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"Guardian's Recipe for Success"
(Government and Judicially Approved Stratagem for Abuse and Exploitation of the Elderly)
by Advocate Mary Claire Connors

1.) PREDATORS - can be: government agencies, APS, (Adult Protection Services) and their contract agencies, County Area Agency on Aging, State Department of Aging, social workers, nursing facility corporations, care providers, care givers, law enforcement, attorneys, (including guardian ad litem) courts, (judges, court reporters), and their associates, such as medical doctor, psychiatrist, other professionals or greedy family members / in-laws. Litigation is the slaughter of the predator bait. The predators co-operate (collude), with each other for mutual benefit: financial gain, real estate, Federal funding stream, favors, job security, political agenda, etc.

2.) PREDATOR BAIT - elders and disabled who are victims of crime, (especially white collar), accident, friendly neighbor’s call to APS, (Adult Protective Services), disagreement among family that goes to litigation, health crisis, family crisis, any event that results in litigation; you can be advised, intimidated into believing that you need a lawyer, hence - litigation. Also, elders whose family lives out of state, elder property owner, (especially if property is wanted by state / corporation or connected to others). Widows are more common targets than male elders. Also vulnerable are those with small families, especially living out of state, and those with no doctors / attorneys in immediate family. There is something of value to be taken - financial, real estate, political, (funding stream, precedent case, etc.), by the predators...the "takings". You do not need to be rich; assets of some kind between $100,000 and millions of dollars.

3.) Unbeknownst to you, you are rapidly encircled by "predators" before the guardianship is granted which guarantees the guardianship outcome without accountability. The circle is like strangulation. You are very unlikely to get out. You are completely surrounded by the predators which includes your own attorney and / or appointed guardian ad litem. (Bar attorneys first allegiance is to the court - not their client; it's "job security", etc.).

4.) If you are relative or anyone acting in behalf, defense of the targeted ward and you have a DPOA, (Durable Power of Attorney); are legitimately entitled to information, etc., YOU ARE AN OBSTACLE TO THE STRATAGEM. You will be demonized; accused of the exploitation the predators are perpetrating or the criminal actions of those who victimized you. Accusations of mental illness, (you will be ordered to get psychological testing from predator’s associate, a fairly common tactic), drug addiction, etc. No proof is necessary. Maybe the, (covered), criminal will testify against you. You are not charged with anything - therefore you have no right to face your accuser and get evidence in your defense. Accusations are made off the court record, in the court hallway. Remember, it is a kangaroo court proceeding. The judge makes the decisions, issues the orders and ignores the laws with impunity and no remedy. Elders are "expected" to get ill and die. Hence, this stratagem has been practiced on them for years in darkness of no exposure without a court order. The disabled; now publicly initiated.

5.) APS, (Adult Protective Services), are often one entity in the circle of predators.

6.) Intimidation and deception are always tools of the predator’s trade.

7.) The "circle of predators", usually thru intimidation, makes sure, (while treating you as a criminal), there are no witnesses; no written, verbal uncensored communication; demands severe unnecessary restrictions; refuses to write them down, (avoid any possibility of proof of abuse and liability), such as, no visitors; only one visitor at a time, no video cameras; telephone access, audio recorders, no vitamins, nothing from home. You may be allowed "supervised visits". The targeted ward’s assets will pay for the "visit supervisor’s" time. You need no record of abuse whatsoever; no verifiable evidence of abuse; you may even have proof of good care giving, (an obstacle to predators "recipe"), which will never be entered into the court record.

8.) The targeted "ward" and later declared "ward" is denied specialized medical treatment even when he / she can pay for it. He / she is allowed no contact with medical professionals outside of the predators’ circle, which includes its associates. He /s is not supposed to improve, since that is an obstacle to squeezing every penny, (possible benefit), from the ward and avoiding any possibility of liability. No independent medical evaluation is allowed, though law requires it. The predators’ doctor examines the targeted ward and that is his / her "independent med evaluation"’.

The ward is expected to be and almost always is a ward until death. The ward is sentenced to enforced health decline. The family has NO SAY AT ALL. If the ward is dying, the family member who is the "obstacle" to predator’s profit is often not told. THE GUARDIAN OWNS THE WARD and the fruits of his / her and his / her spouse's lifetime of labor. Wards and slaves are regarded as property, not as humans, and are owned as a result of NO ACCOUNTABILITY, NO REMEDY, just as in the Terri Schindler display of corruption and murder.

9.) Deception and no exposure: two fundamental keys to success. The media will not print the real story if they print anything at all. Notice how most people think Terri’s case is uncommon! If exposed, there would be no predator bait.

10.) Felony crimes committed against you are suppressed, covered up. Authorities will not prosecute the crimes against you because the predators are likely to use alleged criminal against you as witness(es), etc. The acknowledgment of crime might be obstacle to gaining guardianship over the targeted ward, which is the lock down of the "takings". Any and all ‘obstacles’ are removed with no regard for laws, crimes, human rights, abuse and exploitation. Obstruction of justice is a predator specialty. No law enforcement nor remedy, recovery, justice for the crimes committed against you is allowed.

11.) An "emergency temporary plenary guardianship of the person and estate" may be granted to one of the PREDATORS without a hearing, in the judge's chambers. Your lawyer will play dumb or fabricate an explanation such as, "it’s just temporary until things can be investigated" and "it's normal".

NO! It is the initial stage of OWNERSHIP (GUARDIANSHIP) of the "ward" and the beginning of HELL.

