Elder guardianship: A well-oiled machine

Marie Winkelman, 89, had her rights removed a year ago at the request of her stepson-in-law, and is bewildered by the idea that she no longer has access to her own finances. She has hired two attorneys in the fight to have her rights restored, and yet the case drags on with little end in sight. (Staff photo / Thomas Bender) At 89, Marie Winkelman has long considered herself a fortunate woman — even though she lost her entire family except for one cousin in the Holocaust, was widowed twice and has no children. Her brave odyssey from wartime Poland to the United States would appear to have ended happily, with a comfortable retirement in Sarasota. But Winkelman’s faith in a nation that had been kind to her was shaken in July 2013, when she was stripped of her civil rights and declared a ward of the state of Florida. Now, strangers control her life savings, her worldly possessions and her medical care. The court has ordered a trust company to cut checks from her account for some $635,000 to pay attorneys, guardians and others involved in her case, with many more expenses pending. A professional guardian receives more than $1,000 a month, at $85 an hour, to coordinate Winkelman’s doctors’ appointments, help with financial transactions and communicate with her cousin and a family friend — who both sought unsuccessfully to free her from a legal status she finds expensive and intrusive. “I pay for everything, for lawyers, for everything,” Winkelman says. “Unbelievable! They know that I don’t need any of their help. Not that I am so smart — but I can handle certain things.” Her case is part of an accelerating national social phenomenon that has plunged aging… Read More

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AG Nessel Files Embezzlement Charges Against Court-AppointedProfessional Guardian

Contact: Ryan Jarvi 517-599-2746Agency: Attorney General November 19, 2020 LANSING – Attorney General Dana Nessel filed a total of 12 charges – eight felony counts, one high court misdemeanor and three misdemeanors – against Jessica Englebrecht for allegedly abusing her authority as a guardian and embezzling from 11 vulnerable adults she was appointed by the Mason County Probate Court to protect. Englebrecht, 33, of Scottville, was arraigned in Mason County 79th District Court in Mason County on Friday, Nov. 13. She was arraigned on the following charges:  Eight counts of embezzlement from a vulnerable adult – $1,000 or more but less than $20,000, a five-year felony and/or a $10,000 fine, or three times the value of the money or property involved, whichever is greater;   One count of vulnerable adults – caregiver commingling funds/obstructing investigations, a two-year high court misdemeanor and/or $25,000 fine; and Three counts of embezzlement from a vulnerable adult – $200 or more but less than $1,000, a one-year misdemeanor and/or a $2,000 fine, or three times the value of the money or property involved, whichever is greater. Michigan State Police began investigating Englebrecht in 2019 following a referral from Adult Protective Services. It is alleged that Englebrecht embezzled more than $20,000 from the 11 vulnerable adults. Englebrecht was appointed as a guardian and/or conservator for the adults from 2017 to 2019. She allegedly used her position of power to gain control over her clients’ finances. “Cases like this are precisely why my office has a unit specifically charged with evaluating reports of elder abuse and why there are a number of assistant attorneys general and investigators assigned to pursue bad actors,” Nessel said. “It is appalling that someone the court trusted to look after the finances… Read More

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