Help Elderly Loved Ones Avoid Financial Abuse

By FINANCIAL FOCUS
May 26, 2013

It's unfortunate, but true: The elderly population may be the most vulnerable group in our society. In fact, in an effort to call attention to the problems of physical, emotional and financial abuse of the elderly, the United Nations has designated June 15 as World Elder Abuse Awareness Day. If you have older parents, or even grandparents, can you do to anything to help prevent them from being victimized, especially with regard to their finances?
Actually, there's a lot you can do. First and foremost, you need to maintain good communications and a trusting relationship with your older family members. As long as these elements are present, you should feel free to make the following suggestions:
Increase awareness -- When it comes to financial fraud and scams, many seniors think: "It can't happen to me." But the facts suggest otherwise: Some 20 percent of Americans over the age of 65 admit to having been victimized by financial swindles, according to a survey by the non-profit Investor Protection Trust. Let your loved ones know that no one in their age group is immune to financial predators.
Guard private information -- Ask your parents or grandparents to not divulge personal information over the phone. In fact, urge them to get caller ID, if they don't have it already, and tell them that if they don't recognize the number, don't answer. Legitimate callers are more likely to leave messages than scammers.
Don't send money. Exhort your parents or grandparents to never wire money to a random account -- no exceptions.
Ignore "limited-time offers" -- Your loved ones should ignore callers, mailers or emails that demand they act immediately. These offers are often overblown at best and may be fraudulent at worst.
Don't trust "no risk" offers -- Financial offers that sound too good to be true are likely just that -- untrue. Legitimate investments carry both potential risks and rewards.
Avoid "debt-settlement" claims -- If your older loved ones have debt problems, they may be especially susceptible to offers that claim to "clear up" all their debts. But there's no quick fix to this problem and any caller who claims otherwise is likely being deceitful. Encourage your parents or grandparents to discuss their debt situation with an honest, professional debt counselor or a financial advisor.
Here's one more thing you can do to help your parents or grandparents avoid financial fraud: If they don't already work with a trusted, qualified financial professional, introduce them to one. If your parents have a relationship with such a professional, they will be less likely to listen to any questionable, unsolicited offers than if they were trying to manage their finances on their own.
You're in a good position to know how much, or how little, help your elderly loved ones may need in terms of avoiding financial abuse. So be willing to do whatever it takes to help them enjoy their retirement years comfortably.
This article was written by Edward Jones and submitted by Wil Pena, an Edward Jones adviser in Islamorada.

SOURCE:        KeyNews
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Another Mental Health Kidnapping in San Bernardino County

August 29, 2012
By Janet Phelan
Activist Post

A Redlands man has filed a writ of habeas corpus concerning release from confinement ordered under a conservatorship that may not even exist.

When Charles Castle was grabbed off the street by San Bernardino mental health court workers Bob Habel and Wayne Henkelman, almost nobody realized he was missing. Charlie was homeless and while a virtual fixture on the street scene in Redlands, California, he lacked family and social support networks. Some folks, such as Ken Stein with the YMCA, where Charlie went to shower, thought that he was possibly deceased.

Taken

Not deceased, but certainly disappeared, Charlie was taken to Arrowhead Regional Center hospital and held in a mental health unit while powerful parties determined his fate. He reports that he was not present at his mandated court hearing and only found out several months later that he had been placed under a mental health conservatorship.

His conservatorship proceedings were steeped in fraud. Charlie was represented by the same law firm, the law offices of Bryan Hartnell, which also represented the conservator, Melodie Scott. Initially, the Public Guardian was appointed as conservator and Scott quickly petitioned to take over this function.

According to Charlie, his attorney “terrorized” him out of his right to a jury trial. He recalls being told by attorney Ryan Sheehan (who has since left the law firm) that his best recourse was to waive his right to a jury trial. Castle recalls Sheehan saying “It will get real bad for you if you lose the trial. They can put you wherever they want to and you will never get out. Better to go along.”

 SOURCE:        The ActivistPost

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Probate Cour: Where Some Elderly Citizens Disapear

 Probate Court: Where Some Elderly Citizens Disappear; the Case of Former WestConn Professor Eli Schutts (Second in a Series; Updated With Daughter's Reaction)

August 17, 2012
By ANDY THIBAULT
And JACK CORAGGIO
.

Latest update: New Twist in Former Philosophy Professor's Health Care and Probate Saga: Document Shows Power Of Attorney Revoked For Longtime Companion

Also read: Daughter of Ailing Former WestConn Professor Caught Up in the World of Probate Backs the Conservator.

Previously on countytimes.com: Eli Schutts and Edith Johnson of Bethlehem: A Tragic Love Story at Life's Final Turn, and Probate Court’s Most Recent Ruling On Eli Schutts And Reaction.

