A national advocate for the reform of court appointed adult guardianships has been sued for slander and libel by a Tampa attorney.
Gerald Hemness filed a civil complaint against Richard Black, founder of the Center for Estate Administration Reform (CEAR), in the 13th Circuit Court of Hillsborough County on Jan. 14.
"A lawsuit against an advocate for standing up for the rights of families and individuals in the guardianship racket was inevitable," said Dr. Sam Sugar, a Florida-based national subject matter expert for attorneys who are fighting guardianships. "Striking back against anyone who doesn't tow the line is part and parcel of the tactics used to destroy individuals and families."
CEAR is headquartered in North Carolina however the complaint states that Black appeared in person at a public meeting of the Guardianship Improvement Task Force in Florida in 2021, and accused litigators of lying in concert to the point that judges are unaware of vulnerable adults and their loved ones being allegedly exploited, extorted or embezzled.
“Well-regarded and protected probate litigators Gerald Hemness, Brian O'Connell, Jeffrey Sigmeister, Twyla Sketchley, Jane Olmie Lohinger, members of this task force and dozens of others across Florida know how lucrative lying in a Florida probate court is,” Black allegedly said. “Sadly, the attorney general and local law enforcement endorse and protect predatory litigators as they don't want to challenge the judiciary.”
The Guardianship Improvement Task Force is sponsored and staffed by the Florida Court Clerks & Comptrollers Association, which formed the group to make recommendations that will improve the protection of wards statewide.
Guardians, who are appointed by judges, are charged with managing the money and medical needs of the elderly and disabled however in July, professional guardian Rebecca Fierle was sentenced for felony neglect after the death of Steven Stryker, according to media reports.
"In the 13 years that I've been dealing with this issue and attempting to clarify for people the way this system works, the number of families or wards who have been successful at fighting the system can be counted on one hand,” Sugar told the Florida Record. “The system is completely resistant to change because of the profit that it generates."
Sugar is also president of Americans Against Abusive Probate Guardianship (AAAPG) where Black formerly served as an advocate.
“Mr. Black may have the stamina and the assets needed to wage such a legal battle against a very well-connected court insider, but the system will inevitably do its best to crush him just like it crushes anyone who resists its tyranny,” Sugar said in an interview.
Among the allegations complained of in the lawsuit are Facebook posts in which Black allegedly wrote, "Predatory attorneys Gerald Hemness, Jonathan Hackworth, Ying Gao and guardian Susan Whitney make it clear they are not to be challenged... or you will pay a price."
Black told the Florida Record that he would defend himself with his attorney Ken Turkel by showing the court that ‘where I shared my opinion, I qualified it as such and where I reported on facts, I reported that as such.”
Hemness declined to comment.
"Hemness apparently took it as a direct assault with a deadly weapon," Sugar added. "Hemness isn't going to have any legal fees but Rick Black will, and so that's how this works. That's why it's called lawfare."
Judge Helene Daniel is presiding.
Case No. 23-CA-000347