Judge Orders Guardianship Firm to Return Thousands to Elderly Woman for Services Never Provided

Date: 09/05/2024

In a significant ruling, Supreme Court Justice Lee Mayersohn has ordered New York Guardianship Services (NYGS) to return thousands of dollars to Judith Zbiegniewicz, an elderly woman, for court-mandated care that was never provided. The judge found that the company billed Zbiegniewicz $450 a month but offered “minimal services, if any” for years, including during the height of the coronavirus pandemic.

Zbiegniewicz, who was under guardianship due to depression and anxiety, endured severe hardships, including spending a night on the streets and moving into a city shelter before finding affordable housing on her own. Her decade-long struggle through the state’s flawed guardianship system was highlighted in a ProPublica investigation, revealing systemic failures that left many vulnerable New Yorkers unprotected.

The Bible reminds us in Proverbs 31:8-9, “Speak up for those who cannot speak for themselves, for the rights of all who are destitute. Speak up and judge fairly; defend the rights of the poor and needy.” This scripture resonates deeply with Zbiegniewicz’s plight and the judge’s decision to hold NYGS accountable.

NYGS, which claimed to be a nonprofit, was found to have paid itself from Zbiegniewicz’s bank account for nearly a decade while neglecting her deteriorating living conditions. Despite her complaints about living with bedbugs, rats, and no heat, the company did little to address these issues. Zbiegniewicz’s attempts to reach the judge were initially unsuccessful, as her calls were referred back to the guardianship company.

In June, Zbiegniewicz attended a hearing to dispute NYGS’s accounting, where she voiced her grievances directly to Justice Mayersohn. Her persistence paid off, as the judge’s decision now requires NYGS to return $5,400 for fees taken between January 2019 and July 2022, a period during which she effectively lived independently.

The order also mandates the bank that owned the rat-and-bedbug-infested home where NYGS placed Zbiegniewicz to honor a prior housing court settlement, which includes a $5,000 payment to her. If the bank fails to comply, Zbiegniewicz can seek to reclaim the money in court.

In an interview, Zbiegniewicz expressed her satisfaction with the ruling, emphasizing the importance of accountability. “I got some kind of justice, but the justice would be if they would be taken out of guardianships completely because they do not do anything for the people,” she said.

Proverbs 22:22-23 states, “Do not exploit the poor because they are poor and do not crush the needy in court, for the Lord will take up their case and will exact life for life.” This verse underscores the moral imperative to protect and advocate for the vulnerable, a principle that guided the judge’s decision.

ProPublica’s investigation uncovered more than a dozen cases similar to Zbiegniewicz’s, where NYGS failed to meet the needs of those under its care. Despite the company’s claims of accountability, the judge’s ruling highlights the need for greater oversight and reform in the guardianship system.

Zbiegniewicz credited ProPublica’s investigation for the judge’s action in her case, noting that it took years of sustained protest on her part. “I’ve done what I could, I feel good about it, the judge heard, you wrote things,” she said. “Maybe somebody will see and maybe somewhere, down the line, somebody will do something about it.”