Family Court Chief Judge Frances Wong says her office has been swamped with e-mails and calls from residents asking why the courts didn't do more in the case of a 23-year-old man accused in a triple homicide on Tantalus who had been appointed two co-guardians in June.

"There is this misunderstanding about exactly the extent of the power and authority of the judge," Wong said. "But our job, after granting a guardianship, is done."

Adam Mau-Goffredo allegedly shot taxi driver Manh Nguyen on the night of July 6 during an apparent robbery, then fatally wounded bystanders Jason and Colleen Takamori. After the killings, Mau-Goffredo is accused of robbing a Tantalus home, tying up three people inside and stealing a luxury car before he was stopped at a police checkpoint.

On June 14, Family Court District Judge Darryl Choy ruled that Mau-Goffredo, who has been diagnosed with paranoid schizophrenia, was "incapacitated."

At their request, the court appointed as Mau-Goffredo's co-guardians Palolo resident William Carroll Jr., self-identified in court documents as a "case manager for those with mental illness," and mother, Lynnette L.L. Mau.

In 2003, Carroll had cared for Mau-Goffredo as an employee of the home-care firm Physically Disabled Mentally Ill Care, which had been hired by the family.

In August 2003, Carroll left PDMI and contracted with Mau-Goffredo's family to act as the suspect's caregiver and physical custodian.

State officials confirmed Carroll was a guard and recreational specialist at the Hawai'i Youth Correctional Facility from 1987 through 2002. Before he joined the Kailua facility, Carroll served in the Navy. He graduated from Kaiser High School in 1978.

Carroll and Mau did not return several messages last week and Carroll's attorney declined comment. Mau-Goffredo's attorney also would not comment.

Law and mental health experts say the duties of a guardian for an incapacitated adult are hefty in principle. Under law, guardians are to make decisions on their charges' "support, care, education, health and welfare." But, Wong said, the state has no way of ensuring these requirements are met or bringing action against those who don't comply.

"There is a huge perception of the courts being able to do more," she said. "But there's no enforcement procedure. There's no resources. There's nothing."

Guardians are required to submit annual reports to the court, but Wong said judges cannot initiate proceedings based on the documents — even if something appears to be wrong. The court also requires a report 30 days after a guardianship is granted.

GUARDIANS OFTEN FAMILY

The state does not keep numbers on how many private guardians are appointed each year. Guardians can be appointed for the elderly, those with mental illness or people with severe mental or physical disabilities — and are most often family members.

Wong said strengthening the law to require oversight would be a "community decision."

And it would have to be balanced against a person's need for privacy, she said. "This whole thing (the triple homicide) is upsetting and terribly sad. I totally understand the questions (about the law)," she said. "But is the community interested in micromanaging these relationships?"

Colin Goo, an estate attorney, said Hawai'i's laws on guardianship are based on national guidelines and are similar to how other states approach the issue. Goo also said the court often will not challenge a guardianship request, as long as a doctor attests to a person's incapacity.

Chuck St. Louis, an advanced practice nurse in behavioral health at The Queen's Medical Center, said the question of liability involved in guardianship has not been significantly raised in Hawai'i. The law does say guardians are not responsible for their wards' actions "solely by reason of the relationship." But St. Louis said the law doesn't rule out all liability.

"My suspicion is if your kid does something horrendous and you failed to do anything, I think you have some liability exposure," St. Louis said, adding that those under guardianship still have rights and can refuse mental health care, though their healthcare is to be monitored.

He pointed out that only when wards are threatening to hurt themselves or others can they be involuntarily admitted to the hospital for psychiatric treatment.

MANAGER DUTIES UNCLEAR

In addition to his status as a co-guardian, Carroll identified himself in court documents as a "case manager for those with mental illness."

As a case manager, Carroll was not required to hold any licenses or special degrees. But Sue Cornish, president of the Hawai'i Association of Case Managers, said case managers are expected to uphold a professional code — chiefly to "do no harm."

"There's a basic standard of care," Cornish said, adding it is rare — but not unheard of — for a case manager to work independently. Cornish said the problem with hiring a case manager not affiliated with the state or an agency is there is no oversight.

"I don't know who he was accountable to," she said.

Robbyn Takeuchi, case management and support service director at the state Department of Health's Adult Mental Health Division, said all of her case managers have bachelor's degrees with more than a year of specialized courses in mental health or social work.

She said her department's case managers deal with people who have severe mental illness. Many meet with their clients regularly, and check with them to make sure they take their medications, get to doctors' appointments and are otherwise stable.

But Takeuchi pointed out that case managers can only do so much. Clients can refuse care, go against recovery plans and go missing for days.

"The expectation is that they're (case managers) providing close monitoring," she said. "If they see that their clients are more stressed out, through their training ... they're able to assist. They play a pretty integral role in being able to support these people."

Reach Mary Vorsino at mvorsino@honoluluadvertiser.com.