12.) The ward’s mail, finances, health care or lack, complete existence is taken over by the emergency temporary guardian/permanent guardian. You, her advocate, will be allowed no information at all. You become non-existent. The ward has no family, for all practical purposes. If you make a complaint about the facility; you are not allowed to know the results, etc.; all information goes to the guardian. You have rights, on paper; in reality, you must know them; your attorney probably won’t tell you. When you exercise them, you will be considered angry, aggressive or something equally negative. Sometimes you are punished and can never see your loved one again.

13.) If your family seeks help thru government agencies, state government, Federal government, legislative representatives, you will get a run around, shut down, and told to leave. The more grievous the violations, the more of a closed door, "get out" reaction you get. The greater the wrong committed toward you, the more impossible to get any help.

14.) Most attorneys seem to equate "guardianship" cases with leprosy - untouchable. If you have $100,000 or more remaining, an attorney may take your case; that has nothing to do with the outcome. Contingency does not exist for guardianship. Public interest law groups will not "touch" it.

15.) Your attorney does not make a good record for appeal since he must be favorable to the probate judge. If you can still afford an attorney, you are most likely to appeal and lose. If you can’t; you can try to find remedy as a "pro per" litigant. I have been more successful learning from experienced "pro per" litigants and representing myself. The State Supreme Courts: Pennsylvania., Florida, Nevada, Massachusetts, Oregon, Virginia, and more have a negative reputation and are not known for "upholding the rule of law".

16.) If you try federal court or bankruptcy court, (both Federal), you may delay some of the confiscation of property. Remedy is unlikely; exposing corruption in high, (Government), places is taboo. Then the excuse of "abstention doctrines", (abstention doctrines are not in the Constitution), covers for the "taboo". Federal courts do not take jurisdiction of cases litigated in state court if the outcome would trump a state court decision, even in matters of Constitutional violations. It is possible to get past the abstention doctrines, though much more likely, there is no remedy, as seen in Terri Schindler’s case.

17.) The ward and advocating family member pay for your own abuse, exploitation and involuntary institutionalization. After the guardianship is permanent, involuntary institutionalization may be paid by Medicare fraud; the predators want as much as possible of the "takings" to divvy among themselves.

18.) This "war" goes on for years if you persist toward remedy. Your health is negatively affected from the constant stress and you have difficulty functioning as well as you did before HELL, which compounds the stress. Depression, anxiety, ulcers, cancer, or other chronic illnesses affect the ward and family. Your financial losses are not recovered and you can easily become totally broke. A great deal of time is required for "pro per" litigation. Your family relations are difficult or shredded, due to abuse, loss, helplessness, disillusionment, etc. (This stratagem is from my experience and many others).

19.) The "ward", (your mother, daughter, family member) is held hostage while you spend most of your time and resources attempting to free her / him.

20.) If you cannot free the ward, your family member, when he / she is no longer a profit producer, (about the time limited medical treatment produces diminished health / illness), he / she will have a "duty to die".  First, no food or water, when organs start to fail, some morphine, which hastens death by reducing respiration. The above stratagem without truthful media exposure is "silence of the lambs".

Note: Without forewarning of this entire "recipe", the predators almost always succeed and you and the "ward" pay, as victim(s) of crime with unimaginable loss, abuse and exploitation without remedy, an epidemic practice.        
                                                                                                                                                                                                          

"Three key issues for guardianship/conservatorship reform"
by Advocate Kate Anderson

The first is making it MORE DIFFICULT to conserve someone. Conserved parties lose their constitutional rights - the right to vote, the right to life, liberty and the pursuit of happiness, the right to legal representation of their choice and more. Even the most afflicted person is usually able to make choices about where they want to live, what they eat, what they wear, who they see... Taking away these rights should not be taken as lightly as it is. It should be one of the most difficult things to do. Since Guardianship is a matter of removal of constitutional rights, it follows that Guardianship should be the jurisdiction of Federal courts. This is key! It takes the net out of the water.

Again, making it MORE DIFFICULT to accomplish and EASIER TO GET OUT OF should be the focus. It would get many of us out of the current net we are currently caught in.

The second issue is one of family. Third party Guardianships destroy families. This should almost NEVER be allowed. As far as I'm concerned, if a Guardianship needs to be placed forced on someone, a bad family guardian is still better than the best 3rd party guardian. The law is SUPPOSED to consider family members first but instead uses family disagreements as a tool to destroy and pillage the estate of the ward. Changing the law to make this mandatory would go a long way. Ideally, there would have to be some verifiable abuse required in order to preclude a member of the family from being appointed.

The third issue is making Third Party Guardianship a nonprofit agency with a cap on fees. I believe the cap for Public Guardians is 1.9% of the estate per year. Making this amount uniform removes most of the "chum" from the water and attract fewer sharks to a tank where there is little or no profit!"
 

"Analogy"
by Advocate Finley Eversole

I've often noted that the analogies between what happens to the elderly in these guardianship/conservatorship battles is very close to what happened to the Jews in Nazi Germany. 

More often than not they are taken from their homes and locked up in some institution where they are denied adequate food, medication, water, etc. until they die premature deaths.  They are cut off from loved ones or anyone who cares about them.  Their homes and valuables are sold, and the guardians and attorneys pocket all the estate assets -- sometimes calling them "fees" and sometimes simply embezzling the funds. 

In our case, we were literally locked out of our own home.  I took my mother out of state for 27 months in order to protect her as the court was seeking physical custody of her.  We were accused of "abandoning" our "homeplace" and the attorneys tried to sell it.  I've done better than many and kept mother alive.  Many others have been less successful. 

So it is right in comparing these people to the Nazis.  The number of elderly people who lose everything and die prematurely in the U.S. every year is greater than the number of all the Jews who dies under the Nazis in all of WWII.  And just as happened in that case, here it is all kept hush hush by the media and authorities.