TORRINGTON—Probate court rulings and administrative practices vary widely in Connecticut, which has a sordid history of failing to oversee commitments of elderly citizens to nursing homes.

The horror stories are legion: Tales of officials draining the estates of those they are charged with protecting, and friends and neighbors disappearing into the bowels of a secretive system with little, if any oversight. One significant case of unlawful imprisonment culminated with a state Supreme Court ruling this year, stripping layers of immunity from lawyers appointed by probate courts, and from conservators and nursing homes. Aggrieved family members can now sue those officials and nursing homes if they ignore the wishes of the clients they are charged with serving.

Daniel Gross had been held against his will in a Waterbury nursing home, the victim of collusion among a court-appointed lawyer, a conservator and a probate judge. He was freed after a year by superior court Judge Joseph Gormley, who called the case “a terrible miscarriage of justice.” Mr. Gross died in 2007, but a civil rights lawsuit filed by his daughter resulted in the high court ruling five years later.

The operations of probate courts still lack consistency, according to several elder care lawyers interviewed by The Litchfield County Times. Two of the lawyers who practice in the probate courts requested anonymity for fear of retribution. They had been asked to review court records and other documents related to the case of Eli Schutts, Ph.D., a retired philosophy professor at Western Connecticut State University in Danbury who is now at the Litchfield Woods nursing home in Torrington, based on a probate court ruling.



(A case worth following. Please go to SOURCE)
 Abridged
SOURCE:      The CountyTimes
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Elder Abuse (INTERNATIONAL

August 5, 2011


I have been ill and have not posted as much. However, nothing much has changed, since I last look into all the news on Senior Issues.


Elder abuse is just as rampant as ever. Many politicians are still doing the 'keep face' routine of saying "Yes, we have put  XXX dollars into Aged Care" ... Blah..Blah..


Where are the media campaigns to highlight the fact that Elder Abuse; in any form or shape IS NOT ACCEPTABLE !


More importantly, where are the guidelines/actions to investigate into corruptions by crooked lawyers, carers, judges in the booming industry of Conservatorship/Guardianship. 


Of course, the other issue of financial and verbal abuse; plus Neglect of Elderly - perpetrated by family members. Those are never mentioned by governments.
Those cases are in the 'Too Hard Basket'.


Well. May I remind these people, that those abuses do not have any Divides at   
all. Every one of the policy makers and abusers will grow old, one day. Oh, of course, unless they take the easy way out.


I applaud my associates and other advocates for their efforts to highlight the issue of Elder Abuse. We need to empower seniors with information on this subject.


.................... Andrew








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Abuse Cases Put Focus on Court-Appointed Guardians (USA)

By LISE OLSEN HOUSTON CHRONICLE

Oct. 28, 2010

Federal auditors uncovered hundreds of allegations of physical abuse and mistreatment by guardians of the elderly and disabled in 45 states, including Texas, where they spotlighted mismanagement, courthouse cronyism and illegal use of U.S. veterans' benefits, says a national report released Wednesday.

Stakes are extremely high in guardianship proceedings, a legal process in which judges can declare someone to be mentally incapacitated and transfer rights over all assets and basic life decisions to a court appointee.

The report includes an ongoing dispute about Michael and Jean Kidd, a Richardson couple, ages 67 and 70, who were declared mentally incapacitated and placed in a nursing home after the husband broke his hip last year. "Under the care of court-appointed guardians, their house went into foreclosure, their car was repossessed, their electricity was shut off, and their credit was allowed to deteriorate," says the new report by the Government Accounting Office, an investigating arm of the U.S. Congress.

The Kidds so far have kept their home, but continue to fight their guardianship in Collin County court.

Nationwide, complaints about guardianships are common, but no one centrally tracks or investigates abuse, the GAO found. "Although we continue to receive new allegations from family members and advocacy groups, we could not locate a single website, federal agency, state or local entity, or any other organization that compiles comprehensive information," the report said.

Lax procedures

Only 11 states, including Texas, require screening and certification for court-appointed guardians. Some have such lax procedures that government investigators used "counterfeit documentation and fictitious educational and professional histories" to obtain certifications.

The Kidds' guardian got certified despite criticism he received for his work in their case, said Debby Salinas Valdez, a San Antonio-based member of a group promoting reforms in Texas known as GRADE — Guardianship Reform Advocates for the Disabled. She and other GRADE members argue oversight of guardianships needs improvement.

Only three states mandate credit checks for guardians hired to manage all assets of elderly and disabled people. Texas is not one of them.

"Courts failed to adequately screen potential guardians, appointing individuals with criminal convictions and/or significant financial problems to manage estates worth hundreds of thousands or millions of dollars," the GAO found.

In one featured case, Texas jurists failed to remove a guardian even after he stole his ward's VA benefits for years.

