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THE PRIVATE GUARDIANSHIP INDUSTRY

Who watches the watchdog for the elderly?

 

Miami Herald Staff

Jennie Lee Waln was a grande dame in decline in the fall of 1991 when she became Mantia's first ward.

Her husband had committed suicide. She had fallen and broken both hips. She drank vodka to deaden the paralyzing pain, she said. And she entertained herself with late-night shopping sprees on the television home shopping networks.

"I did wrong," said Waln, 69, who once lived off the Intracoastal Waterway in Fort Lauderdale and still co-owns the building housing the posh Left Bank Restaurant. "I'm a human being. We do make mistakes. I was by myself, and I got scared."

Waln's accountant and Mantia -- whom Waln said she did not know -- went to court to have her declared incapacitated and stripped of her legal rights. A judge appointed Waln's accountant guardian of her property and named Mantia guardian of everything else, giving her power to decide how and where Waln lived. Waln's furniture and car were sold, and Mantia moved her into Margate Manor retirement home.

In the more than two years since she became a ward, Waln has been completely cut off from her money, not allowed to cash even a $5 check, she said.

Mantia has billed her bank account more than $10,000 -- including hundreds for visiting Waln and delivering cans of Fancy Feast cat food for her pet, Pierre. On Feb. 22 and 23 alone, Mantia charged Waln $140 to deliver cat food.

Mantia defends the bills, saying, "There were times we had to go to four grocery stores to get the one kind of cat food that Pierre would eat."

In 1992, Waln asked lawyer Russell E. Carlisle to help her fight to have her rights restored and her guardians dismissed, she said.

A court-appointed doctor examined Waln in June of 1992 and determined that she was not mentally ill and all her rights should be restored except the right to drive, court records show. Other experts testified at a hearing that her rights should be restored gradually, according to notes in her court files. A general master recommended that some of Waln's rights be restored immediately.

Waln's regular physician, Dr. Ed Mease of Margate, a family practitioner, last week mailed a form to Mantia indicating that Waln is well and does not need the services of a guardian.

Mantia has fought termination of the guardianship, records show. She said Waln needs a guardian because she might abuse alcohol again if left on her own.

"I'd hate to see her end up in a body bag," Mantia said. "That would just be a shame."

Waln insists she is ready to take control of her life again.

"My heavenly days, it does sound preposterous," Waln said. "I wouldn't believe it if it hadn't happened to me."

"I'm more or less incarcerated, I guess you'd call it."

Pearl Fechter and her children live together in Sunrise. They have big, complicated problems, a large trust fund and, since early last year, Mantia as their guardian.

Fechter, who has Alzheimer's disease, and her two adult children, who are mentally retarded, were billed more than $35,000 in 1993 by Mantia and her attorney, court records show.

Sometimes the family paid Mantia three times for the same service, according to court records. For one approximately four- hour-long court hearing in May, Mantia's company billed 12 hours at $30 an hour and triple mileage, court records show. Mantia now says she spent the entire day of the hearing with the family, though she acknowledges that's not what her bill reflects.

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