Guardianship in Florida: A Bad Apple

On February 11, Rebecca Fierle was arrested in Marion County, Florida on felony charges of aggravated abuse of an elderly person. As disturbing as elder abuse is, this case is particularly horrifying because Fierle was a professional guardian, entrusted with the welfare of elderly and incapacitated people in 13 Florida counties. 


Steven Stryker was the victim in this case, but just one of many Fierle is accused of victimizing. A Vietnam vet who moved to Florida to care for his aging parents two decades ago, Stryker struggled with alcoholism and PTSD. In recent years he experienced esophageal dysfunction and swallowing difficulties. In 2018 he was admitted to AdventHealth Orlando for treatment. While in the hospital, Advent asked the court to appoint Fierle as his guardian. The petition was granted, although Stryker’s daughter, Kim, a  Virginia resident, was never contacted.


Stryker was later transferred to St. Joseph’s Hospital in Tampa, where a temporary feeding tube was inserted. Acting in her capacity as his guardian, Fierle signed a Do Not Resuscitate order, also requesting that his feeding tube be capped. She never discussed the DNR with Stryker, who subsequent investigations indicate had the capacity to understand what was going on. Nor did she consult with his daughter. 


Additional investigations have revealed that doctors and others tried to convince Fierle to revoke the DNR. They believed Stryker was competent to make decisions, that he wanted to be fed via feeding tube and desired resuscitation. Linda Lanier, Stryker's friend of several years, said, “Steve was very capable of making his own decisions.” And Dr. Kirtikumar Pandya, a psychiatrist who examined Stryker at the time, concurs that Stryker wanted to live. Pandya also questioned whether Fierle had adequate health care experience.


Four days after the feeding tube was capped, Stryker began to choke. With hands tied by the DNR, hospital staff could not perform lifesaving measures. Stryker died on May 13, 2019, at age 75.


It has now come to light that Fierle signed DNR's for many of her wards. She also violated Florida law by not seeking court permission for payments from outside sources. According to an audit by the Orange County Comptroller, Fierle received nearly $4 million from AdventHealth, without court approval. 


In July 2019, Judge Janet Thorpe removed Fierle as guardian of 98 individuals in Orange and Osceola counties. Judges across Central Florida followed suit and either accepted her resignation or removed her from guardianship duties. The case has been an impetus for Florida lawmakers, who have been struggling for years to reform the guardianship system. A new bill now under consideration would, among other measures, require court authorization before a guardian can sign a DNR order. It would also require guardians to submit to the state more detailed financial and payment information.


At the moment, Fierle is out on bond. A trial date will be set. But it all comes too late for Stryker. Says his daughter: "The guardian who caused my dad’s death has been arrested. It’s encouraging that the state has brought charges. But the problem of guardian abuse does not go away with her. The laws vary state to state and God forbid you, or someone you love, falls into the control of a bad one like her." 


There is no question that the vast majority of court-appointed guardians are hardworking and well-intentioned. But who wants to risk ending up with a bad apple? Even if an honest court-appointed guardian is in charge, do you really want your fate and fortune in the hands of someone the court selects for you? Do you want the court inserting itself into your affairs? If your answer to these questions is no, then you need plans to prevent it. A valid and up-to-date durable power of attorney and health care surrogate will authorize someone to handle your affairs if the need ever arises. See a qualified elder law/estate planning attorney to establish these vital documents. 

Tranquility Base Landing For The Aldrin Family

Buzz Aldrin became the second man to walk on the moon when the Apollo 11 lunar module landed gracefully in the Sea of Tranquility. But in recent years, Aldrin's relationship with his children has been anything but tranquil.

As noted in our July 2018 post,  two of Aldrin’s three children and his business manager had alleged that the 89-year-old former astronaut was suffering from Alzheimer’s Disease and incapable of handling his own finances. The children sought guardianship over him. Incensed, Aldrin sued them, accusing them of elder exploitation and mismanaging his businesses, the Buzz Aldrin Space Foundation and Buzz Aldrin Enterprises. He claimed his son Andrew had stolen half a million dollars from him.

