FL Probate Cases Part of State Public Corruption Problem

by Lou Ann Anderson

While Florida Gov. Charlie Crist may have just asked his state’s Supreme Court to empanel a grand jury to investigate public corruption throughout the state, two cases involving Florida residents whose liberty and property is under attack through probate actions demonstrate why people in the “Sunshine State” as well as across this country are increasingly losing faith in government systems and those drawn to public service.

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While Florida Gov. Charlie Crist may have just asked his state’s Supreme Court to empanel a grand jury to investigate public corruption throughout the state, two cases involving Florida residents whose liberty and property is under attack through probate actions demonstrate why people in the “Sunshine State” as well as across this country are increasingly losing faith in government systems and those drawn to public service.

A Florida woman recently sent a letter to Gov. Crist asking for a revision in how courts handle guardianship cases. “No one is monitoring the judge, the guardian and their attorneys. It has become a scandal of momentous proportions,” she said and then provided a synopsis of events surrounding her long-term companion being declared incapacitated and placed under a guardianship due to actions initiated by out-of-state relatives who had been estranged from the now-ward for years.

She concluded her letter with:

There is no system in place to “guard” the guardian, her attorney or the courts. These positions all support one another by financial gain. The guardian and her attorney only have to give an annual report. This is not questioned by the attorneys or the courts because they are receiving compensation too. This system needs to be changed! There should be an outside agency who checks on these positions to make sure they are honest and above board. Someone should make sure that what they are doing is in the best interest of the ward. Then someone should make sure that they are not overcharging for services rendered. Please work to change abusive guardianship.

Truth is, the governor and his staff know these situations occur as do elected officials in every other state. They also likely know many of the perpetrators as belong to the same professional associations, civic organizations and move in similar political circles. And instead of candidly acknowledging the issue of abusive guardianships or the systemic problems surrounding probate issues, Dustin Fusillo of the Office of Citizen Services replied as follows:

Thank you for contacting Governor Charlie Crist. The Governor is sorry to learn you are dissatisfied with the decision of a Florida judge and asked me to respond on his behalf.

Dissatisfied? While a bit tepid, that perhaps could describe the suspension of a law-abiding citizen’s individual liberty and government-sanctioned confiscation of his property. Fusillo then provided contact information for reporting judicial misconduct to the Judicial Qualifications Commission (JQC) and filing attorney complaints with the Florida Bar. Some observers view Crist’s public corruption crusade as a tactic to create a “law and order” image in support of his current U.S. Senate campaign. With that, one might think that the office of a real reformer would offer more than a form letter directing an aggrieved citizen to entities viewed by many as compromised and engaged in questionable conduct - conduct that is the impetus for the newly-announced state corruption investigations.

These cases help explain why Floridians believe their government lacks integrity. This weaponization of the legal system is additional cause for concern. If truly intent on reform, Crist’s public corruption grand jury will have a real opportunity. If this instead is a effort for show rather than substance, the erosion of individual and property rights will continue.

It happens every day, but it’s nonetheless disheartening when taxpayers attempt delivering a good faith message of needed reform and are met with alleged reformers providing a canned response that treats shifting a problem to a source of the problem as an effective response. And the plight of Barbara Kasler paints an even more ominous picture of what happens when the public is short-changed by alleged governmental safeguards, is left with only a civil remedy and dares to pursue it.

Probate corruption and estate abuse are growing problems. It doesn’t just happen in Florida. It’s happening everywhere and you could be next.

Lou Ann Anderson is an advocate working to create awareness regarding the Texas probate system and its surrounding culture. She is the Online Producer at www.EstateofDenial.com and a Policy Advisor with Americans for Prosperity – Texas Foundation. Lou Ann may be contacted at info@EstateofDenial.com.