New York Launches Investigation Into Guardianship Providers
As reported by ProPublica, the New York State Attorney General has launched an investigation into approximately a half dozen adult guardianship providers. Letitia James is conducting a comprehensive inquiry into allegations that these organizations “neglected the vulnerable clients entrusted to their care.” Here, our New York City guardianship attorney provides a more comprehensive overview of the guardianship probe.
Major Investigation Into Adult Guardianship Providers in New York
New York Attorney General Letitia James is leading an investigation into multiple organizations that provide adult guardianship services. As confirmed in the reporting from ProPublica, serious allegations have been raised regarding the management of services to elderly and disabled people.
The probe follows a ProPublica investigation that uncovered neglect and financial exploitation by some guardians. Among the most heavily scrutinized groups is New York Guardianship Services (NYGS). In its independent report, ProPublica found that NYGS failed a number of clients. For example, it allegedly placed an elderly woman in unsafe living conditions while still collecting fees from her very limited income. NYGS is also accused of charging a deceased man posthumously for adult guardianship services that obviously were not being used. The official investigation by the New York State Office of the Attorney General is still in its early stages.
Vulnerable Adults Need to Be Protected
A proactive approach is a must to ensure that elderly and otherwise vulnerable adults in New York are properly protected. The unfortunate reality is that far too many people and entities that assume the role of adult guardian do not live up to their legal and moral responsibility to protect the health, safety, well-being, and best interests of the vulnerable person (the ward). Families should ensure that their most vulnerable loved ones are protected. Here are key points to know about the law:
- Less Restrictive Alternatives: In New York, an adult guardianship is considered to be a drastic legal step that removes a person’s rights to make their own decisions. With that in mind and whenever possible, it is best to explore all available less restrictive options. These include power of attorney (POA), advance healthcare directives (living will), or also supported decision-making agreements. These alternatives allow vulnerable adults to maintain autonomy while receiving necessary assistance.
- A Trusted Adult Guardian: While New York favors less restrictive alternatives when possible, there are absolutely circumstances in which an adult guardianship is necessary to protect a vulnerable person. If guardianship is necessary, selecting the right person to assume the duties is the top priority. A family member or close loved one who understands the individual’s needs is often preferable to an unknown agency.
Speak to Our New York City Guardianship Lawyer Today
At Poulos LoPiccolo PC, our New York City adult guardianship attorney is skilled, experienced, and committed to helping clients find the best solutions for their family. We know these are sensitive cases. If you have any specific questions about adult guardianships, please do not hesitate to contact us today. With an office in New York City, we provide guardianship services throughout the region.
Source:
propublica.org/article/new-york-guardianship-investigation-letitia-james-nygs