SOURCE:    The Chron


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Probate Court Abuses Found Across the US

Probate Court abuses found across the U.S.

by Robert Anglen and Pat Kossan

Oct. 28, 2010

A federal investigation into elder abuse has found that Probate Courts nationwide are failing to protect vulnerable adults from exploitation by the guardians appointed to look after their health and finances.
In a report released Wednesday, the Government Accountability Office reported instances of abuse in 45 states, including Arizona, where courts failed to conduct background checks or monitor those it put in charge of an incapacitated adult.
"It is fair to say from the report that the administration of probate issues in states is spotty at best," said Ashley Glacel, spokeswoman for the Senate Special Committee on Aging, which requested the investigation. "The GAO is saying that there is a good-old-boy network with courts and judges in some states."
For years, the committee has been receiving a flood of complaints from "desperate people" who have lost their life savings or suffered physical abuse while under the protection of state courts, staff members and committee investigators say. Glacel said the committee wants to use the findings to push for additional training for guardians, judges and others involved.
Sen. Herb Kohl, D-Wis., committee chairman, is considering holding hearings next year.
Much of the GAO report mirrors findings by The Arizona Republic, which reported that the Maricopa County Probate Court has allowed the assets of some vulnerable adults to be drained to pay fees for lawyers and private fiduciaries who serve as guardians. The fees can add up quickly to tens of thousands of dollars, especially in cases involving family disputes. Judges, who approve the fees, seldom take significant steps to end the disputes or stop the billing.
An Arizona Supreme Court committee began meeting earlier this year to consider reforms in the probate system. Among initial proposals is requiring training for relatives who serve as guardians.
The GAO identified hundreds of allegations of physical abuse, neglect and financial exploitation by guardians in 45 states and the District of Columbia over the past 15 years. Investigators focused on cases where a judge appointed a family member, agency or private business as a guardian.
According to the GAO, guardians appointed and approved by courts in 20 cases stole $5.4 million in assets from 158 incapacitated adults. Investigators found the courts failed in three common areas:


- Screening for criminal convictions and significant financial problems. In four states where guardians are required to be certified, investigators were able to obtain guardianships using two fictitious identities, one with bad credit and the other with a Social Security number from a dead person. The states were Illinois, Nevada, New York and North Carolina.
- Overseeing guardians once they are appointed.


- Communication between state courts and federal agencies. If a federal agency or state court uncovers abuse by a court-appointed guardian, they rarely share that information, allowing the abuse to continue.
The report was compiled from cases that have already gone through the court system. Investigators said they couldn't determine whether the abuse was widespread and added that they could not find a single website, advocacy group or federal agency that compiles comprehensive information on the subject.


Nancy Swetnam, director of the Arizona Supreme Court's certification and licensing division, which regulates private fiduciaries in the state, said the GAO findings are not surprising.
"What it is saying is there are problems across that nation," she said. "That is very consistent with what we've been saying for many years now. There have been cases of abuse by licensed fiduciaries. Some of those people are sitting in prison. Unfortunately, there is also abuse by family members."
Arizona was the first state to require private, for-profit fiduciaries to attend training, get a fingerprint background check and a credit check before being licensed. Private fiduciaries also are subject to random audits. But no such standards exist for relatives.


Two Arizona cases detailed by the GAO underscore the problem.


- A Pima County court appointed Anita Heller's niece to manage her aunt's affairs as her guardian but failed to tell the Social Security agency when it discovered the niece was misappropriating money. The niece continued to receive over $18,000 in Social Security benefits in one year. The niece was later indicted and served probation for misappropriating more than $200,000 from her aunt's estate, which the niece used to give loans and gifts for her children.
- A Cochise County court appointed Lucrecia Pacheco's niece as guardian despite the fact that she twice filed for bankruptcy and had numerous convictions for writing bad checks. A judge appointed the niece over the objections of Pacheco's attorney and allowed the niece to sell her ranch. The court later found that the niece misappropriated $150,000, leaving her incapacitated aunt in danger of losing her housing and unable to pay for medicine. The court ordered restitution and damages of $596,165. In May, the guardian still owed $397,443.


In Arizona, relatives appointed as fiduciaries are required to submit an annual report on the well-being of the ward and an accounting of the ward's finances. At Maricopa County Superior Court, an accounting office reviews the financial reports. Most states, including Arizona, have no system of oversight to make sure the ward is being well-cared for once a court appoints a relative or private fiduciary as guardian.




SOURCE:    The Arizona Republic


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Thank you for the reporters of this report.  


This is overdue, and is not a problem confined to the US.  Information received from Australia, has also highlighted cases, where the Guardianship Board decisions on vulnerable elderly; have found to be wanting.


It is difficult to understand, how the very organization set up by law to protect the elderly, is itself - the abuser. How that particular authority could refused second opinions on the capacity of the case-subject and continues to put the person under administration is beyond belief.


