Struggling to make even the most basic life decisions, 84-year-old Penny Raffa was given a legal guardian shortly after Christmas in 2010. Her family says that's when the real trouble began.
The guardian, recommended by a lawyer for the Montgomery County nursing home suing Raffa for unpaid debts, hired another attorney, also suggested by the nursing home, to represent Raffa in the debt case.
But the lawyer purposely did no work on her behalf, according to a lawsuit now before one of Pennsylvania's highest courts, and Raffa lost the case. Then, to pay off the debt, she was forced to sell her home.
Critics of Pennsylvania's guardianship law cite glaring problems with a system meant to protect older adults like Raffa from potential fraud and other conflicts when they are declared legally incapacitated. Now, a bipartisan group of lawmakers wants to make guardianship a choice of last resort.
Read the full story: An older Pa. woman was placed under guardianship. Her family says the system betrayed her.
THE CONTEXT: The two lawyers named in the suit, brought by Raffa’s estate after her death in early 2012, have denied wrongdoing. And the tangled sequence of events alleged has not been substantiated.
The state has over 18,000 active guardianships, nearly half of which involve people over the age of 60. Those guardians, who aren’t required to be certified or trained, oversee more than $1.7 billion in assets.
In most cases, almost anyone can petition a court to declare a person incapacitated and have them placed under guardianship.
In Harrisburg, a bipartisan group of lawmakers has introduced legislation that would mandate older adults have legal representation at guardianship proceedings, and require guardians to undergo mandatory training, certification, and background checks, among other changes.
"Appointing a guardian for a person represents a serious step," state Sen. Judy Ward (R., Blair) said at a hearing on guardianship last month, noting that it results in a "total deprivation of liberty and autonomy." |