Then, in March 2019, the feud - at least the public legal wrangling - came to an end. Family members announced that they were dropping their respective lawsuits and were committed to working out their conflicts privately. And the timing could not be more appropriate: 2019 marks the 50th anniversary of the moon landing, and there are many commemorative events on tap that Aldrin and his family will participate in. They want those events, not the family's legal woes, to take center stage. 

Said Aldrin of the end of the legal conflict: “This was the most charitable way to manage a difficult situation, as this year...is too important to my family, the nation and me." His children, Janice and Andrew, echoed that sentiment: “We are pleased to confirm that the legal proceedings for guardianship as well as civil actions have been dismissed by members of the Aldrin family. We truly appreciate the support we have received from so many and ask, again, for your understanding and respect as we continue to work through this as a family, in a private manner.”

By the way, if you haven’t yet done so, see the movie Apollo 11. The filmmakers have cleaned up the fuzzy footage of the 1969 event and it feels like you are seeing this wondrous event for the first time!

Sumner Redstone Estate Battle: The Wheel Has Come Full Circle

It's been as much a Shakespearean tragedy as a legal battle over an elderly billionaire's assets. The story features power grabs, on-again, off-again lovers, betrayal, and money... lots and lots of money.

In my post of 2016 I described the first act of the drama: Media tycoon Sumner Redstone's relationship with Manuela Herzer, four decades his junior. Since meeting her in 1999, the now 95-year-old had lavished  gifts on her totalling in the millions. In 2015, as Redstone's health continued to fail, she was living in his Beverly Hills mansion. He had named her his health care decision maker. She was also included in his estate plan, set to receive $70 million and the California house. Forbes estimates Redstone's worth at $4.5 billion.

Act Two opened in October 2015. That is when Redstone suddenly ejected Herzer from his home and cut her out of his estate plan. He replaced her with his daughter, Shari, as health care surrogate. Shari effectively began taking increasing control of the business, National Amusements, a national theater chain that owns Viacom and CBS.

Herzer did not go gently into the night, however. She launched a series of lawsuits to reclaim her role as health care surrogate and reclaim her expected inheritance. She alleged that Redstone's daughter and his nurses had conspired against her, and that Redstone was competent when he created his estate plan and named her his health care surrogate. Redstone countersued, alleging elder abuse and claiming Herzer had attempted to isolate him from his family in order to bilk him out of his fortune.

A slew of litigation ensued since then. As the legal wrangling unfolded, Redstone's already-precarious health continued to decline. Today, Redstone is unable to speak and is looked after by an army of round-the-clock caregivers. Last month, he was put under court-supervised guardianship.

Last year, the Redstones offered Herzer $30 million to go away. She rejected the offer. It's a move she likely regrets, because now, in Act 3, she's suffered a serious reversal of fortune. The Wall Street Journal reports that a settlement has been reached that requires Herzer to pay back $3.25 million to Redstone for the gifts she received over the years, and to agree not to file any more lawsuits.
 

As Shakespeare wrote in King Lear, "The wheel has come full circle."

Legal battles erupt over far less than $4.5 billion! See a qualified estate planning attorney to devise a thoughtful estate plan, including a plan to protect you from potential financial predators as you age.

Houston, We Have A Problem

Houston, we have a problem.

Nearly 50 years after becoming the second man to walk on the moon, Buzz Aldrin is undertaking a more earthly mission: fighting guardianship proceedings  to stay in control of his own affairs.

In May, two of Aldrin’s three children asked a Florida court to grant them guardianship over their father so they can manage his financial affairs and make other decisions for him.  Andrew Aldrin, 60, and Janice Aldrin, 51, claim that their 88-year-old father, now a Satellite Beach resident, has Alzheimer’s Disease and is being manipulated by others and spending money at an alarming rate.

The Apollo 11 pilot is having none of it. On June 7 the he filed a lawsuit against his children and his business manager, Christina Korp.  “Nobody is going to come close to thinking I should be under a guardianship,” he told The Wall Street Journal. Aldrin requested an evaluation from James Spar, a geriatric psychiatrist at UCLA. According to Spar, Aldrin scored normal to superior on tests of cognitive ability. Spar concluded that Aldrin is "...substantially able to manage his  finances and resist fraud and undue influence."