More will be posted on this case in the near future.


.................... Andrew

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Guardianship in Arizona: Elder Care O0r Elder Abuse? (AZ. USA)

AUGUST 21, 2010

Guardianship in Arizona: Look Closely

Many people move to Arizona for the weather and recreation because it's considered a haven for retirees who want to live out their golden years. But something else is happening here - something haunting.

For Clair's mom, Gloria Horrigan, it was a nightmare.

Clair said her mother was taken to a nursing home against her will and not allowed visitors, not even family.

“It's sickening...It really truly is sickening,” said Clair.

It was a struggle for Robert Brown to bring his wife, Rosemary, home.

She was also taken and within a matter of weeks, the family wasn't allowed to see her either.

What happened in both cases started in a Maricopa County Courtroom - right in front of a judge.

Both Rosemary and Gloria had health issues that made it hard on their families.

Families can't force a loved one to get help, but a guardian can.

That's why their cases ended up in probate court, which hears issues on care for vulnerable adults.

The court approved a guardian in both cases. And both times, the guardian was Sun Valley Group of Tempe.

Their website states they offer "support for client's physical, social, emotional and mental health."

As part of their service, Sun Valley Group also took care of Gloria's personal finances.

But Clair said her mom did not get proper medical treatment and her bills weren't paid. Gloria's house went into foreclosure.

“I’m physically sick from seeing what they've done to my mother. My family, my children, everyone has been affected by this,” said Clair.

Rosemary had a similar story. She was depressed and refused medical care.

Her husband Robert needed help, so he said he agreed to let Sun Valley Group take Rosemary when they promised to make sure she got treatment.

But Robert said under the company's care, she never did, so now family friend and doctor, Marge Butler, is Rosemary's guardian.

“The bills were now coming at a ferried pace,” said Marge.

In total, Marge said the family spent over a $100,000. That was for just four months of Sun Valley Group's care.

It ended when the nursing home thought Rosemary was dying. They finally allowed the family to see her.

As for Gloria, Clair said the company seemed much more interested in her mom's money than her health.

Gloria's final bill was just under $500,000 and included charges for an employee to open her mail at $75 an hour.

“They are supposed to be her guardian and are supposed to be like her parents and look out for her best interests,” said Clair.

After repeatedly being turned down for an on camera interview, The ABC15 Investigators went to Sun Valley Group's office.

They asked us to leave.

We then caught up with the owner of Sun Valley, Peter Frenette, at a county courthouse.

He was leaving a probate hearing involving fees from a different case. Even after several questions, Frenette would not comment.

The ABC15 Investigators have found more issues plaguing Sun Valley Group.

Frenette's wife, Heather, is co-owner, but she is being investigated by the Arizona nursing board.

The Maricopa County Sheriff's Organized Crime Unit is also investigating Sun Valley Group.

By state law, both investigations are secret.

We also discovered three multi-million dollar lawsuits filed this year against the company for fraud and racketeering.

Grant Goodman is the attorney for three former Sun Valley Group clients.

“It's more of a criminal enterprise,” said Goodman, “They need to be prosecuted.”

He claimed to find a pattern with these cases.

“They effectively medicate them to such an extent that they really are non-functional,” said Goodman, “And they do that while they're liquidating their assets.”

The three lawsuits also blame probate court.

“The mob isn't this efficient, nor does the mob have the luxury of having a court rubberstamp these proceedings,” said Goodman.

Goodman is not the only one who thinks that way.

Last month, the Arizona Supreme Court issued an Administrative Order to investigate probate court. One of the issues is regulating fees.

Now, Rosemary is back with her family and doing well. She is getting the treatment that she needs.

“We just plan to enjoy life,” said Robert.

Sun Valley Group filed motions to dismiss with the three lawsuits shown in this investigation.

Neither Gloria nor Rosemary has filed a lawsuit.

If you would like any further information on guardianship, visit one or more of these websites:

National Guardianship Association offers a Model Code of Ethics, Standards of Practice and answers to basic questions 877-326-5992.

Center for Guardianship Certification has a directory of certified guardians who have taken a test, agreed to abide by ethical standards, and not been disqualified for prior conduct.

For in-depth reports on guardianship, visit AARP’s Public Policy Institute, or the American Bar Association’s Commission on the Law and Aging

For more information contact Senior Solutions at (954) 456-8984 or toll free at 1-800-213-3524

Posted by Senior Solutions 

SOURCE:     Elderly Seniors Solutions

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Possible $27m Case of Elder Abuse (QLD. AUSTRALIA)

10th August 2010

An elderly man with dementia remains in the care of those accused of fleecing $27 million from him as the State Government drags its heels.

