDA SENATORS FAX NUMBERS
DON'T FORGET to dial 1 before area code if you are out of state/long distance.
Barry Sanders 914-417-6223
JD ALexander 863-679-4413 SunCom Fax 515-2252
Dave Aronberg 561-434-3995
Jeff Atwater 561-625-5103
Carey Baker 352-742-6492
Mike Bennett 941-727-6352
Larcenia Bullard 305-668-7346
Lis Carlton 941-486-2050 SunCom 516-1706
Did I get her first name right?
M. Mandy Dawson 954-467-4331
Alex de la Portilla 305-643-7202
Mike Fasano 727-841-4453
Anthiny Hill, Sr. 904-924-1648
Dennis Jones 727-549-6413 Suncom 517-4533
Jim King 904-727-3603 Suncom 841-3603
Ron Klein 561-279-1990
Tom Lee 813-744-8556 Suncom 512-2597
Les Miller Capitol off. 888-263-7871
District off. 813-272-2833
Bill Pruitt 772-344-4102 Suncom 222-4102
Burt Saunders 239-417-6223 Suncom 754-6223
Jim Sebesta 727-217-7090 Suncom 513-5354
Gary Silpin 407-522-2153
Daniel Webster 407-297-2064 Suncom 326-2064
Frederica Wilson 888-284-8589
Stephen Wise 904-573-3989 Suncom 884-3989
Okay, I think this is what we should be faxing to the Florida Senators:
Guarding the Guardians
The Pinellas County judiciary pushes more secrecy surrounding guardianships. Hillsborough County lets the sun shine in.
By Francis X. Gilpin, Associate Editor
© Gulf Coast Business Review. Reprinted by permission of Publisher.
(Tampa edition) - 4/30/2004
The Pinellas County judiciary pushes more secrecy surrounding guardianships. Hillsborough County lets the sun shine in.
"Hillsborough County is a shining example."
It's not every day that those words are uttered to describe Hillsborough's much-investigated judiciary. But those are exactly the words that Robert W. Melton chose to use.
The top auditor for Pinellas County Circuit Court Clerk Karleen F. DeBlaker praised the Hillsborough judiciary at a recent local hearing of a state task force on guardianships. Melton cheered the fact that all initial, annual and final reports as well as amendments filed in guardianship cases within the 13th Judicial Circuit are open to public inspection.
A 1990 administrative order, signed by then-Chief Judge F. Dennis Alvarez, should be a model for the entire state, Melton told the task force.
The 10-member panel, chaired by Pasco County Circuit Clerk Jed Pittman, held its fifth public hearing April 23 in Gulfport at the main campus of Stetson University's College of Law. Florida legislators created the task force last year to explore reform of the state's guardianship system.
To hear Melton tell it, additional safeguards are overdue. His office began a systematic review in 2003 of how well court-appointed professional guardians in Pinellas are handling the finances and personal affairs of their wards, who are usually mentally or physically incapable of doing so themselves. (See "Guardian Angles," GCBR, Feb. 20-26.)
"Ladies and gentlemen," Melton told the task force in his prepared statement, "the practices I have seen in the short time I have been involved in guardianships is shocking. It is time to put an end to unscrupulous practices at the expense of our state's most vulnerable citizens."
Melton says the assets of wards are being transferred into pooled trusts that operate imprudently outside the supervision of the courts. He adds that the real estate of wards is being sold at below-market prices to land trusts, whose beneficial owners don't have to be disclosed.
One way to prevent improprieties, according to Melton, would be to make public the initial inventories of wards' estates and the annual accountings of assets that guardians are required to file with the court. "The lack of public scrutiny breeds misdeeds and misappropriations because people who may know the truth would not have access," says Melton.
The accountings are generally sealed in most Florida court jurisdictions, out of respect for the privacy of wards. Hillsborough opens up inventories and accountings. But Melton says Pinellas judges not only keep those court records hidden from public view, but they are anxious to extend the cloak of secrecy to the audits that his office performs.
"When we have both guardians and judges trying to keep auditors out, we have a system ripe for corruption and fraud," Melton told the task force.
David A. Demers, chief judge of the Sixth Circuit covering Pinellas and Pasco, has state law on his side. One task force member emphasized that point to Melton.
"Let's talk about public records," said Mel Grossman, a Broward County probate judge. "You mentioned Hillsborough County. You are aware - are you not, sir - that administrative order is in complete contravention of state statute?"
When Melton didn't respond directly, Grossman repeated himself. "Do you understand that order is not in compliance with Florida statute?" Grossman asked Melton. "Florida statute provides that those records are confidential and are only available to guardians, guardians' attorneys, the court's attorneys, or other persons as determined by the court."
