Last November Maine Sen. Susan Collins, who chairs the Senate Special Committee on Aging, joined ranking member Sen. Claire McCaskill of Missouri to hold a hearing titled “Trust Betrayed: Financial Abuse of Older Americans by Guardians and Others in Power.” The testimony of Jaye Martin, executive director of legal services for the elderly in Maine, included the following story:
An elderly woman in her 80’s came to Maine to visit her daughter. She owned a very valuable out of state residential property and extensive assets. She was held by her daughter against her will in unsafe living conditions while the daughter repeatedly attempted to force her to sign a POA [Power of Attorney]. She steadfastly refused. She eventually escaped and flagged down a passing motorist. She was hospitalized briefly after her escape and during that time the daughter obtained guardianship over her mother. APS [Adult Protective Services] got involved when the woman first escaped from the daughter’s home, but refused to remain involved after she was placed in a nursing home by her daughter because APS then viewed the woman as no longer in danger. When the woman finally sought legal help she was under guardianship and living in a nursing home. She desperately wanted to return to her home. She did have another child who lived near her home, but that child did not wish to become engaged in a conflict with a sibling. It was concluded that nothing further could be done to assist this woman because there was no legal action that would achieve her desired goal.
There was not one single document filed with the probate court after the guardianship order was issued in this case. It is far too easy to imagine what would have come to light if this guardian’s actions had been monitored.
Apparently kidnapping is not a criminal offense in Maine if done by a family member in pursuit of a parent’s wealth. And what kind of judge would allow a kidnapper guardianship of the victim? Clearly, a probate court judge who likely has neither the time nor the budget to properly investigate and monitor guardianship cases that come before him.