The Noosa News reported in June that Roger Hack, 80, sold his farm on Noosa Hill for $27 million seven years ago but was now virtually bankrupt.

The whereabouts of the fortune is unknown after being weaved through a maze of trust funds and investments.

Mr Hack’s son, Richard, battled to have his father removed from those in charge of his money, and two months ago the case reached the Queensland Civil and Administrative Tribunal.

Mr Hack would be put in the care of the State Government, it ruled, away from those who had controlled his fantastic wealth.

But nine weeks later, nothing has changed and his family is desperate for action.

“The tribunal decided his care, with these people who have taken his money, was satisfactory until a better proposition was found,” Richard said.

“But these things have taken too long.”

Richard said the public trustee and Adult Guardian departments of the State Government were underfunded, understaffed and unable to move swiftly.

Now, backed by the state opposition, Richard has taken his battle to the Bligh government with LNP deputy leader Lawrence Springborg formally inquiring about how the government would protect its most vulnerable.

In a question on notice to Queensland Attorney General Cameron Dick, Mr Springborg asked:

“Why did it take more than six weeks for Mr Hack’s appointee from the Adult Guardian to pay him a visit?”

The Deputy Opposition Leader yesterday said the case could easily be one of elder abuse.

“Some nine weeks have passed since a QCAT decision awarded the Adult Guardian full personal guardianship of Mr Hack and Public Trustee full financial control, and little has been done to protect him,” Mr Springborg said.

“What I am concerned about is that Mr Hack has been allowed to return to living in the home owned by the people alleged to have stripped him of his millions.”

SOURCE:    The Noosa News
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Who Guard the Guardians - New Development (TAS. AUSTRALIA)

I posted a short article regarding Elder Abuse by Guardianship Board, or the court appointed 'Trustees', on December 15, 2009. 


 http://elder-abuse-spotlight.blogspot.com/2009/12/guardianship-abuse-who-guard-guardians.html


I was informed of at least 2 cases in Tasmania, Australia. However, an anonymous email, has alerted me to more cases in Tasmania. This is more serious than we originally thought. Apparently, there was a 'email blitz' to politicians in that state; alerting them to this very issue.

If you know of more cases of  Elder Abuse by Guardianship Board or court appointed 'trustees' please contact me and supply me with details that I could use to help highlight this issue.


.................. Andrew


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Guardianship Abuse: Who Guard the Guardians (AUSTRALIA)

By Andrew Chadwick

The Guardianship Board of any state or country has been mandated by law to help protect the vulnerable seniors. Unfortunately, there have been so many cases of mismanagement, fraud and acts of injustice perpetrated by these so called “protectors of the elderly” that it is beyond belief.

In the USA, many family members of those who experienced this sort of abuses, had to resort to putting up a web site to tell their experiences. There is even a National Association to Stop Guardian Abuse.

Media do not find this sort of cases “sexy” enough to want to write about.

There are no Guardianship Abuse in Australia?

WRONG!  It is just that the country do not want to acknowledge that such cases exist in their sunny country.

In 2006/7 There was a Parliamentary Inquiry into Older People and the Law. The report was published September 2007. In the report, the section on Guardianship and Administration - quoted a ‘Transcript of Evidence’ (p. 167) :

If done incorrectly, it has the potential to be a fundamental breach of human rights because you are taking away people’s ability to make their own decisions in their own lives, so we always adhere to the principles of finding the course of action that is least restrictive of the person’s freedom of decision and action, looking for a decision that is in their best interests, and principles are consistent across all states and territories, even though we have remarkably different laws between states and territories.

(footnote: Ms Anita Smith, AGAC, Transcript of Evidence, 5 June 2007, po.2)

That is the rhectoric. Now for the reality.

It is most disturbing that there are cases, supported by heaps of documentary evidence pointing to the inability of the state, in question, to stop what they have indirectly created.

TASMANIA:

 I have received ample documentary evidence relating to 2 such cases in that state. The 2 elderly lady do not have close relatives who can assist them in resolving the problems. A very determined old friend of one of these ladies, has contacted every authorities she could think of, but no one would look into the case.

CASE 1

1.  In 2006 an elderly widow (MB)  surgery on her knees. One of her friends (S) persuaded her to sign papers, giving that person Power of Attorney. According to MB, things started that took away her rights and freedom.
2.   .   Application was made to the Guardian Board of that state, to declare MB was suffering from Dementia and has“No Capacity”. On 16 June the GAB ordered that a guardian be appointed to take over MB’s affairs. That order was extended earlier this year, for another 3 years.
3. .   Another friend of MB (E) found that declaration hard to believe. She arranged for MB to see another specialist, for a second opinion.
4. Incredible as it seemed, that appointment was cancelled by the Guardianship Board. The GAB flatly refused to consider second opinion on MB.
5. MB (who cannot speak English fluently) had to rely on her friend (E) to try to find out how she could be declared demented and have no capacity to manage her own affairs.
6. MB has voiced her concerns, to E, about missing assets and ‘fire sale’ of some of her other assets. S, who held the Power of Attorney then, was charged with 15 counts of theft, and the case was moved to the Supreme Court. However, the case was later dismissed. MB was NOT informed of the reasons behind that dismissal.

