Terri Black had always planned to care for her widowed father in her home if he ever became too frail to care for himself. When her father’s dementia and other health issues became too much to handle, her father’s girlfriend, Helen Natko, called and asked Terri to take him.
At the same time, Helen transferred $200,000 from Terri’s father’s bank account into hers and incurred thousands more in gambling losses. Terri and her husband, Richard, flew to Las Vegas to take her father to their home in North Carolina, and despite what she said previously, Helen refused to let them in the house. The Blacks called the Las Vegas police, and the officers who showed up told Mrs. Black that her only recourse was
obtaining legal guardianship.
A two-year struggle in the guardianship system ensued. Terri filed the court petition, while Helen countered with her own petition. A judge ordered a trial and appointed a temporary professional guardian. As this was happening, Terri’s father continued to live with Helen, who was continuing to spend his money.
Terri couldn’t even talk to her father on the phone, let alone take him out for dinner. The guardian set a schedule for telephone calls between father and daughter, and when Terri sought permission to take her father to a restaurant, the guardian and lawyers on both sides negotiated the terms, racking up $2,500 in fees! “I was treated like a criminal for wanting to take my dad out for dinner,” Terri said in an interview. The
outing never occurred.
In another guardianship situation, in New York City, Errol Rappaport, 74, has been kept from seeing his 100-year-old mother after disputes with his siblings ended with a legal guardian being appointed for his mother by the court. Errol incurred thousands of dollars in unnecessary bills and legal fees just to spend a short visit of 2 hours or less with his mother, granted that he notifies her legal guardian by email at least 48
hours in advance.
Unfortunately, Terri and Errol’s experiences are far from unusual. State courts are appointing guardians to protect the vulnerable, but the U.S. General Accounting Office has identified hundreds of cases of negligence, as well as physical abuse and financial exploitation.
What is Guardianship and How Could This Happen?
