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Cheat!

The Dark Side of Conservatorships

Cheat!

Sony Music

True Crime, Tv & Film, Society & Culture

4.8 • 1.7K Ratings

🗓️ 28 March 2023

⏱️ 36 minutes

🧾️ Download transcript

Summary

A conservatorship or guardianship is a court appointed order which gives someone permission to act on behalf of an individual who can’t make decisions for themselves. Guardians are kind of like carers – but their power extends to all aspects of another person’s life. In most cases, guardianships are needed, and are only recommended as a last result. But what happens when they go very wrong? What happens when someone is stripped of all their rights, and it’s totally legal? A Somethin’ Else & Sony Music Entertainment production. Find more great podcasts from Sony Music Entertainment at sonymusic.com/podcasts To bring your brand to life in this podcast, email [email protected] Learn more about your ad choices. Visit megaphone.fm/adchoices Learn more about your ad choices. Visit megaphone.fm/adchoices Learn more about your ad choices. Visit podcastchoices.com/adchoices

Transcript

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0:00.0

In May of 2017, Jan Garwood was driving home from a meeting in the suburbs of Orlando, Florida, when she got her ended.

0:18.0

She was driving home and she had just a fender bender with someone on the road.

0:26.0

That's Hillary Hold. She's a guardianship reform advocate who worked on Jan's case.

0:32.0

Jan was 67 years old, a retired hairdresser and real estate agent who had been having a tough few months.

0:38.0

Jan had three sons and one of them died of a terrible disease and like any mother she went into a deep depression.

0:48.0

Jan was still struggling with the grief of losing a child but knew she needed to get back into the world.

0:54.0

And now, her car was totaled. She needed a new one.

0:58.0

Jan had the money to afford a new car. Only it was in the trust that her late uncle had set up on her behalf.

1:06.0

She asked the trust company for permission to withdraw the money she needed and expected life to return to normal.

1:12.0

Well, whatever the new normal was for her.

1:16.0

But even as Jan got back on her feet, some of the people in her life were worried.

1:20.0

Nobody knows who for sure, but we do know that somebody called in a professional guardian to assess the situation.

1:26.0

The guardian's name was Rebecca Fierle.

1:30.0

So Rebecca Fierle filed a petition alleging that Jan was incapacitated, aka that Jan was no longer of sound mind.

1:40.0

And back in 2017, a professional guardian in Florida could file a petition like this for anyone.

1:46.0

Rebecca Fierle's petition laid out a very different version of Jan than how she saw herself.

1:52.0

It claimed that she had a seizure disorder, poor judgment, and was a vulnerable at-risk senior who's a victim of potential financial exploitation.

2:02.0

Rebecca Fierle filed a petition to determine incapacity stating that Jan could not handle her financial affairs, her day to day routine,

2:14.0

and that there were absolutely no alternatives to guardianship and that one had to be appointed to basically step into Jan's shoes and become Jan Garwood.

2:30.0

If there's no one in the family able or willing to take on the role, the court will appoint a professional.

2:36.0

Someone meant to act in the person's best interest, which is a huge deal when you think about it.

2:42.0

Somebody making decisions for someone else, the court doesn't take it lightly.

...

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