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Misnomers

 

Legal language designed to make it easier on them and harder on you....

 
What does the word "Guardian" make you think of?  
A protector?  A defender? Someone who watches over the vulnerable?  An angel?		  
     
How about "Conservator"? 
Someone who is going to conserve and protect your money for you?  Pay your bills and tend to your financial needs?  Perhaps even make your savings grow?		  
     

"Fiduciary"?  The legal definition: 
A fiduciary is expected to be extremely loyal to the person to whom they owe the duty (the "principal"):  they must not put their personal interest before the duty, and must not profit from their position as a fiduciary, unless the principal consents.  The fiduciary relationship is highlighted by good faith, loyalty and trust, and the word itself originally comes from the Latin "fides," meaning "face", "fiducia"

That automatically means a fiduciary can be trusted; right? 		 
     
The "Ward"?
Nameless, faceless, unthinking, unfeeling - the Ward is treated as a nonperson.		  
     
 

"The children of the Ward"? 
The judge calls you a "child of the Ward."   If you're six or 60,  you're still a "child."  The rest of the participants in the case have adult titles, and get respect.  You're not only called a child; you're treated as one, too!

 

  
     
The Judge?
 In some states, they're called "Justice."  With such an esteemed title, one would assume a judge to be like a wise owl.  In reality can be only card-carrying lawyers who don't give a hoot!  		 

 

    

 

 

 

 

 

Guardianship abuse and conservatorship abuse IS elder abuse!

 


 (c) 2006 NASGA