Scott Teter, head of the Michigan Attorney General’s Financial Crimes Division, said “it’s easier than you think for rogue guardians and conservators to steal from wards. Spotting exploitation is often left up to family members, but most families don’t have the resources to do that.”
Teter continued with, the system is set up to respond to complaints, not search for evidence of exploitation.
Michigan: Flaws In The Law
In Michigan conservators have to file an annual financial report, but guardians don’t.
Additionally, the financial report itself doesn’t require any receipts or backup documentation to account for the money.
“It’s basically just a State Court Administrator document that says, ‘This is where it went,’” Teter said.
The system was set up expecting judges would check the financial reports, but it doesn’t look like that always happens.
“We’ve had complaints in cases where I’ve looked back and it was pretty clear the judge has not reviewed them in detail,” Teter said. “I’ve seen other times where judges have said, ‘I noticed an irregularity’” and took action.
Another problem: Right now, anybody can be a guardian or conservator.
“You could be stocking … at Walmart yesterday — no offense to those folks — but today you could be a guardian if the judge appoints you,” Teter said. “That’s it. There’s no training required. There’s no certification. There’s nothing.”
Information excerpts from woodtv.com