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Updated 06/13/19
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As Time Goes By: Senior Issues
"Guardianship & the Elderly; the Perfect Crime"
by Dr. Sam Sugar, founder of AAAPG (Americans Against Abusive Probate Guardianship)
http://aaapg.net/new-book-from-aaapg-founder-dr-sam-sugar-guardianship-and-the-elderly-the-perfect-crime/
About AAAPG: https://aaapg.net/contact-us/about-aaapg/
NOTE:
In California, a legal guardianship for an adult is called a 'conservatorship'
and can only be established by an order of the probate court.
A conservator is appointed for another adult when the probate court concludes
that the adult, or conservatee, cannot manage his finances and personal affairs."
https://info.legalzoom.com/legal-guardianship-adult-california-20973.html
Medical Kidnapping of Seniors is a $273 Billion Industry .... and growing.
June 13, 2019
"WHY PROBATE COURTS CONSISTENTLY FAIL US–2019"
"Advocates from around the country have seen their concerns and complaints about these courts
fall on deaf ears for decades. Attempts at rewriting or replacing the statutes, demanding change
in the probate rules, demanding accountability from judges, the BAR or legislature have met with
enormous resistance to change.
It is unreasonable to think that this system can be fixed from within or that the business model of
the lawyers who practice in the system will ever be tamped down by limits on legal fees or guardian fees."
https://aaapg.net/why-probate-courts-consistently-fail-us-2019/
Commission on Judicial Performance (CJP):
"CJP’s operations and structure must change significantly to address the issues that this audit revealed.
CJP can change its internal policies to address concerns about the planning and supervision of its investigations.
However, changes to CJP’s structure will require an amendment to the California Constitution and CJP will
need to inform the Legislature about any related funding needs as it adjusts its practices."
Audit with recommendations --
https://www.auditor.ca.gov/pdfs/reports/2016-137.pdf
"YOU ARE AT RISK ....
AN URGENT WARNING TO ALL AMERICANS WITH ASSETS"
"Your very life is at risk, grave risk. Everything you own, including your own freedom and
priceless Human and American civil rights can be taken from you --
worse than for a mass murderer –
and your life forever decimated if you are targeted by predators who lurk behind the black robes
of an administrative probate judge in State courts all around the country.
And as long as that colluding administrative judge authorizes the predator’s heinous actions
it is all legal, unassailable, and cannot be effectively challenged."
March 19, 2019
https://aaapg.net/you-are-at-risk
"We need to deal with the fact that once a guardianship starts it is almost
impossible to derail and that anyone who dare stand in front of it will be
crushed by the guardianship steamroller. We need to prevent guardianships ....."
April 4, 2019
https://aaapg.net/why-is-guardianship-abuse-so-repulsive/
FRAUDULENT GUARDIANSHIP ....
"A person works and tolls all of his or her adult life
only to have a professional guardian confiscate and
pirate all of his or her assets."*
Without immediate guardian statute reform, this huge, incredibly corrupt industry
now so successfully targeting seniors’ hard earned assets, may continue unimpeded
as baby boomers age and become ever more vulnerable to elder abuse ....
Professional guardians find victims ....
At hospitals
Through 911 records
Through fire and rescue records
Through guardianship attorneys
Through bank officials and stock brokers
Medical Kidnapping of Seniors is a $273 Billion Industry
https://medicalkidnap.com/2017/11/16/medical-kidnapping-of-seniors-a-273-billion-industry/
"The police, the F.B.I., sheriff's departments, the Attorney General's Office, the Department
of Justice, the Department of Elder Affairs, your legislators, congressmen, and state
representatives, the Judicial Qualifications Commission, etc., etc.,etc., are already aware
of this and do nothing about it." *
Attorney explains how to protect against America's epidemic of senior medical kidnappings:
https://medicalkidnap.com/2018/08/16/attorney-explains-how-to-protect-against-americas-epidemic-of-senior-medical-kidnappings/
However, greedy corrupted guardianship systems can destroy the legal
documents that normally protect us, forge signatures, and lie blatantly
about our mental health or ability to be independent.
"Case studies demonstrate the lack of remedy available to victims.
In the cases presented, remedies for abuse were not available through
Adult Protective Services, the long-term care ombudsman, Community
Care Licensing, law enforcement, or civil court."
* Recommended self-education --
"My mother's guardianship commenced with a forgery of my signature on a guardianship application...
The Florida Bar did nothing to discipline or prosecute or even investigate the attorney
who forged my signature on the guardianship application."
http://aaapg.net/excellent-education-presentation-to-educate-about-guardianship-abuse/
"It has never been more important for everyone who reads this to understand
that only with numbers can we make a difference. If you or someone you know who
might be interested in the topic of abusive guardianship has not yet signed up on
our website to subscribe to this newsletter please do so now."
https://aaapg.net/phplist/?p=subscribe
Note that guardian statutes may vary from state to state, but
rampant abuse is reported across the country --
Guardianship in the media listed by state:
http://aaapg.net/coalition-partners/
"....developments (in other states) that our followers should know about."
