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ProPublica Reports on New York Attorney General’s Investigation into Guardianship Programs

“Exposing Abuse of Power: New York Attorney General Investigates Guardianship Organizations – Sign Up for ProPublica’s Biggest Stories”

New York Attorney General Letitia James is currently conducting an investigation into several guardianship organizations in the state. These organizations are responsible for managing the health and financial affairs of elderly and infirm individuals who are deemed incapable of looking after themselves. The investigation, led by lawyers in the attorney general’s charities bureau, was prompted by a series of reports by ProPublica that exposed instances of neglect, abuse, and financial exploitation within the guardianship system.

The ProPublica investigation revealed that some guardianship companies, including New York Guardianship Services (NYGS), failed to provide adequate care for their wards. In one case, NYGS placed an elderly woman in a dilapidated home with unsanitary conditions, while collecting fees from her income. After the publication of ProPublica’s report, a judge ordered NYGS to reimburse the woman for the inadequate services provided.

The attorney general’s office is now looking into the practices of NYGS and other similar organizations, as well as the oversight mechanisms in place for guardianship providers. The investigation is part of a broader effort to address systemic issues within the guardianship system, including the lack of oversight, accountability, and transparency.

This investigation is not the first time the attorney general’s office has intervened in the guardianship sector. A decade ago, a similar probe into Integral Guardianship Services uncovered financial improprieties and neglect of wards. The subsequent reforms implemented by Integral were not enough to prevent its eventual shutdown, leading to the transfer of cases to other guardianship providers, including NYGS.

As the attorney general’s investigation unfolds, advocates and legislators are calling for comprehensive reforms to the guardianship system. Proposals include increased funding for oversight, the establishment of a statewide network of nonprofit guardianship providers, and the creation of an independent agency to serve as a public guardian. Governor Kathy Hochul is expected to address these issues in the upcoming legislative session, but details of her plans remain unclear.

Meanwhile, attorneys representing former wards of NYGS are hopeful that the investigation will hold the company accountable for its actions. Guillermo Kiuhan, who has been seeking reimbursement for his deceased client’s family, expressed frustration with NYGS’s lack of response. He emphasized the importance of addressing these issues to prevent further harm to vulnerable individuals under guardianship.

Overall, the attorney general’s investigation and the broader push for guardianship reform highlight the urgent need to protect the rights and well-being of individuals who rely on guardians for their care and financial management. The outcome of this investigation could have far-reaching implications for the guardianship system in New York and beyond.

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