8.   There is no doubt that MB has problems with language and mobility, but she is NOT Demented. This was documented by at least 2 other medical specialist, who conducted comprehensive tests to determine MB ability to make decisions.

9.   Subsequent medical reports on MB have proven that she was badly affected by some of the medications she was told to take by S. Apparently, S persuaded MB to take 'Vitamin tablets'.

   Those medications appeared to have affected MB's concentration. 


    The latest medical report on MB, dated 5 November 2009 has supported earlier reports that MB is NOT DEMENTED.

How can the GAB denied MB a second opinion?

There is injustice and wrong done to MB.

Hard to believe, but this is just an example of how arrogant and powerful a guardianship board can be.

Why none of the officials and politicians of that state that were contacted by E, on behalf of MB, refused to review the case is a mystery.
I have gone through a stack of documents, relating to this case. It has the all marks of GUARDIANSHIP ABUSE.

What would you do if you, or a loved one, experienced such treatments?

What if you do not have a family member or a close friend who could highlight your case?

Who Guard the Guardians? This is a question that must be answered by the government responsible for setting up the system.
Someone must be held responsible for the debacle borne out in the 2 cases.

Wake up Australia !

  

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Guardianship Abuse: No End in Sight - Now Cases in Australia

Guardianship Injustice

By Andrew Chadwick

12 October, 2009

It has been a long battle to get attention and justice for many of our senior citizens, who have been abused and cheated of their live savings; in the name of “…..looking after the well-being of the aged”.

The same laws, that were enacted to safeguard our seniors, have been misused by Guardianship Boards and some court systems.

There are a number of great sites on the net, highlighting the outrageous treatment of those elderly.  A few good sites on this issue:

Estate of Denial

National Association to Stop Guardianship Abuse

Elder Abuse Help

Guardianship Gulag

Victims of Guardians

Abusive Guardianships of the Elderly

The above list is not exhaustive.  There are a lot of elderly who have been abused by the system, but do not have friends or relatives who can highlight their cases.

Elder advocates for those who have been abused by the guardianship system, are often accused of “hidden agenda”. 

At the moment, it seems that guardianship abuse is confined to the USA.  This is far from the truth. I have received a huge amount of documents from someone in Tasmania, Australia, regarding a couple of cases that are unjust and authorities over there, just did not respond to enquiries posted by concerned friends and relatives.

No one, it seems, want to expose the alleged injustice done to 2 elderly ladies.  I will attempt to expose these 2 cases soon. What I gathered from documents provided by a tireless friend of the ladies in question; disturb me greatly. I believe, anyone who is mindful of human rights and care of the elderly, would want to know why these 2 cases in Australia, did not get the deserved attention of authorities and the media.

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Guardianship: Elderly Couple Won't Lose House (TX. USA)

Elderly Couple Won't Lose House

01 Sep 2009

By Becky Oliver

A victory for a Richardson couple at war with the state over their mental condition and their money. Michael and Jean Kidd’s home was not sold on the courthouse steps and now the judge is clarifying his orders.

“I could have gotten out of bed and danced the jig,” Michael Kidd said after hearing about the status of his home.

Relief is all Michael and Jean Kidd are feeling right now. A trustee’s deed filed in mid August indicated their home would be sold on the courthouse steps . The foreclosure sale was called off, at least for now.

“Just knowing that the pressure if off for awhile, that is what made me the happiest,” Kidd said.

“I sure felt like we were deserted by the whole world for awhile. It makes me feel a whole lot better,” Jean said.

Abridged

SOURCE: My Fox, Dallas, Fort Worth, USA

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It is comforting in a way, that there is something in place, so that if needed; a guardian can be appointed by the court to assist us. However, there are just too many cases where the very people appointed by the courts, as guardians for the elderly; turned out to be the ones who actually drained the seniors of their life savings.

The case regarding Michael and Jean Kidd should have been handled more sensibly. What happened to their assets? And, selling their house against their wishes?

Can this case be one of many that have gone un-noticed?

We must really question these sorts or actions and look out for one another in the community.

................. AC

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Certified Guardians Protect Elderly From Abuse (USA)

Certified guardians protect elderly from abuse

By AUDREY PARENTE
Staff Writer

Casey Holly of Ormond Beach said his 83-year-old father had always been an "independent fellow," and no one realized he had become the victim of elder abuse until authorities called.

It threw the family into a sort of "hurricane," Holly said.