February 11, 2018
https://aaapg.net/aaapg-developments/
WARNING: Massive Guardianship Corruption in Oakland County Michigan:
"In the last months we have seen a huge spike in reports of Guardianship abuse
and corruption involving not only private guardians but also elected
officials, judges and law enforcement personnel."
May 12, 2018
http://aaapg.net/warning-massive-guardianship-corruption-in-oakland-county-michigan/
White Paper on Conservatorship in California --
"California is failing its elders and disabled adults. Courts provide inadequate
oversight of conservatorship. Statutes fail to curb abuse. Case law fails to curb abuse.
Apathetic law enforcement and negligent social services agencies set the stage for rampant
abuse by conservators.
Conservatees are routinely denied their most basic civil rights.
Families find no remedy for abuse of their loved ones."
"Case studies demonstrate the lack of remedy available to victims. In the cases
presented,
remedies for abuse were not available through Adult Protective Services,
the long-term care ombudsman, Community Care Licensing, law enforcement
or civil court."
CONSERVATORSHIP IN CRISIS: CIVIL RIGHTS VIOLATIONS & ABUSES OF POWER
"This paper discusses systemic failure in California’s conservatorship (adult
guardianship) system and presents two case studies that illustrate heinous abuse of
individuals trapped within that failed system.
Courts provide no meaningful oversight. Conservators and court appointed
attorneys abuse with impunity.
Law enforcement and government agencies disregard abuse of elders and dependent adults.
Although the scope of this paper is limited to California, anecdotal evidence
indicates that similar abuses may be found in jurisdictions across the country."
https://aaapg.net/white-paper-on-conservatorship-in-california-by-linda-kinkaid/
Other articles on guardian / conservatorship abuse in California:
https://aaapg.net/category/california/
Visitation law leaves loophole for corrupted guardian sysem:
California AB 1085 Signed by Governor Brown: All Adults Have A Right to Visitation
SECTION 1. The Legislature finds and declares that every adult in this state has
the right to visit with, and receive mail and telephone or electronic communication from, whomever he or she so chooses, unless a court has specifically ordered otherwise.
https://aaapg.net/california-ab-1085-signed-by-governor-brown-all-adults-have-a-right-to-visitation/
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Medical Kidnapping of Baby Boomer Seniors is Now the Norm:
“Under the guise of court appointed guardianship, our seniors are being drained of familial contact, removed from their homes, isolated, given unnecessary drugs rendering them lethargic and semi-comatose, and then relieved of their property.....” http://medicalkidnap.com/2016/01/29/medical-kidnapping-of-baby-boomer-seniors-not-rare-now-the-norm/ -------------------------------------------------------------------------------------------------- As incredible as it sounds ..... unconscionable, greedy, guardianship / conservatorship fraud is happening all over the country .... In a matter of minutes, an unaware, independent senior can be abducted from his home or appropriate family care -- and by the stroke of a pen, reduced to a 'ward' / 'conservatee' with fewer civil rights than prisoners in our judicial system. In many cases, the only escape from conservatorship is death. This is a fast growing, corrupt-to-the-core, multi-billion-dollar industry ..... and a senior's mental or physical health status, or the ability of family members to provide appropriate care, are NOT the issue: Fraudulent guardians come equipped with a group of similarly-minded attorneys and doctors who make it a practice to sign off Court documents with outright lies about any senior’s capacity..... The senior will be deliberately medicated to appear confused and incompetent during "exams". The goal, is to confiscate and liquidate all property and assets to pay the guardian and ward attorney "fees" until senior's money runs dry.... Then, dump the senior back on a family which has likely exhausted its own resources in Court while trying in vain to rescue this entrapped member. Now, the family must support their senior without benefit of any assets accrued for this purpose over his lifetime. HOW WE GOT HERE: State-controlled “guardian statutes” apparently override the legal channels which normally protect senior civil rights and assets -- opening the door to unchecked greed and truly shocking elder abuse. -- Many do not realize that guardianship SUPERSEDES our own powers of attorney or intended estate executor-ships; guardians can also destroy our Wills, etc., etc.. CONGRESS has not responded to our plight -- Guardianship Reform Advocates from across the nation had addressed very serious concerns with Congress members on Capitol Hill in June, 2011....... but, no meaningful reforms have been enacted...... CONCLUSION: Right now, we seniors -- and our families – appear to have no viable legal protection against the growing numbers of unscrupulous and fraudulent guardians targeting this country’s moderately well-off retirement communities. RECOMMENDATIONS on what NOT to do: -- STAY AWAY from ALL guardianship attorneys; avoid getting placed on potential-guardian client lists. -- DO NOT CALL any agency that will get us onto “guardianship radar” . -- DO NOT TELL any social worker at a hospital that we have substantive assets. DO EDUCATE YOUR FAMILIES: Show them, the below eye-opening educational presentation about today’s guardianship abuse by Angela Woodhull, Ph.D. , so that they can be aware of what might happen to us without any warning or family consent ..... let them know, how easily any estate we intended to pass down can end up in the hands of strangers in a matter of minutes, with no questions asked. (Click on “PPT Guardianship” on middle of page): http://aaapg.net/excellent-education-presentation-to-educate-about-guardianship-abuse/ -- Note, that author Woodhull’s’ own mother’s UNINTENDED guardianship had commenced with a forgery of this daughter’s signature on the guardian application .... and Florida Bar did NOTHING to discipline or even investigate the attorney who did the forging even after confirmation from two separate hand writing experts ..... DO NOT ASSUME THAT THIS SCARY FATE CAN NEVER HAPPEN TO US .... -- The couple used as an example in the New Yorker article below, was in their mid-70’s; reasonably healthy, mobile and alert; happily retired in their house with a golf course view at a SUN CITY retirement community in Las Vegas..... THERE WAS NO WARNING: After their daughter finally found out where her parents were living after being forcibly removed from their (quickly-sold) home -- given mere minutes to pack personal belongings -- she was told that any move to take her parents out of that system would result in conviction and jail term for kidnapping; when she tried to visit parent’s new quarters to see how they were, she was blocked by a police officer saying she would be arrested for trespassing if she ever returned. (The new quarters had no phone). https://www.newyorker.com/magazine/2017/10/09/how-the-elderly-lose-their-rights WHY ARE WE NOT HEARING MORE ABOUT THIS SHOCKING OUTRAGE .....? According to Angela Woodhull’s educational presentation above: Guardianship Reform Advocates have been slandered and shunned, called “crazy”..... and risked their lives; some were compelled to leave the US and live in other countries because of exposing horrendous corruption .... (Corrupted, multi-billion-dollar industries are not going gentle into that good night.) -- Media is fairly silent because a standard procedure in this situation is to frighten families into signing a gag order to ostensibly ensure having any hope at all of ever making personal contact with their abducted member ..... If families can afford an attorney, that person will immediately advise them not to talk to the press. -- Families have no legal standing under current guardianship statutes: Disreputable guardians can legally block all relatives from ever learning about any illnesses, surgeries, or even the victim’s ultimate death and place of burial .... all the while, they are draining that victim’s finances with the help of corrupt attorneys; greedy guardians force wards to live in stringent quarters, and control with over medication. -- When the money runs out, surviving guardian wards are dumped back on families, who, having exhausted much of their own resources in Court trying in vain to fight this unbelievable situation, must now take care of their aging members without the hard-earned assets once intended for this purpose. -- Guardian ward information is kept hidden: Most jurisdictions in our country are required to officially seal all guardian ward records; this effectively covers up such fraud or elder abuse. HOW CAN WE HELP MAKE THIS POTENTIAL NIGHTMARE GO AWAY .....? Without immediate guardian statute reform, this huge, incredibly corrupt industry now so successfully targeting seniors’ hard earned assets, may continue unimpeded as baby boomers age and become ever more vulnerable to elder abuse .... It has been suggested, that all seniors and their families start pounding relentlessly on elected representatives and DEMAND guardianship statute reform NOW. In California, contact elected representatives and DEMAND stronger guardian / conservatorship oversight and accountability; tell them to reform inadequate statutes and Probate Code NOW to support all conservatee fundamental civil rights to due process as stated in our California Constitution. https://aaapg.net/white-paper-on-conservatorship-in-california-by-linda-kinkaid/ Tell these public servants, that we intend to use our votes to replace them ASAP if they don’t begin supporting our best interests in this life-altering matter. Subscribe to grassroots web site for effecting change: https://aaapg.net/aaapg-developments/ Encouraging Developments .... March, 2019 "Speaking on behalf of the Board of the non-profit Americans Against Abusive Probate Guardianship (AAAPG), president and founder Dr. Sam Sugar applauded the US Justice Department’s largest-ever nationwide elder fraud sweep that was announced last week by US Attorney General William Barr at a press conference in the nation’s capital." "According to Sugar, elder fraud in its many forms and varieties represents a potential threat to the well-being of every senior citizen in our country. It is also a danger to the very fundamental American belief of trusting that other Americans have only good intentions for their fellow Americans." https://aaapg.net/media-advisory-aaapg-applauds-us-justice-depts-elder-fraud-sweep/ |
