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Elder
financial abuse has been around as long as older people have had money and
property.
Financial
abuse, often accompanied by physical, psychological, and/or sexual abuse
remains a sad reality for many older citizens. Until recently, one
particularly disturbing type of elder abuse has managed to remain a
"dirty little secret" within local and national probate courts:
Guardian and/or conservator/fiduciary abuse.
Guardian
and/or conservator abuse occurs when perpetrators use the system to drain the
estates of vulnerable people in order to enrich their own lives.
These
unscrupulous individuals shield themselves behind the walls of the probate
court, under the thinly veiled guise of protecting the elderly.
Thousands
of aging and/or otherwise vulnerable citizens undergo a particularly
dehumanizing process as they are systematically stripped of their civil and
constitutional rights via the probate or similar court system.
These
perpetrators have learned to use the system supposedly intended to protect
vulnerable citizens to dehumanize and destroy them instead.
One
example of a commonly used method to initiate protective proceedings occurs
when the impatient son or daughter of an aging person begins to worry about
their inheritance. Simply put, they want their inheritance now, and if not
now, they want to protect it from their parent(s) spending it on their own
care (or otherwise).
With
the assistance of an experienced Elder Law Attorney, one of the adult
children files a petition in the Probate Court. In order for the petition to
give the appearance of legitimacy, the petitioner must state reasons why
he/she should be placed in the position of controlling their parent's money
and decision-making ability, as well as why the petitioner's sibling(s) or
other family members' opinions should not be considered if they object to the
proceedings.
An
elder law attorney will determine what is important to be included in the
petition.
The
content of the petition need not be accurate or truthful, just compelling
enough to cast suspicion and doubt on those the petitioner believes may
attempt to thwart his/her attempt to gain exclusive control of his/her
parent's assets.
Accomplishing
this goal includes ruthless and malicious accusations regarding the
unsuspecting family member(s) of outrageous acts of abuse/neglect against the
prospective ward.
Allegations
need no merit, can be extremely inflammatory and even damage the attacked
persons reputation and/or career.
A
seasoned elder law attorney representing the petitioner understands what a
horrific effect this can have on the individual as well as their children,
however, stands to make thousands of dollars out of the prospective ward's
estate; but only if the petition is granted.
Self-serving
petitioners and their unprincipled attorneys clearly do not consider anyone
else's lives as they wreak havoc in effort to assist the petitioner in taking
control over the elderly person's estate.
Accusing
a protective family member of abusive or criminal behavior as well as being
crazy, mentally ill, a thief and/or on drugs is simply a means to an end.
The
probate court has no interest in due process, as do other courts within the
judicial system.
No
forum is available to deny or dispute these allegations. These false and
destructive allegations will become part of the permanent court records and will
serve many purposes throughout the remainder of the prospective ward's life.
Once
the petition is filed, the court assigns a "Visitor" to investigate
the petitioner's allegations. The Visitor, an individual chosen by the
Probate Court, is well connected in the tight circles of elder law
professionals. Court Visitors receive assignments to assess situations
brought to the courts' attention.
Payment
for the Visitor will be on the shoulders of the prospective ward; however,
only if the court approves the petition.
Petitioners',
along with their attorneys, depend on the information provided in the
Visitors report to assist them as they maneuver their way closer to becoming
the sole person legally allowed to handle the prospective ward's assets, along
with full control over all personal, health and living decisions of the ward.
Similar
to the petition, no substantiation of allegations need be addressed in the
Visitors report; it is simply the words of the opportunistic family member in
effort to discredit any objectors.
The
Visitor's job does not include fact-finding or anything resembling a search
for the truth.
However,
in support for the petitioner, the Visitor will make statements in his/her
report corroborating the petitioner's allegations with no new information to
disprove them.
As
stated above, the Visitor has a financial interest in creating the
conservatorship/guardianship and becomes a crucial person in the proceedings.
The petitioner, his/her attorney and the Visitor collaborate with one another
in effort to establish the conservatorship/guardianship.
Within
the circles of elder law professionals, the Visitor's report maintains a
crucial piece.
Without
the Visitor corroborating the petitioner's allegations, none of the
professionals involved stand to make a profit.
Once
the Visitor submits his or her report, an emergency hearing is scheduled.
If
the proposed ward objects to the petition the court may appoint the
prospective ward his/her own counsel, generally moments prior to the
emergency hearing.