Aldrin's lawsuit is multifaceted. It accuses his son, daughter and business manager  with elder exploitation and misuse of funds. He claims that Andrew, who is involved with his businesses and nonprofit ventures, has stolen half a million dollars from him and used his credit card without authorization. He alleges that Janice has failed to perform her fiduciary duties. The lawsuit also accuses Andrew and Korp of seizing control of millions of dollars of Aldrin's "space memorabilia" and "space artifacts." Aldrin claims Korp has been taking, without his knowledge, a 5% commission on all the speaking engagements she has booked for him.

Aldrin claims all three have slandered him and his legacy by telling people that he has dementia in order to "...gain further control over Plaintiff's personal relationships, business contacts and assets." He says that his children have taken his passport away from him, and undermined his romantic relationships by forbidding him to remarry. Aldrin is thrice divorced.

Janice and Andrew deny their father's allegations and have pushed back. Through their lawyer, they issued this statement: "We are deeply disappointed and saddened by the unjustified lawsuit that has been brought against us individually and against the Foundation that we have built together as a family to carry on Dad's legacy for generations to come." Interviewed on Good Morning America about the situation, Aldrin called it "the saddest thing that has ever happened in my family." Watch the interview here. 

Aldrin was scheduled for another mental health evaluation on June 26 and 27. At this writing, the results are not yet known. Aldrin says he expects to pass with "flying colors" - an appropriate boast from the former air force colonel who flew to the moon and back. Aldrin remains an outspoken advocate for travel to Mars. In June he occupied a front-row seat when the president announced the formation of the Space Force, the sixth official branch of the military. 


Remember, you don't need to be an astronaut to find yourself the subject of a guardianship. Your best defense doesn't require a visit to the moon - just a consultation with a competent estate planning attorney.

Singer Glen Campbell's estate plan cuts out three of his children

When country music legend Glen Campbell was living, his family feuded over control of his money. Now that he’s gone, they are likely to continue feuding over it - just on a new front.  Considering the singer had eight children from four different marriages, and leaves behind an estate estimated at $50 million, the infighting is not exactly a surprise.

The Rhinestone Cowboy was diagnosed with Alzheimer’s Disease in 2011. But he and his fourth wife, Kim, 22 years his junior who he married in 1982, did not shrink from the public eye. On the contrary. Campbell released a final album, “Ghost on the Canvas,” went on a “Goodbye Tour,” and participated in a documentary, "I'll Be Me," about his and his family's journey through Alzheimer's. Campbell entered a memory care facility in 2014, but Kim continued to keep the public updated on his status. On August 8, 2017, Campbell died, age 81.

The family infighting started when Campbell entered the memory facility. Two of his children, Travis and Debby, alleged that their stepmother Kim was mishandling their father's assets, not visiting him or providing him with necessary items such as clothing and toiletries, and that it was inappropriate for Kim to allow their father to be filmed while in the late stages of Alzheimer’s. They requested the court assign a guardian to handle his medical and financial affairs. 

Kim addressed those allegations in a recent People interview. “They said I was withholding basic necessities like a toothbrush," she told the magazine. "The reality was he had plenty of toothbrushes but we kept them locked away because he didn’t know what it was and would rinse them in the toilet. They never asked. They only attacked. To be slandered while he was dying was beyond the pale. It was very painful.”

Travis and Debby also alleged that Kim prevented them from seeing their father and “participating in his care and/or treatment.” On this point they scored a legal victory, as it prompted Tennessee’s governor to sign the Campbell/Falk Law on May 2016. Under the law, family and close friends must be permitted contact with their loved with Alzheimer’s or dementia, regardless of the guardian’s wishes.

Now to the newest battlefront. The Tennessean reports that Campbell’s will was recently filed in Nashville probate court. Executed in September 2006, it specifically excludes Kelli, William and Wesley, the three children from his second marriage. They are cut out of his estate and are not beneficiaries either under the will or a related family trust. Kim is named as executor, and half of her bequest will go to the family trust. 

The court will hold a hearing on January 18 regarding the contents of the will, but don’t expect Kelli, William and Wesley to leave Campbell’s estate plan unchallenged. The family bickering will likely go on for some time.