Top guardianship executive resigns
Official gave no reasons for abruptly quitting troubled Florida office
The executive director of the state agency that oversees Florida’s guardianship program — handling investigations and discipline of more than 550 professional guardians — has resigned abruptly, state officials confirmed late Tuesday.
Officials released the July 12 resignation letter of Carol Berkowitz only after the Orlando Sentinel published a story online on Tuesday reporting her departure. Berkowitz had led the Florida Office of Public and Private Guardians since June 2017, after the office was expanded as part of statewide reform on guardianship.
Neither the Department of Elder Affairs, which overseas the Office of Public and Professional Guardians, nor Gov. Ron DeSantis’ office would discuss the matter.
In her letter, Berkowitz said only that she was resigning, effective immediately. She could not be reached for comment.
Two sources who spoke on condition of anonymity said Berkowitz was frustrated by a lack of resources to fulfill the mission of her office, which includes selecting public guardian offices for individuals without family guardians or the means to hire a professional guardian.
The office is also responsible for the registration and education of professional guardians as well as regulating professional guardians statewide, which includes investigating, and if appropriate, disciplining guardians in violation of law.
Berkowitz’s departure came three days after officials with the Okaloosa County Clerk of Court and Comptroller produced an investigative report on professional guardian Rebecca Fierle of Orlando, finding that a ward of hers had died after hospital staff could not perform life-saving procedures because of a “do not resuscitate” order Fierle filed against his wishes.
On July 11, Fierle resigned from 95 Orange County cases after Circuit Judge Janet C. Thorpe found she had “abused her powers” by filing do not resuscitate orders for numerous incapacitated clients — again without permission from their families or the court. Thorpe later revoked the DNRs filed by Fierle on her wards.
Last week, Fierle resigned from additional cases in Seminole County during an emergency
court hearing, but it was not immediately clear how many cases were involved because the hearing was closed to the public. On Monday, Circuit Judge John D. Galluzzo ordered the DNR orders that Fierle filed for her Seminole County wards revoked as well.
It is unclear whether Berkowitz’s departure is connected to the Fierle cases.
An annual report filed for 2018 says there were “more than 140 legally sufficient complaints” against professional guardians filed with the Office of Public and Professional Guardians — only one of which resulted in the office requesting that the guardian’s registration be revoked. Another 26 “supported the issuance of a letter of concern.”
Guardians, whether they are family members or professionals, are appointed by courts when a judge determines that a person lacks the capacity — because of illness or disability — to make decisions about his or her health care or financial affairs. Professional guardians are not licensed by the state, but they do have to register.
Berkowitz’s office requested additional funding from the Legislature last October, including more than $97,000 for investigative services of professional guardians and nearly $2.5 million to serve an estimated 453 people currently on waiting lists around the state to be represented by public guardians.
State records show the Florida Legislature awarded the additional $2.5 million but it is unclear if the money for investigative services was granted.
Dr. Sam Sugar, an internal medicine specialist turned activist after his wealthy and widowed mother-in-law became a ward of the state, said he supported the 2016 legislative reforms and the guardian office’s expanded duties but that the lack of resources had made it little more than “window dressing.”
“The biggest impact we thought would come from that [reform] was the creation of the Office of Public and Professional Guardians,” said Sugar, founder of the nonprofit Americans Against Abusive Probate Guardianship. “We were elated in the beginning. We were celebrating. But it turns out that the office is severely underfunded. … The office has been unable to make a dent in ridding the system of bad players.”