In re Disciplinary Proceeding Against Petersen

The Certified Professional Guardianship Board (Board) has petitioned the Supreme Court to suspend guardian Lori Petersen for actions stemming from her guardianship of D.S. and J.S. Petersen has been a certified professional guardian since 2001. She owned and operated Empire Care and Guardianship, a large agency serving over 60 wards. From December 2009 until April 2010, the Board received a number of grievances and complaints regarding Petersen's treatment of three wards who were all, at one point, housed at Peterson Place, an adult family home. Petersen contended that suspension was improper and suggested:(1) the Board ran afoul of separation of powers principles; (2) violated the appearance of fairness doctrine; (3) impermissibly lowered the evidentiary standard; and (4) failed to consider the proportionality of the sanction. The Supreme Court agreed with Petersen as to her last contention: "She has questioned, albeit obliquely, the proportionality of the sanction, and so the Board should have considered the sanction's magnitude relative to those imposed in other cases. Accordingly, we remand to the Board to conduct a consistency analysis pursuant to its internal regulations" and the Court's opinion. View "In re Disciplinary Proceeding Against Petersen" on Justia Law