"My father is 83, retired for a long time from working for the state and county. He's a World War II Infantry vet. But he had a bit of dementia, and people took advantage of him," Holly said. "I didn't realize what was happening, but we found out from the police that we needed to get there right away."

Holly learned his father had been taken advantage of financially, and was left ill and confused.

The National Center on Elder Abuse reports that more than 500,000 people over 60 become victims of abuse every year, and only a small percentage of incidents are ever reported to authorities. Given the significant underreporting, the U.S. Senate Special Committee on Aging recently estimated as many as 5 million older Americans may be victims of abuse, neglect and exploitation every year.

As a result, a fledgling field of practice is evolving.

"A developing practice of third-party guardianship is being driven by social and economic dynamics, causing courts to turn to professional guardians," said Terry Hammond, executive director of the National Guardianship Association, which has 900 members.

Abridged

SOURCE: Daytona Beach News-Journal

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Conservatorship and Involuntary Redistribution of Assets (USA)

Falk conservatorship, Astor estate trial continues

 02 Jun 2009

Judge Aviva K. Bobb, the same judge overseeing Britney Spears’ conservatorship, has placed actor Peter Falk under a conservatorship.  Falk’s daughter from his first marriage initiated these proceedings which were fought by his second wife.   The daughter is claiming victory because while previously denied access to Falk, the conservatorship now mandates that she be allowed a monthly visit with her father.  Through an attorney, Falk’s wife is also touting a win by proclaiming “the hearing proved that Falk’s wife had provided top-notch care and should be allowed to continue that role.”

A recent discussion with a group of teenagers prompted an explanation of how adulthood and maturity are not mutually exclusive.  This case brings that conversation back to mind.  As people age and time becomes more fleeting, we all are sometimes challenged to tolerate people or distasteful situations as a testament of devotion to those we profess to love.  Denying access or creating a hostile environment in which parent/child visitation becomes imprudent or unwise is, to us, a particularly loathsome act.  Peter Falk’s long and distinguished career brought enjoyment to many people.  We hope the resolution of this matter and the new ability to see his daughter will bring enjoyment to him.

Terry Christensen continues on the stand at the Anthony Marshall/Francis Morrissey trial.  The defense attorneys are now cross-examining him.  Though not charged with a crime, Charlene Marshall continues to be a regular source around which testimony about the alleged looting of Brooke Astor’s estate revolves.

No matter how often these stories surface, the chaos and pain that a single person’s focused hostility and/or greed can create is always astounding.  And folks, until something happens to diminish this overwhelming sense of entitlement that defines so many people in today’s society, things are only going to get worse.

Forewarned is forearmed.

SOURCE:    Estate of Denial

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For those who are especially interested in these issue, please go to source Lou Ann Anderson has a great collections of articles.

Thanks again Lou Ann. You are a champ.

........ AC

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Undue Influence and Fraud: A Menancing Unbalance of Elder Abuse (USA)

May 8, 2009

By Steven Peck

May 8, 2009

A Superior Court judge has ruled that heiress Phoebe Hearst Cooke be evaluated by a psychiatrist who has no ties to either Cooke or other members of her family.

Cooke, 81, is fighting attempts by her family to have her estate, as well as her person, placed under a conservatorship managed by her twin brother, George Hearst Jr.

Abridged

SOURCE:    California Elder Law Attorney Blog

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Elder Abuse: Inheritance in America - Rights vs. Slights

Lou Ann Anderson latest article on her site: Estate of Denial, titled 'Inheritance in America: Rights vs. Slights ' once again focus another shaft of light on the issue of guardianship/conservatorship abuse and the rights of vulnerable seniors.

I applaud her continuing efforts to speak out for thousands who could not protect themselves from this menace of this "legal" elder abuse.

The article is a "must read" for those who are interested in the issue of Elder Abuse awareness and prevention and Elder Rights. Seniors must keep themselves informed of this issue, if they did not want to fall into the same "trap" as those mentioned in the article.

Lou Ann Anderson is producer of The Lynn Woolley Show, a Texas-based talk radio program. She also is an advocate working to create awareness regarding the Texas probate system and its surrounding culture. Lou Ann may be contacted at info@estateofdenial.com.

Thanks again Lou Ann. You are the champion of the "voiceless".

Andrew C
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Guarding the Guardians - A Report 2007 (USA)

In Brief: Guarding the Guardians: Promising Practices for Court Monitoring
Research Report

By: Naomi Karp, J.D., AARP Public Policy Institute
Erica F. Wood, American Bar Association
December 2007

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Report Home
Full Report (PDF)
In Brief (PDF)

This In Brief summarizes the findings of the AARP Public Policy Institute report, Guarding the Guardians: Promising Practices for Court Monitoring by Naomi Karp of the Public Policy Institute and Erica Wood of the American Bar Association (ABA) Commission on Law and Aging.*
This research report identifies methods for helping courts effectively monitor adult guardianships that protect some of the most vulnerable people in our society.

