What happened to freedom?
2008-03-14 00:57:00
The Manire Case: I have known my in-laws over 26 years. My mother-in-law (Doris) has always bruised easily and she was getting more accident prone due to Alzheimer so she was bumping into things more than normal.
Adult Protective Services came and removed her forcefully from the home and put her in the hospital for a week in Nov. 2004, for observations. During her hospital stay while in their
Shameful Connecticut Probate
2008-03-17 01:08:00
Rose Quattro is an 88-year-old widow in a wheelchair who just wants to live quietly at her East Hartford home.
Quattro's life landed under court control last summer after she was hospitalized for an infection and ended up in a nursing home. A dispute arose between her son and the nursing home that she was set to be released from. The nursing home - part of the infamous, bankrupt Haven Healthcare
Read more: Connecticut
The Retirement Nightmare
2008-03-19 00:28:00
The Nightmare
:
A very real possibility that you or someone you love will be forced to surrender your decision-making powers over almost all personal and financial matters at some point during your senior years. Surrender to whom? Surrender to a friend, a relative or a total stranger who convinces one judge in an unwanted conservatorship or guardianship proceeding that you are no longer managing
Railroaded into Guardianship
2008-03-18 01:26:00
Ten Reasons People Get Railroaded into Guardianship
by MARGARET K. DORE
1. A Misconception of Guardianship
The first factor that contributes to unnecessary guardianships is a misconception of guardianship itself. The word “guardian” creates a warm and fuzzy image. Guardianship is, however, a severe loss of liberty. 2. Trolling for Clients
Some professional guardians petition the court to have
American Probate
2008-03-22 01:13:00
An eye-opening account of the prevalence of fraud and abuse inherent in American
probate law.
New Hampshire judge and probate attorney John Fairbanks, a court-appointed executor and trustee, stole thousands of dollars from the estates of his trusting elderly clients. Successful Virginia lawyer David Murray misappropriated nearly four million dollars from estates entrusted to him in one of the
Have You Ever Watched Your Mother Cry?
2008-03-21 00:31:00
Catherine Roberts - A Human Being
Have you ever watched your mother cry? Or seen her imprisoned in a jail-like facility, in which, her everyday ends at the window, looking out? Have you ever seen a pair of eyes that would once light up a room but became dull and lifeless and seemed to beg, "why?" Imprisoned, not for a crime or a contagious disease or mental decline. "Why?"
I guess we all have
Free Silvia Klaiber
2008-03-20 01:42:00
"My story begins when I removed my daughter from her day program at Community Gatepath in San Mateo. At the time, I was Conservator of the Person and San Mateo County was Conservator of the Estate. I had called the local regional center and was waiting for a call back when I began to get calls from Community Gatepath wanting to know why I had removed my daughter."
Two years ago, the Public
Unwanted Guardianship
2008-03-24 00:55:00
Norman Baker is an American hero who has been detained against his will for more than three years.
His "crime": owning too much property.
His sentence: a court-appointed guardianship on the brink of costing him everything he spent his life building.
His rights in this case: virtually none, significantly less in many ways than an actual law-breaking criminal.
His future if this continues:
Read more: Unwanted
Judicial Immunity
2008-03-26 01:26:00
The case of Daniel Gross that was filed to hold the judge, the conservator, the court appointed attorney, the ombudsman, and the state responsible for their actions, was turned down in federal court even though Gross was held a prisoner, locked up, denied all rights, isolated, and drugged against his will.
See: From Hospital, to Locked Ward, to Civil Action (pdf)
The case was turned down on "
Read more: Judicial
, Immunity
NYC Guardianship Protest
2008-03-25 01:05:00
Read more: Protest
In Memoriam - Terri Schindler Schiavo
2008-03-28 01:55:00
The Judicial Murder of Terri
Schindler Schiavo
See also:
Statement of Diane Coleman on Terri Schiavo
Terri Schiavo's mom pleads: 'Give my child back'
Nov. 10, 1984, set stage for Terri's death
Today’s Buzzword—Judicial Accountability
Sealed Records Protect the Guilty in Terri Schiavo Case
Special Report: License To Kill
The Dead Man’s Statute And Schiavo
Targeting the Disabled:
Husband Held Captive
2008-03-27 00:28:00
My husband Gary E. Harvey, age 55, suffered a tragic accident leaving him severely brain injured. As his wife and sole advocate, I’m fighting to ensure he gets the best possible care and quality of life. We have been abused and taken advantage of by Chemung County, CCNF, APS, DSS, Attorneys, and Supreme Court.
