BUT SOMETHING’S GONE TERRIBLY
WRONG!
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
predators.
Wards, instead of being protected by the system, are victimized by it,
losing their freedom, property and their very lives, due to a lack of
monitoring by the individual judges and court administrators, and
further lack of oversight of the courts by state and federal
legislatures.
Uncaring/corrupt judges misuse the law and engage in blatant due
process, civil/human rights violations. Victims aren’t always given
notice of hearings at which their competence will be adjudicated, aren’t
always allowed to attend, and often don’t 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 nothing left!
“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?
Believe it!
AND GUESS WHAT HAPPENS AFTER THE
COURT-APPOINTED FIDUCIARIES TAKE EVERYTHING AND LEAVE THEIR WARDS WITH
NOTHING? A shocking twist: the American Taxpayer,
which 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 unearned and unjust
enrichment.
INSTEAD OF PROTECTING THE PUBLIC INTEREST, GUARDIANSHIP HAS INDEED
BECOME A BURDEN TO THE TAXPAYER!… an unintended, extremely
ironic and costly
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! No
way!!! That's not what the law intended!