Norman Baker's case is not an isolated one. Usually guardianships are necessary where someone has no assets or no family and there has been no estate plan appointing a fiduciary. However, throughout the United States, tens of thousands of elderly citizens with significant assets have been placed under court-appointed guardians.
Though regulations vary from state to state, the attorney-guardians are required to report periodically to the county probate court on the disposition of the assets. Commonly, the attorneys charge fees for "managing" the property of their wards.
The law requires a guardian to act in the ward’s best interests. But often that is a major issue between the guardian and his ward that must be balanced by the Probate Judge, who is expected to act as the "superior guardian".
By and large, legal guardians are expected to pay regular visits to their wards. According to Baker, his court-appointed attorney has visited him just twice in more than two years.
Norman Baker has continuously requested that he have input in to the property management of his estate. But he has been ignored. Decisions have been made about Norman’s bank account and his properties without his knowledge or input, and over his continued objections and complaints.
Baker's court-appointed guardian was recently more than six months late in providing the court with a report on the status of Norman’s assets. Such reports are required by the Fairfield County court every two years, although the better practice is an annual account. Baker's cash assets have been drained, and many of his properties have been brought to the brink of ruin. But it is unclear whether or not all his bills have been properly paid.
Acting on his own, Baker has managed to contract with independent counsel. Susan Wasserman and Lewis E. Williams of Columbus have asked, on his behalf, that Fairfield County Probate Court Judge Stephen Williams set Baker free of his guardianship. But Judge Williams has refused and Norman Baker remains confined to a nursing home against his will.
Baker's troubles began in January, 2005, when he suffered a urinary tract infection. Reports for elder abuse are confidential and it is unclear who made the recommendation that his affairs be turned over to a guardian.
Whatever the situation at that time, Baker has long since recovered. But he still remains under a guardianship established at a hearing in front of Judge Williams where Norman was not represented by legal counsel, and was not in the presence of a blood relative.
This fall, after numerous attempts to terminate the guardianship, Attorneys Wasserman and Williams moved in the Fairfield County court that Baker's guardianship be vacated.
Ohio law stipulates that someone being subjected to a guardianship has the right to have his closest relative from within the state be present at the determination hearing. Norman Baker’s daughter was not notified because she was out of state, and notification to her was therefore not required by law. But it was mandatory under the law that Norman Baker's brother Robert be noticed, as he lives in-state and is "next of kin."
Because guardianships are invasive proceedings, strict requirements are meant to safeguard situations in which a probate court has such unfettered power over a human being. Norman’s brother, Robert Baker, of Celina, Ohio, has since stated under oath that he would have attended the hearing had he known about it, and that he would have argued then---as he does now---that his brother did not want or need a legal guardian then, and does not want or need one now.
Robert Baker also charges that the attorney appointed by the court to be his brother's guardian sold his own personal antique tractor---inherited from his father---from his brother Norman's farm, and has never accounted for the proceeds.
Norman Baker's farm has also been stripped of many of its accouterments without a full accounting. Its buildings have been left to rot. The land itself may be worth a million dollars or more. Baker's guardian has stated that he has gotten numerous calls from developers wanting to buy it.
Judge Williams has repeatedly refused to vacate the guardianship. Nor has he set for hearing the objections filed by Baker to the late and incomplete accounting as to what precisely the Guardian has accomplished on his behalf.
By Ohio law, such an accounting was many months overdue until Norman Baker demanded that the account be filed. In December, 2007, at Norman Baker's behest, Attorneys Wasserman and Williams filed a motion with the Chief Justice of the Ohio Supreme Court, Thomas Moyer, asking that Judge Williams be removed from the case. Baker's chosen attorneys argued that Judge Williams's handling of the case "gives the appearance" that there is little hope of Norman Baker escaping his unwanted guardianship, and regaining his freedom with due process of law as guaranteed under the Ohio and U.S. constitutions.
It isn't Baker who is ill. It's those around him who are afflicted by the accursed American affliction of greed, as we see evidenced all around the world.
"You got it, I want it, and I'll lie and cheat and conspire and swindle and preach law and religion at you to get it. Right?"
Right. We stand warned.
by
Flak Stopper (0 articles, 0 quicklinks, 0 diaries, 8 comments)
on Tuesday, March 25, 2008 at 11:24:39 AM
I for one am getting sick and tired of hearing about incompetent or culpable malfeasant judges not doing the job they are for paid by the state. It's time to investigate all such egregious judgements by less than judicious courts and to get rid of the notorious judges ru(i)nning them.
by
Archie (0 articles, 0 quicklinks, 0 diaries, 832 comments)
on Tuesday, March 25, 2008 at 1:02:46 PM