I pray that Gary has a full recovery. A man who served his country should not be
Read more: Husband
, Captive
Florida's Probate Mill
2008-03-29 00:14:00
In 1995, the St. Petersburg Times won a Pulitzer Prize for an editorial investigation called Final Indignities. This powerful four-part series exposed flaws in Florida
’s probate system and detailed ways in which estates are mishandled by lawyers and executors.
In 2008, there does not seem to be much, if any improvement in the probate system throughout the United States.
Final Indignities by
Fox 5 Investigates: Guardian Abuse, Part 2
2008-04-02 02:20:00
Mary Garofalo has a follow-up to her special investigation into guardians.
From anger to outrage: A recent Fox 5 investigation exposing allegations of guardian abuse generated quite the reaction from viewers across the country. It exposed how perfect strangers can take total control of your life, sell your home and spend your money and they wouldn't even have to ask you for permission. Mary
Read more: Guardian
Predatory Trust
2008-04-02 01:15:00
Disabled elder names licensed Bank & Trust "Co-Trustee" of Predatory Trust
Illinois Attorney General Lisa Madigan’s office does not intervene to investigate possible abuses by attorneys and bankers. Illinois’ response to such concerns is “Hire an attorney.”
WWII veteran, Darrell La Bounty, with a mental health disability attempted to set aside a trust for the care of himself and his wife, who
Judge Windle Caught
2008-04-01 00:59:00
"Judge
Windle, you bring shame on Denton County and the judicial system of our state." Source: Who's Playin
See also: Denton County Judge and Guardian
Read more: Caught
Denver Probate Lawyer
2008-03-31 11:45:00
Denver probate lawyer Susan Haines has lost her license to practice for taking $70,000 from a client's estate and then lying under oath about it. The Colorado Supreme Court upheld Haines' disbarment and ordered her to pay back $65,000.
"Haines by deceit and fraud seized the opportunity to pay herself a large amount of money without her client's authorization," the court ruled.
The court said it
Read more: Denver
, Lawyer
Forced Guardianship
2008-04-05 00:03:00
Because of a forced guardianship, my mother had to spend over four years in nursing homes against her will. It didn’t matter to the judge that Mom wanted to live with me. It didn’t matter that she was terrified and abused while in the nursing home. And it doesn’t matter now to the judge that my Mom needlessly suffered total loss of her sight due to nursing home neglect, among other atrocities.
Protecting the Elderly from Guardians
2008-04-04 04:13:00
For those of us who have reached our so-called "golden years" or are rapidly approaching them, there is another scare on the horizon that rivals Alzheimer’s disease and osteoporosis – guardianship.
"When full guardianship is imposed, the elder no longer has the right to get married, vote in elections, enter into contracts, make medical decisions, manage finances, or buy and sell property. They
Read more: Protecting
The Dirty Little Secret
2008-04-03 03:04:00
Abuse of the elderly and disabled can have many faces. These vulnerable people have become the prey for a predatory and lucrative guardianship/ conservatorship industry.
In case after case, the ward's estate is pilfered by the guardian, while the ward is isolated in a nursing home against his/her will, not allowed contact by family members or friends, and eventually dies, bewildered and alone,
Steal An Estate
2008-04-07 01:04:00
How To Steal
an Estate
- Get Rich On Other People's Money - Never Have To Work Again - Displace Rightful Heirs Legally
Steal An Estate discloses the secrets, strategies and malicious manipulations skilled con artists use to steal elderly people’s estates from their rightful heirs. Sadly, many of their tactics are hard to prove.
