Live Breaking News & Updates on Guardianship monitoring

Wednesday, June 23, 2021
The world of professionals who work with seniors is abuzz over the film 
I Care a Lot. The film tells the story of a private guardian who preys on older adults. She moves them to long-term care facilities when they do not need such care and exploits them financially. And of course, she charges exorbitant fees for her “services.” The film has raised understandable concerns, and I have personally explained to local legislators why these abuses would be nearly impossible to perpetrate in New Jersey.
New Jersey Guardianship
Our state has strong due process protections including dual physician certifications, right to trial, and appointment of independent counsel to ensure that the individual alleged to be incapacitated is represented and their needs and desires are heard. The state also has a guardianship monitoring system which, in theory, ensures that annual reports that guardians must file are reviewed by an independent person. Unfortunately, the program is underfunded and relies on attorneys volunteering their time. In fact, contrary to the depiction in the film, many attorneys regularly serve as guardians and court-appointed attorneys for little or no remuneration. I have served as a guardian for an individual with developmental disabilities for eight years without any payment.

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