The upcoming conviction of a discredited, former professional guardian from Florida marks the culmination of four rigorous years of probing into the scheme intended to offer safe, court-mandated care primarily for incapacitated senior citizens.
The convicted professional guardian who was entrusted with several hundred "wards" and also managing numerous others unreported to local courts as per audits, pleaded "no contest" in February to a felony count of neglecting an elder or incapacitated individual.
One victim, a 75-year-old from Brevard County, tragically lost his life in May 2019 under her supervision.
The professional guardian took the decision to implement a "do not resuscitate" directive and requested the capping of Stryker's feeding tube, even though a state probe determined that Stryker had not agreed to these instructions, and she neglected her duty to consult a judge as mandated by Florida law. She is due to be sentenced in the circuit court in Hillsborough County this Friday afternoon.
The state is urging for her to serve a one-year term in county jail and a four-year probation, as well as imposing a permanent restriction on her capability to care for elder and incapacitated individuals.
Audits led by Orange County Comptroller Phil Diamond's office concluded that she mishandled finances and accrued millions of dollars, funds which were not disclosed to the courts.
For instance, audits exposed that AdventHealth compensated her close to $4 million for unidentified services rendered to 472 patients.
WESH 2 Investigates also revealed documents that showed that she made a profit from a Seminole County assisted living facility for patient care, a fact not disclosed to the courts.
She was apprehended in 2020 and indicted with felony abuse and neglect charges in relation to Stryker's death.
Her trial in September 2022 concluded with a hung jury, leading to her plea of neglect earlier this year to evade a second trial.
Her case, and those of others indicted with misusing their authority over wards, is propelling alterations in legislation, particularly in terms of monitoring guardian activities.
Orange County Clerk Tiffany Moore Russell indicated, "All of the judges will see if that guardian has multiple wards in multiple counties."
She referred to a forthcoming database, mandated by a 2022 legislation, slated for launch in November.
This will equip judges with confidential data regarding guardians, their wards, and any disciplinary actions.
"And so we can hopefully eliminate those unfit for guardianship and allow the courts to appoint suitable individuals as guardians," Moore Russell added.
Additionally, a new public online database will be launched in November, providing information on guardians, the number of wards under their care, and the counties in which they operate.
This database will offer a bit more data than the "guardian profile" database that was introduced in June by the Office of Public and Professional Guardians under the Florida Department of Elder Affairs.
Department of Elder Affairs spokesperson, Sarah Stevenson, informed WESH 2 News, "The public database includes guardianship bond information, education requirement compliance, the number of substantiated complaints against guardians, and disciplinary actions that enhance transparency and accountability among guardians."
This year, Governor Ron DeSantis enacted a law, SB-1396, that will facilitate quicker notification to the Department of Elder Affairs when professional guardians face court sanctions.
It will also heighten guardian licensing prerequisites, including 40 hours of initial instruction and an increase from 16 to 30 hours for the ongoing education required biennially.
Primary areas of focus include managing a ward's financial and health care matters, as well as understanding abuse, neglect, and exploitation.
Guardian attorneys stated that they want laws that mandate more transparency.
“We may not know if someone is planning to commit a crime. But we should be aware if someone has committed a crime or been penalized for their actions," Fletcher commented.
However, Rick Black, with the Center for Estate Administration and Reform, believes the state didn't push the envelope enough.
He suggests that there should be a single database for both courts and the public.
“So we can clearly see in one location, whether a guardian is competent or questionable, and inform the public accordingly?” Black proposed.
The victim’s daughter is hopeful yet cautious, optimistic that the new monitoring tools for guardians will help prevent medical and financial abuses.
“Certainly, it's been a long time coming for a publicly accessible database. Greater online accessibility is absolutely a step in the right direction," she acknowledged.
Felony Abuse and Neglect Charges Under Florida Law
In Florida, abuse and neglect are serious crimes, especially when they involve elders, incapacitated individuals, or children.
Felony Abuse: Under Florida law, abuse is generally defined as intentional infliction of physical or psychological harm on an individual. When the victim is a child, an elderly person, or a disabled adult, the crime is often charged as "aggravated abuse," which is a first-degree felony. Penalties for a first-degree felony in Florida can include up to 30 years in prison, fines up to $10,000, or both.
Felony Neglect: Neglect is defined as a caregiver's failure or omission to provide an individual with the care, supervision, and services necessary to maintain the individual's physical and mental health. This includes, but is not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services. If the neglect results in great bodily harm, permanent disability, or permanent disfigurement to a child, an elderly individual, or a disabled adult, it is a first-degree felony under Florida law. Like felony abuse, a first-degree felony neglect charge can lead to up to 30 years in prison, a fine of up to $10,000, or both.
It's important to note that these definitions and penalties may vary based on the specifics of the case, including the victim's age and health status, the offender's relationship to the victim, and the nature and severity of the harm caused. The definitions provided here are simplified summaries and not the full legal definitions. A consultation with one of our attorneys can help understand these charges thoroughly and help to protect your legal rights.