Alvarez, in his 1990 order, acknowledged as much. But Alvarez also noted that the statute "permits the court of jurisdiction to order otherwise." Then, Alvarez proceeded to order otherwise for all 13th Circuit guardianships. The 14-year-old order stands to this day. DeBlaker and Alvarez served together on an earlier state panel that examined guardianship law in Florida.
Her home county has historically resisted guardianship reform, says Alvarez, who now specializes in guardianship and trust law in private practice. "Pinellas has always been a problem," Alvarez says. "I don't know why."
Ron Stuart, a spokesman for Demers, told GCBR after the hearing that the chief judge simply wants DeBlaker and her auditors to follow the law.
"Absurd" was the reaction of George W. Greer, a Pinellas circuit judge who hears probate cases, to Melton's proposal for more openness in guardianships.
"Splash the wards' Social Security numbers all over the public record so we have more identity theft," Greer told GCBR after the hearing. "I'm at a loss to see what that would accomplish."
As for auditing guardianships, Melton told the task force that his office is getting stonewalled.
"In Pinellas County, attempts are being made to limit the clerk's audit authority," Melton said. "This ranges from guardians that refuse to submit to an audit unless a court order is received, to judges that question the authority of the clerk to use professional auditing staff to conduct the audits."
Grossman asked Melton several times if a Pinellas judge had ever prevented clerk's auditors from examining the entire record of a guardianship case. "Again, I don't want to get into confidential communications," Melton replied. "But it would be fair to say the court has."
Guardians are rebuffing Pinellas auditors who seek financial and other records of wards, says Melton. He indicated that DeBlaker is in delicate negotiations with Demers over whether court orders compelling guardians to produce the records will be forthcoming. "I can say that the judges are disinclined to let professional auditors get involved in audits for professional guardianships," Melton told Grossman.
"But you don't want to give any more details to this task force?" Grossman asked.
Citing the sensitive nature of the discussions between DeBlaker and the chief judge, Melton told Grossman that he would be happy to testify at a later date.
A representative of the financial services industry serving on the task force praised the trust arrangements that Melton found problematic. Randy Pople, president and chief executive of Capital City Trust Co. in Tallahassee, says busy probate judges haven't objected to turning over control of a ward's assets to a trustee. "I would really think that would be something that would be welcome in an overburdened system," Pople told Melton.
Pooled trusts are promoted as a legal method for wards to maintain Medicaid eligibility in nursing homes.
Largo professional guardian Patricia F. Johnson, whose care of wards has been questioned by Melton, also stood up for the status quo. "I'm really proud of our probate system," Johnson told the task force. Johnson passionately defended her profession. "I have gone through places kicking rats out of the way," she told the task force. "I have gone through houses where the tub has been used as a toilet, for year after year after year. I've gone to places you won't go to." She allowed that the system needs tweaking. "We desperately, desperately, desperately need an office of public guardian in Pinellas County," said Johnson, who has worked for a similar office at the state level.
Between 40% and 60% of her current 20 to 30 cases were opened for indigent wards, Johnson estimates. She admitted that she has handled as many as 50 guardianships in the past.
DeBlaker had urged the task force to recommend that lawmakers limit the number of wards assigned to a single guardian.
"It is inconceivable that one professional guardian, even assuming they have hired staff to assist them, could possibly provide each and every one of those 50 wards the level of attention that they would need," DeBlaker stated in her prepared remarks. "This is an area ripe for fraud and where most fraud abuse has in fact occurred."
Greer says he sees more potential for financial abuse by immediate family members who create guardianships or gain power-of-attorney status than by professional guardians.
"We have to be careful in how we're banging on these professional guardians," says Greer, who referred to Melton during a GCBR interview as DeBlaker's "hit man."
Johnson told the task force that professional guardians aren't getting rich.
"Any one of you who think we're making a bunch of money - we have no retirement, we have no sick days, we have no holidays, we have no vacation days," Johnson said. "I'm 58 years old. I've done this for 18 years. Social Security keeps saying, 'Oh, no, a couple more years before you can draw that pension check.' I'm going to need a guardian before I qualify for Social Security."
The audience of about 50 people in Stetson's Great Hall, which included a few guardians, chuckled at Johnson's testimony. Some then applauded. Other guardians sought more technical changes than the sweeping reforms advocated by DeBlaker and Melton.
Just when it sounded like there was more right than wrong with Florida's guardianship system, Eileen M. Nave came to the microphone. Nave, a paralegal at the Tampa law firm of Fowler White Boggs Banker PA, recounted her personal nightmare of trying to wrest control of her mother's affairs from a guardian, the guardian's lawyer and probate judges in Seminole County.
