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Abstract
I was privileged to engage in a stimulating and thought-provoking conversation with Diane Dimond, a multiple award-winning freelance journalist, author, syndicated columnist, and former television correspondent who specialises in crime and justice issues, on Expert Views on ADR (EVA) Vid / Podcast Show. She wears many hats, so I have left the link to her profile: https://www.linkedin.com/in/dianedimond
In this episode, Chinwe provided valuable insights into ‘We’re Here to Help: When Guardianship Goes Wrong’ and offered a clear definition of mediation.
Keywords: Guardianship, Guardian, Conservatorship, Judges, Lawyers, Ward of the Court, Legal System, Dispute Resolution, Mediation, Waiver of liability, EDR, America; Court.
Introduction
The blogger conducted thorough research using primary and secondary resources, including email interviews and analysis of articles and books. The interviews were conducted with leaders in the legal and alternative dispute resolution (ADR) field to assess the viability of ADR in settling guardianship or conservatorship cases.
Based on the research, the blogger concluded that Appropriate Dispute Resolution (ADR), specifically Early Dispute Resolution (EDR) and mediation, could be effective in such cases. She emphasised the ‘special considerations’ that mediators must consider when mediating such disputes. Diane also provided insights into the motivations behind writing the book.
Definition of Guardianship / Conservatorship by Diane:
Guardianship or Conservatorship (Conservatorship as it is called in some states) is a protective system that every state in the United States has; there are no federal laws governing this. It’s all up to individual states, but the programs are almost exactly the same. They are designed to protect vulnerable citizens, elderly people with Alzheimer’s, dementia, physical or intellectual disabilities, and maybe somebody who has a psychiatric episode. it is imperative to note that not only the rich are often Guardianised but anybody that has any sort of assets.
Guardianship / Conservatorship Laws:
Furthermore, we explored the absence of laws allowing guardianship or conservatorship cases to be resolved through ADR before proceeding to the courts. We also examined why the law permits individuals other than family members to assume responsibility for vulnerable individuals and highlighted cases where guardianship was considered necessary but not granted. Diane revealed that there are lots of lovely people in the system, but for the Predators, it is all about the money. For example (see chapter 11 of the book), for the judge to keep the case of Eric Kramer, an NFL Quarterback player, open, they had a hearing on whether or not there should be a guardianship or whether the girlfriend was stealing money from him. She revealed that every time there was a hearing, it cost Eric Kramer’s confiscated money; it is imperative to state that the courts get all his money every hearing.
According to Diane, it cost about $88,000, equivalent to 69,117.19 pounds sterling, and there were multiple hearings every single month for years. Eric revealed to her that this caused him to lose a lot of money. He estimates that he lost about $800,000, equivalent to 628,338.08 Pound sterling, in the court system without receiving the protection he needed. This raises a significant question: Are such practices in the court legal?
Unfortunately, Diane revealed that they are because the person in the middle of all this, the ward of the court, is incapacitated and, therefore, unable to hire their own lawyer to fight for them (See Chapter 11 and Chapter 6). We discussed how guardianship focuses on financial gain for some within the system, yet we acknowledged the presence of many compassionate individuals within the system. Diane also pointed out that guardianship can be used as a tactic to force the end of marriages (see Chapter 9). For instance, some men may want to divorce their wives, but their wives do not want to be divorced. In these cases, their lawyers may recommend obtaining guardianship over the wife, making it difficult for her to hire a lawyer to contest the divorce. Diane emphasised that this practice is legal because it is carried out under the guise of a court order (See Chapter 9 of the book for more details).
In further support of the previous point, she highlighted specific examples demonstrating how families have been negatively impacted by the extensive powers wielded by guardians. For instance, guardians can ban any family member causing problems, and pursuing legal options to resolve these disagreements may not be financially feasible for many individuals.
Furthermore, Diane highlighted that only three (3) states require guardians to be licensed. In some states, obtaining certification involves watching online videos and taking a test. Once certified, a guardian may have a criminal record and only need to be a high school graduate, without any special training requirements. For example, (in chapter eight of We’re Help to Help), a #michigan janitor left his #newspaper #job to become a guardian.
Diane indicated that it has been this way since the early 1900s when the United States #government, in its blindness, decided to guardianised the entire #osage #Indian tribe because they had become extremely wealthy from all the #oil, #gas and #minerals on their #land; there must be something wrong with them as they are buying limousines, sending their children to school in Europe, and hiring white domestics to work in their mansions. They must be #incapacitated, so the entire #Osage #Indian #tribe in the early 1900s, including the children, were all guardianised, and who were the Guardians? White guys.
The Legal Community:
We examined what the legal community in America had to say about all this. She revealed that many of them declined to comment, saying, ‘I can’t talk with you. I’m sorry, this is a secret system.’ She emphasised that is why the public has not heard much about guardianship or conservatorship: all the proceedings are held in secret, partly to protect people’s medical privacy under the HIPPA law in America. Over the eight (8) years it took to gather information for her book, Diane revealed she received this response from the legal community, ‘they said I can’t talk to you sorry or ‘the judge has put a gag order on the case.’ Because the Judges are afraid that the family members or somebody is going to tattle on what is going on, so they put a gag order. However, she also noted that there are some courageous and pioneering lawyers whom she greatly admires.
Conclusion:
Finally, we analysed the implications of the waiver of liability for guardians. I highly recommend Diane’s book, as it presents an original contribution to knowledge and is thoroughly researched and analysed.
Diane is a brave, compassionate, and unique individual. Not many people are dedicated to caring for the vulnerable citizens in our society. She is a rare gem and a genius! Her book, ‘We’re Here to Help You: When Guardianship Goes Wrong,’ is a must-read. The book is available on Amazon at https://www.amazon.co.uk/Were-Here-Help-Guardianship-Brandeis/dp/1684581672.
P.S. Order a copy of my new book ‘Appropriate Dispute Resolution in Comparative Perspectives: Nigeria, the UK and the US via #springer https://link.springer.com/book/10.1007/978-3-031-57476-4 and on #amazon.
Please subscribe to the EVA YouTube channel & listen to this episode on all podcast channels- #audible #apple #amazon #overcast #google #spotify #listennotes #playerfm #pocketcasts #anghami
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