Believing
the judicial system will protect them, news of representation may allow the
prospective ward and others' concerned a moment of much needed relief.
Sadly,
this relief proves nothing more than false hope.
The
attorney appointed to represent the prospective ward, along with the
petitioner's attorney and the visitor, maintain close relationships with one
another.
Fees
for the wards attorney come out of the prospective wards assets, and again,
only if the petition is granted.
Once
the emergency hearing commences, often ex parte and lasting just a few
minutes, the fate of the prospective wards' future is determined.
The
petitions' approval, often rubber-stamped by the judge reigning over the probate
court, seals the fate of the elderly person. From this moment forward, the
elderly person will be referred to as a "ward" or "protected
person".
Any
ability to make decisions for themselves is removed.
Power
of Attorney designations, as well as Advanced Directives the now ward may
have carefully designed years prior, will be revoked during these few
moments.
Generally,
at this point, it will also be determined that the original petitioner is
unsuitable for the role of conservator and or guardian, resulting in the
placement of a "professional" conservator and or guardian.
It
is in the best interest of the petitioner to remain in good standing with the
attorneys and the newly appointed guardian/conservator, thus maintaining
credibility with the judge, allowing him/her to be privy to information
concerning the ward along with retaining his/her ability to be involved in
decision-making decision making regarding the ward.
The
guardians and/or conservators are no strangers to the other individuals
involved in this brutal attack on another's civil liberties.
Most
of these professionals maintain close relationships with one another in
effort to ensure the continuation of these moneymaking ventures.
Along
with the attorneys, the Visitor, and guardian/conservators make a huge profit
fleecing these vulnerable individuals, often billing the ward for vague and
ambiguous services.
Due
to lack of accountably, it is common practice for the conservator/guardian to
charge the ward exorbitant fees for services whether rendered or not.
"Once
a person is placed into involuntary guardianship, they will lose all of their
civil rights and essentially face civil death.
They
cannot vote, marry, contract, divorce, decide where they live, what medical
care they can get, what drugs they can take, or refuse to take, and even if,
or when, they will die.
All
of these decisions will be assigned to a stranger who will make a hefty
profit off the victim". (NOTEGA - Stop Elder Abuse and Guardianship
Abuse. Retrieved from http://stopelderabuse.net/
These
cruel and predatory individuals that work in the field of elder law and elder
care state they involve themselves in effort to protect the elderly, however,
they will only consider involving themselves in cases, which the proposed
wards assets are substantial enough to make it worth their while.
The
financial piece of this abhorrent practice is inherent in establishing and
maintaining the guardianship/conservatorship industry.
Simply
put, this atrocity could not exist without the most powerful and compelling
piece... money.
Abuse
of this nature remains shrewdly concealed from public view.
Guardians
and/or conservators businesses thrive under the ruse of
"protecting" vulnerable citizens.
Currently,
news stories reporting this type of abuse flood the internet. The only remedy
available for the ward, resides in the same court that allows this practice
to flourish.
Although
judges have the legal and moral obligation to monitor the
guardians/conservators, oversight is sketchy ... at best.
If
questionable conduct is brought to the attention of the court, judges rarely
take action against the abusers.
The
criminal justice system will not intervene on behalf of victims under
"protective" orders leaving these victims with absolutely no
recourse and no escape from the abusive conservator/guardian.
Individuals
that objected to the petition will be treated like criminals and carefully
watched by the guardian/conservator.
The
unsubstantiated allegations used to support the original petition will be
held over the objecting persons head and reiterated to others, by the
guardian/conservator, to maintain suspicion about their motives. Information
in the petition will be presented as factual from that point forward and used
against them for the remainder of the wards life.
Restrictions
will be placed on the objector(s) often with the goal of keeping them away
from the ward.
These
allegations will be shared with the wards' physician(s), friends, neighbors,
and any other persons involved in the wards' life. As assets drain quickly,
guardians/conservators begin to prepare for the inevitable... running out of
the wards money. The issue of what occurs, when wards resources deplete, will
be addressed in the next part of this series, as well as information
regarding 82 individuals in the guardian and conservator business and their
networking practices.
Valuable
resources: National Association to Stop Guardian Abuse (NASGA) National
Organization to End Guardian Abuse (NOTEGA) http://stopelderabuse.net/ |
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