Using her job skills, Nave assembled and passed out a stack of legal documents that offer a sampling of what she says she is up against. The court refuses to inquire about $500,000 that Nave says went missing after another family member took her mother to Las Vegas without Nave's permission.
The guardian billed the estate of Nave's mother at a rate of $75 an hour for a single telephone call lasting longer than 10 hours. Nave says a judge approved the bill and nobody questioned the payment until she did.
Nave, a Largo resident, wants to her nursing-homebound mother moved to Pinellas to be closer to her. But Nave says the guardian is fighting the request with contradictory medical opinions about the elderly woman's suitability for travel.
"There is nobody guarding the guardians," Nave told the task force. "Unfortunately, the courts don't want to hear anything."
"Dirty Tricks of Guardianships ‚ The Need for Change."
by Robert W. Melton, Chief Auditor, Clerk of the Circuit Court, Pinellas County
Pinellas County Internal Auditor Robert W. Melton recently lectured at Eckerd College in St. Petersburg on: "Dirty Tricks of Guardianships ‚ The Need for Change."
Here are just 10 of the "dirty tricks," as outlined by Pinellas County Internal Auditor Robert W. Melton:
1) Guardian creation of a trust: Remove all oversight by the court as a provision of the trust agreement; guardian becomes trustee; provide that the trustee can do whatever they want at their sole discretion.
2) Sell real estate at lowball price: Use "lowball" valuations as a benchmark; don't list property with Realtors; sell to a land trust, where nobody knows the beneficiary; watch property resold a few months later for a huge increase.
3) Maximize your (or your crony's) profit from investments: Hire money manager for "financial expertise" and let the manager select an investment broker; invest in volatile stocks and trade frequently to generate commissions; if you run up a large gain, don't selectively liquidate over time to pay the taxes but hold a "fire sale" to raise funds all in one day.
4) Undervalue beginning inventory: Have a used-furniture "friend" value a house full of antiques for $3,000; "forget" to put some of the more expensive items on the inventory; "forget" to include a $40,000 certificate of deposit.
5) Pay yourself first: Make payment of guardian and attorney fees the highest priority; disregard mortgage payments and let ward's home go into foreclosure; squirrel away money in the attorney's escrow account for possible future expenses.
6) Maintain guardianship at all costs: Keep family members uninformed; if family members try to become guardian, accuse them of stealing; use the ward's assets for legal fights to retain guardianship.
7) Improper financial reporting: Bury asset-management and brokerage fees as aggregate capital losses "due to market fluctuations"; don't classify disbursements separately; file incomplete or incorrect safe-deposit box inventories.
8) Forced incompetency: Visit assisted-living facilities and establish employee contacts; obtain voluntary limited financial guardianship; if there is money in the estate, do paperwork to force an evaluation of competency; get control over everything and the ward loses all rights.
9) Pay your attorney well: Let attorney bill full rate to shop for a computer and set it up for the ward; let attorneys bill their full rate, even if work is done by a paralegal or assistant.
10) Forget to file federal tax returns: Ensure there is a refund; wait till the ward dies; get check without oversight.
http://www.justiceforfloridaseniors.org/dirty-guardian-tricks.html
Here, click on their name and send them an email:
http://www.flsenate.gov/Legislators/index.cfm?Tab=legislators
Here is my letter to every senator in Florida:
Those of us all around the country, are organizing a boycott of your state's tourist attractions and products; and will begin to lobby our national legislators to move the military bases out of your state, if something isn't done to save Terri Schiavo.
We WILL punish the people of Florida for electing judges and legislators who kill innocent people, and allow husbands to have complete control over a woman's body.
Terri's "wishes" were expressed to her blood family, her friends and witnessed by people who attended her baptism, confirmation, and wedding---she wished to be a member of the Catholic Church; a church which considers euthanasia and suicide a sin.
The state or a husband has no right to force Terri Schiavo to participate in a sinful act. The state or a husband has no right to force her to do that which goes against her sincerely held and publicly witnessed religious beliefs!
We will not give money to a people who violate the human rights of a disabled woman, and cruelly starve and dehydrate her to death. We CHOOSE to boycott those who elect a judge and legislators who will not even allow a disabled woman to attempt eating by mouth; thus showing the true motivation is not trying to follow Terri's "wishes" not to be kept alive "artificially" , but instead his contempt for the disabled and a desire that they were all dead.
Please save Terri Schiavo. At a minimum, fight for her right to eat by mouth; Or suffer as your state's economy suffers. If mercy and morality will not get you people to act to save a life, perhaps economic hardship will?