Elder Law
The battle between a court-appointed law firm and the family of an elderly couple in its care over legal fees is raising questions of the treatment of aging Americans by paid guardians and the lack of state processes to protect them.
A judge appointed Virginia-based law firm Needham, Mitnick & Pollack third-party guardians of decorated WWII veteran Samuel Drakulich and his wife Jeanne, and a $700,000 nest egg, after a dispute among the incapacitated couple?s children about their future care, the Washington Post reports.
However, charges of tens of thousands of dollars in legal expenses, including $6,300 to prepare $1,800 worth of household items for auction and up to $125 an hour for renewing dog licenses and preparing instructions on emptying a dryer?s lint trap, have come under fire by the Drakulich family and have led to a court battle over the firm?s actions. While the firm maintains it charged the couple its normal professional rates, the suit has raised concern among elder-care advocates and legislators at a time when a surge of baby boomer retirees is expected to make these types of arrangements more common, the Post reports. Although Virginia does not require special training or certification for lawyer or non-lawyer professional appointed guardians, the firm maintains that it and other lawyers cannot afford to become guardians unless they are allowed to charge their regular rates, according to the report.
?We need to look at ways to strengthen the oversight system for guardians,? Sen. Amy Klobuchar (D-Minn) told the Washington Post. ?While most court-appointed guardians are undoubtedly professional, caring and law-abiding, we have seen mounting evidence that some guardians use their position of power for their own gain.?
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