Court-appointed guardians step into the shoes of at-risk adults with cognitive impairments, making judgments about medical care, property, living arrangements, lifestyle and potentially all personal and financial decisions. But, guardianship also removes fundamental rights, which may increase opportunities for abuse of those we strive to protect.

Court monitoring of guardians is essential to ensure the welfare of incapacitated persons, identify abuses, and sanction guardians who demonstrate malfeasance. Despite a dramatic strengthening of guardianship statutory standards in recent years, judicial monitoring practices vary substantially by jurisdiction. Bolstering oversight will become increasingly important with demographic trends sharply boosting the number of guardianships in the coming years.

Promising Practices

Through site visits and intensive interviews, AARP and the ABA have identified approaches for effective monitoring that can be adapted and replicated by courts around the country. These include:

• Reports, Accounts and Plans. Noteworthy practices include: requiring early first reports to ensure the guardian is on track; providing clear and web-accessible forms; and requiring prospective plans for personal decisions and estate management.


• Court Actions to Facilitate Reporting. Courts should provide ample support for guardians while rigorously enforcing reporting responsibilities. E-filing, personal instruction by judges and staff, automated reminder notices, and scheduling compliance conferences all can help.


• Practices to Protect Assets. To ensure that guardians properly manage finances and to prevent financial abuse, courts can require a financial management plan, require supporting documentation with accountings, and use bonding and restricted accounts.


• Court Review of Reports and Accounts. Reports and accounts are of little use if courts don't review them and respond to irregularities. Courts can use staff auditors and state administrative agencies to conduct a baseline review, and could perform more in-depth review in a random sample of cases.


• Investigation, Verification and Sanctions. Someone needs to visit the incapacitated person, and it can be a trained staff investigator, trained volunteer monitor or a court-appointed attorney or investigator. Sanctions such as fines, removal and calling in bonds address malfeasance.


• Database and Other Technology. Use of technology, such as an e-filing system with automatic capacity to flag problems, may be the most important trend for monitoring in an age when funds for staff are scarce.


• Court Links with Community Groups and Government Agencies. Working with community resources and agencies like adult protective services and long-term care ombudsmen can leverage training resources, enhance volunteer monitoring, and extend the court's reach.


• Guardian Training and Assistance. Court handbooks, videos and other resources for guardians, as well asrequired training for professional fiduciaries are promising tools.
  Funding for Monitoring.


• Ideas for bolstering resources include: dedicating filing and investigation fees to monitoring, using volunteers well, raising the awareness of county councils, and doing “things that don't cost a dime".

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As you can see, there are evidence that policymakers must be aware of problems with the system. (I am assuming here that they have read the reports!)

In view of the increasing number of cases publicized; one would expect that something is done to allay fears, and to regain public confidence in the system.

Legislators, judges, attorneys, other professionals; and their professional associations MUST take pride in what they are doing. Surely, they should look into the misconduct or "alleged misconduct of some of their own.

The public is crying out for changes and reforms.

Guardianship Monitoring - A Report 2006 (USA)

Guardianship Monitoring: A National Survey of Court Practices
Research Report
Naomi Karp, ABA Commission on Law and Aging
Erica F. Wood, American Bar Association
June 2006

Learn More
Report Home
Full Report (PDF)
In Brief (HTML)
In Brief (PDF)

Guardianship is a powerful legal tool that can bring good or ill for an increasing number of vulnerable adults with cognitive impairments. Incapacitated elders are at risk of abuse, neglect and exploitation by guardians with the authority to make surrogate personal and financial decisions. To better understand how courts are monitoring the performance of guardians, AARP’s Public Policy Institute (PPI) took the first detailed look at guardianship monitoring in over fifteen years.

This report by Naomi Karp of AARP PPI and Erica Wood of the American Bar Association Commission on Law and Aging presents the results of a 2005 national survey of frontline professionals. Key findings include:

Brief Summary

CONCLUSIONS
Salient themes in the survey findings include the following:

• Guardianship monitoring practices show wide variation, as they did in a similar 1991 study.


• Reporting practices have advanced over the past 15 years in key aspects, including more frequent requirement of personal status reports, greater compliance with statutory reporting requirements, and greater use of guardianship plans.


• Verification of guardian reports and accounts, as well as visits to vulnerable individuals under guardianship, is frequently lacking.


• Use of technology in monitoring is minimal despite vast opportunities for web-based and email monitoring techniques as well as computerized data collection.


• Guardian training has increased but remains a compelling need.


• Courts and community groups rarely collaborate on guardianship monitoring.


• Funding for guardianship monitoring remains minimal.