Professional guardians can prevent abuse

As we move into the coming year, I think we can all agree on a few basic things. Our economy will continue to struggle. We will try to cut our state budget. We will read much about our new president and his administration. And, we will read stories in the newspaper that tell us about abuse that could have been stopped if the victim had had a Certified Professional Guardian.

For example, a recent article reported a jail term for an ex-Whitworth trustee, who stole $150,000 from an 80-year-old woman. As the poor woman found out, financial managers often don’t have the safeguards that a CPG provides, because they are not appointed and supervised by the courts, and they may not be bonded, or employ blocked accounts to protect the funds with which they are entrusted.

That same day, another article concerned the severe neglect of an 83-year-old woman whose daughter had not been properly caring for her. As is often the case, the daughter may simply not have known where to turn for help. As President of the Washington Association of Professional Guardians , I feel responsible for making more people aware that they can turn to CPGs to help where other fiduciaries, or a family member or friend, may not be a viable choice.

Why is appointing a CPG a safe and adequate way to meet the needs of vulnerable people, and how does someone get a CPG appointed for a person in need of such help?

CPGs are educated and trained and have ongoing education requirements; we are State Supreme Court-certified, board-regulated, and court-supervised. CPGs can be contacted through the CPG Board Web site or through the WAPG Web site. To have a guardian appointed, anyone may file a document (a petition) asking the court to do so. Lawyers can help with this process, but the forms are also available online from county court Web sites. The court assigns an independent person (a Guardian ad Litem) to investigate whether the person in question does need a guardian and, if so, who it should be. At an open hearing, the court then rules on whether to dismiss the case or appoint a guardian.

A CPG might work to qualify someone for Medicaid or Social Security, or to untangle the intricacies of a long-term care insurance policy, pay bills, manage real estate, procure social services, make medical decisions, look after the client’s emotional and social needs, and otherwise advocate for the client’s best interests. Guardians are like a lot of other professionals; we may have extensive formal education, but we are constantly involved in practical learning. Because each of our clients is unique, we learn about their needs by talking with them, and with their friends and family. We also learn through talking with caregivers, consulting our attorneys, working with our regulatory body, and networking with other guardians.

As a CPG, it is deeply disturbing to read about fraud, abuse and neglect perpetrated on the population we have dedicated ourselves to assist and protect.

If CPGs are more often appointed before, instead of after, serious problems occur, there will be fewer elder-abuse horror stories to read about. Care giving can easily become overwhelming for a layperson. There should be no shame or guilt associated with calling on a certified professional guardian for a neighbor, friend, or family member in need.

I would like 2009 to be a year in which it can be reported that fewer vulnerable people are going without adequate help and protection, a year when stories can be written about the many more elderly and disabled people who have the security, advocacy, and care they need, through the work of CPGs. I hope to have helped by providing this information about obtaining CPG services through guardianship proceedings, and about the help and protection Certified Professional Guardians provide for persons in need.

Kenneth Curry is the president of the Washington Association of Professional Guardians , and he lives in Kent. You can find out more about WAPG at www.wapg.org