Stealing Guardianship of Senior Parents
2008-04-08 00:21:00
Senior adults have been targeted as easy victims in a number of different scams for the last two decades now, and it's only getting worse. Instead of just stealing money from them or ripping them off, con artists are now actually stealing guardianship of many senior adults. Some criminals have figured out that they can assume guardianship of elderly individuals just by telling a judge they are no
Read more: Stealing
, Parents
A Family Feud
2008-04-10 00:36:00
When they were children, Melvin and Byron McCree grew up as brothers in one of Flint's history-making families.Today, as the end nears in Melvin McCree's political career, the two are growing further apart in a family feud that's already become very public and seems to be getting nastier by the hour.Byron McCree was appointed temporary guardian and conservator for his brother last week after testifying that Melvin McCree, the county register of deeds, was becoming increasingly delusional and could no longer take care of himself.Melvin McCree had his say, filing a Probate Court petition to end his brother's involvement in his affairs, suggesting his brother did not have his best interests at heart, and appearing before the county Board of Commissioners, to say he was still able to function
Read more: Family
Brooklyn Folk Song
2008-04-09 00:46:00
Ode to the Honorable John J. Phillips, victim of an abusive guardianship. Supreme Court Justice robbed of his money, his property, and his freedom.See also: The Kung-Fu Judge
Read more: Brooklyn
An Open Door
2008-04-11 01:12:00
Guardians will find any crack in the crevice to get into our lives and our loved one's pocketbook; but oftentimes, we've unwittingly opened the door and invited them in ourselves, following a family feud. This is the phrase the guardians like to use - or "family squabble."It could start because one family member feels slighted - discovering another will inherit more of the eventual estate. Theft by a family member is often actually involved. Or maybe one sibling is taking care of Mom and the others think that he/she is taking advantage of her or not treating her properly. Maybe the siblings have never gotten along. Worse, maybe one sibling is actually abusing Mom and she's in danger. Sometimes families call an APS-type agency to complain about each other. The problem escalates very quickly
Conservator Pleads Guilty
2008-04-12 00:42:00
A La Pine man who was assigned by State court, Social Security Administration, and Senior & Disabled services to act as a conservator of finances for numerous senior and disabled citizens throughout Central Oregon who was arrested in July of last year has pleaded guilty to 32 counts of theft.Originally charged with three counts of first-degree aggravated theft, 14 counts of first-degree theft, 13 counts of second-degree theft, 3 counts of third-degree theft, and 32 counts of first-degree criminal mistreatment, an agreement was made wherein Oliver Lee Trussell, 59, would enter Alford pleas to 32 counts of theft.An Alford plea is a guilty plea where the defendant does not admit guilt, but acknowledges sufficient evidence exists with which the prosecution could likely convince a judge or
Read more: Guilty
Massachusetts Elder Abuse
2008-04-14 00:17:00
The number of elderly residents being abused or neglected is on the rise in Massachusetts
, and advocates for the elderly say the state is not properly funding a program that was designed to protect vulnerable seniors.Elder
service agencies northwest of Boston say they do not have enough money to run the state-sanctioned protective services program, so they are forced to pull funds from other important programs. As state officials work on next year's budget, advocates for seniors are putting on a full-court press to draw attention to the problem.The protective services program responds to reports of elders in situations that include physical, emotional, and sexual abuse, neglect by a caregiver in the home, self-neglect, and financial exploitation.In fiscal year 2005, the state received 11,5
Raise the Ceiling
2008-04-15 00:16:00
North Carolina's House Bill 794, entitled "Raise the Ceiling
/Personal Property Sale/Guardianship", proposes increasing the limit from $1500 per reporting period of the guardianship to $15,000 per reporting period for the value of personal property that can be sold without court order from a ward's estate.17)a. Without a court order to lease any of the ward's real estate for a term of not more than three years, or to sell, lease or exchange any of the ward's personal property including securities, provided that the aggregate value of all items of the ward's tangible personal property sold without court order over the duration of the estate shall not exceed one thousand five hundred dollars ($1,500) .fifteen thousand dollars ($15,000). When any item of the ward's tangible personal property h
Probate Court Manager Sues
2008-04-16 00:02:00
James Locke fought for the rights of elderly and disabled people to be free from abuse by court-appointed conservators, and for that he was fired by Sacramento Superior Court
, he claims in federal and state lawsuits.Locke started in May 2001 as an investigator for Probate Court. With excellent performance reviews, he rose through the ranks and became probate manager. He was terminated without an administrative hearing May 7, in violation of his rights under federal and state laws and the U.S. Constitution's guarantee of due process, according to the suits, filed by lawyer Stewart Katz.The suit alleges it was retaliation by the Superior Court and its executive staff for Locke's persistent, outspoken and constitutionally protected advocacy of needed improvements to the court's legally manda
Fleecing of the Elderly
2008-04-18 00:10:00
Remember that old axiom? "Work hard, pay your taxes and........"You know, a house, kids, little white picket fence, 2 dogs, 2 cats..... the Great American Dream! Save a couple bucks, retire, spoil your grandchildren and enjoy the golden years. Sounds good, huh?In America the golden years are not too "golden" as so many - too many - will attest! But, actually, the golden years have become a gold mine for many others, and the "fleecing of the elderly" has become the hottest game in town!Or more commonly called Guardianship/Conservatorship!If that isn`t a contradiction in terms - "Guardianship", "Conservatorship?" The terms in the code and statutes are even more confusing, given the wording and the actual real life accounts of conservatees and their families.The Public Guardianship program wa
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