can be bad
for your health and wealth!
LAW GONE BAD!
The purpose of the law - known both
as guardianship and conservatorship
is to GUARD and CONSERVE
* To GUARD incompetent* people
against harming themselves or others;
* To CONSERVE their
assets and property (by means of prudent investment); and
* To PROTECT the
taxpaying public from those individuals becoming public charges.
BUT SOMETHINGS GONE
Over the years, a growing uncaring and
unjust judicial system has helped convert guardianship/conservatorship
from an appropriate law to one which, if misused, is damaging to
the general public. At
present, it operates to ensnare the most vulnerable people in a larger
and larger trawling net, now including those merely physically
"incapacitated"! It has become
a feeding trough for unethical lawyers and other "fiduciaries" appointed
by the courts to protect, but many of whom become nothing more than
Wards, instead of being protected by the system, are victimized by it.
Strangers are given total and absolute control of life, liberty, and
property of their wards. Wards of the state lose all rights involving
the right to contract, including the right to choose a lawyer;
the right to
control their assets and make financial
the right to remain in their own home and protect it from sale;
the right to protect and enjoy their personal property;
the right to choose where to live;
the right to accept or refuse medical treatment, including
the right to decide their social environments and contacts;
the right to assure prompt payment of taxes and liabilities;
the right to vote;
the right to drive;
the right to marry; and
the right to complain.
After being stripped
their rights, wards are left defenseless and subject to exploitation by
the very people chosen to protect them; they
are now invisible and voiceless.
Uncaring/callous/overworked/corrupt judges misuse
the law and engage in blatant due process, civil/human rights
violations. Victims arent always given notice of hearings at
which their competence will be adjudicated, arent always allowed to
attend, and often dont have lawyers. If the court does appoint
lawyers, often they are too closely affiliated with other professionals
who make their living in this special area; and do not properly
represent the victims interests. Corrupt judges do not apply the
required evidentiary standards in making adjudications of incompetency,
and frequently fail to obey the protective statutes, or include specific
findings of fact.
Homes are sold to insiders at below market! Contents - family
heirlooms, jewelry, photographs, etc. - disappear, either stolen
outright or sold at auction. Estate assets are rapidly paid out to
the fiduciaries in exorbitant "fees" and "commissions" until there is
Fiduciaries are given power of life
and death, burying their wards in nursing homes where they are kept
chemically restrained with unnecessary and dangerous drugs; family
members are denied any say in their care, and sometimes denied visitation, except
under guard at their own expense!
Hard to believe this is happening in America?
AND GUESS WHAT HAPPENS AFTER THE
COURT-APPOINTED FIDUCIARIES TAKE EVERYTHING AND LEAVE THEIR WARDS WITH
NOTHING? A shocking twist: the American Taxpayer,
whom these statutes are supposed to protect, is actually now PAYING THE TAB FOR THEIR
CONTINUED LIFELONG CARE UNDER MEDICAID while the people who are
"licensed to steal" enjoy their unjust
INSTEAD OF PROTECTING THE PUBLIC INTEREST, GUARDIANSHIP HAS INDEED
BECOME A BURDEN TO THE TAXPAYER!
ironic, costly, and appalling
consequence of a good law gone bad! Some fiduciaries claim
that what they're doing (while filling their pockets) is to "spend down"
the assets specifically to qualify the ward for Medicaid! That's not what the law intended!
states have expanded their classification for guardianship, apparently
casting a wider net by lowering their criteria from "incompetent" to
"incapacitated," thus causing guardianships in inappropriate situations
(i.e., because a person is disabled, doesn't automatically mean he/she
is also "incompetent"
and in need of guardianship). This change in one word
can result in an avalanche of unnecessary guardianships of the Baby Boomers!
note: Not all judges are bad, nor all attorneys, nor all
guardians. NASGA does not paint these professionals with a
wide brush. We applaud the good guys - those who take pride in
their profession and those who vigorously and zealously defend the
rights and wishes of guardianship and conservatorship wards and their
families who are in
unlawful or abusive situations. And we know and appreciate
that there are plenty of good guys out there! We have
personally heard from many of them and hope to hear from many more!
Nor is NASGA anti guardianship; guardianship is a necessary law.
Our mission is to reform, not abolish.
We are not lawyers, and we do not give legal advice nor do we give
lawyer recommendations; instead, we work to
fix the broken system.