A very sad article appeared on the Times Online recently entitled, "Who Knows Best? Dispute over disabled man's care magnifies guardianship's complexities." (Read it in full here.) The article recounts the story of Nancy Pantoni and her ongoing legal battle with the guardian of her adult, special needs son, Dominic.The article's claims seem shocking. According to the article, Dominic's current guardian, the nonprofit Jewish Family & Children's Services of Pittsburgh, refuses to allow Dominic's mother to speak with him on the phone or to visit him more than one hour every month. She is not informed of his medical condition or even of his hospitalizations.
According to the article,
"She [Nancy Pantoni] said she feels decisions made by the guardian have been detrimental. 'His health has significantly deteriorated so much that I'm concerned for his life,' she said. 'I'm on a mission to save my son's life, I really am. I'll do anything.' "Why was the nonprofit, and not Nancy Pantoni herself, appointed guardian of Dominic? The article explains that when it first became necessary for Dominic to move into a residential care facility paid for by the state, no openings were immediately available. Ms. Pantoni was apparently advised that a nonprofit agency might be able to get Dominic into a home faster than Ms. Pantoni herself could -- but only if that agency was appointed Dominic's guardian. (As a side note, this seems like speculation and I do not know if it is accurate. However, it is true that wait time for openings in residential facilities can be long, depending on one's locale.)
The nonprofit agency was then appointed Dominic's guardian. The agency did, in fact, find placement for Dominic in a group home. The agency has continued to serve as Dominic's guardian.
What is Nancy Pantoni's present goal? "'Ideally, I would like to be his guardian,' she said, 'and if that's not possible, at least have a guardian who will cooperate and honor family choices.' "
As an attorney who specializes in guardianship matters and elder law, I would like to give context to some of the issues raised in the article.
Full Article & Source:
What You Should Know Before Requesting a Third Party to be Named Guardian of Your Adult Child