Investigators: The Power of One

Minnesota lawmakers have granted new rights for the tens of thousands of Minnesotans who require the help of a conservator or guardian. Over the last year and a half, the FOX 9 Investigators have shown you how powerful conservators and guardians are and how sometimes that power is abused. Now, there is help.

Charlotte Engle finally got her wish. She is one of many tireless people who testified in favor of a bill that will grant new power to people relying on conservators and guardians to take care of their loved ones. She did it in her father’s name. She told lawmakers at a hearing earlier this year, “I didn't want him to die in a locked facility. He was too vulnerable for the streets.” Engle's dad had a number of health issues when Hennepin County appointed professional guardian Sheila Gast to care for his basic needs.

Engle said, “It just hurts that I looked to someone for help and that I got the door slammed in my face even after complaint after complaint my guardian wasn't there for me.” The FOX 9 investigators have shared heart wrenching stories from a number of families outlining the problems they had with Gast. As a professional conservator and guardian she often had total control over their family member’s finances and living arrangements. Those who contacted us said it was practically impossible to get the courts on their side.

Pat Johnson from Duluth said, “I'm very disgusted with everything, Hennepin County and everything.”

More than a dozen men and women drove from all over the state earlier this year when Gast was charged for lying under oath during a hearing for one of her many clients. Gast had testified she has a nursing and a business degree.

Investigators told the court she has neither. Gast eventually plead guilty to perjury and court officials say she is resigning from all her court appointed cases in Hennepin county.

Jean Krumpelmann of Shoreview said, “I trusted she was a nurse. We had many problems with her.”

The new law will require all guardians and conservators to register with the state and file a sworn statement outlining their education background and whether they have ever been removed for cause from serving as a conservator or guardian. They must also update their criminal history every year.

Deb Holtz is the Ombudsman for Long Term Care. She said, “We think this is an excellent stepping stone for all the future things we need to do. Changing the system and making it better.”

Roberta Opheim is the Ombudsman for Mental Health and Developmental Disabilities.

She said, “While the majority of the people who do this work day in and day out do a very good job and are very conscientious, there were situations that were ripe for not just differences of opinion but exploitation and abuse of power.”

The law also provides a bill of rights for people with conservators and guardians which reign in some of the incredible powers just one person used to have.