02/12/2015
A close friend and colleague sent me the following New York Times article regarding the [alleged] abuse of the guardianship process by nursing homes.
The idea that anyone would attempt to take control of an incapacitated person's finances in order to just pay themselves is an absolutely disturbing perversion of the guardianship process. Unfortunately, the numbers cited within the article make it seem like this is not an isolated incident; indeed, it may even be happening more often now.
I understand that these businesses need to get paid to continue operating, but any instances in which a company (or individual) abuses the guardianship process to collect debts rather than guard the incapacitated person should be brought to light and halted by the courts.
A New York State statute to protect the infirm has become a routine tool for nursing homes to ensure bills are paid.