By Jaimee K Martello
World Elder Abuse Awareness Day was on June 15th. Father’s Day was June 16th. Many
are not aware of WEAAD. I only know it exists because of a book I
started co-writing with a friend. A legal guardian and conservator have
hijacked her father’s life and estate and she cannot get him out. To
date over half a million dollars have been billed to estate; he is
drugged to incapacitation so that he cannot defend himself in court. My
friend, his daughter, is terrified and panicked. Fighting with every
cell of her energy that has not been killed in the process against the
system.
It is consuming my thoughts and destroying my perspective on
reality. I had a sit-down with my parents to pass along what I learned
about elder abuse through this project. I had to warn them.
My friend, who I will call Lilly to protect her and her family, is
amidst a legal battle with her sibling and a cabal of lawyers over the
legal guardianship and conservatorship of her 74-year-old father, though
he can still make decisions. His decisions are neither recognized nor
respected by the family courts. As Americans, we complain about our
presidents being in their 70s or 80s, but our parents are pretty damn
young, smart, physical, and capable at 70.
Lilly explains her father’s life had been kidnapped. Sacrificed,
slowly, for the cash cow underbelly of the legal system. His bank
accounts have been drained. Property for sale. Her bank account is
near zero as she spends the only dollars left fighting for her dad
against his conservator and legal guardian. This week she received a
petition against her home. She co-owns a condo with her dad, and they
want it. By technicality, they have that legal right.
My jaw is dropped and I have a perpetual pit in my stomach. I fear
for her but I also tread with caution. Is this real? Lilly keeps
saying it feels like a movie, when I remember… I’ve seen this movie.
I Care a Lot, starring Rosamund Pike, dropped on Netflix in
2020. It is a horror movie veiled by black comedy. How many more
horrors could we take in 2020?
The IMDB logline is “A crooked legal guardian who drains the savings
of her elderly wards meets her match when a woman she tries to swindle
turns out to be more than she first appears.” It does not say “Based on
a True Story.”
Was my old friend, Lilly, feeding me a story? We don’t live in the
same state and haven’t seen each other in a while. Was she plugging a
controversy into ChatGPT and reading it back to me?
As a writer and content producer, I attempted to write a memoir
treatment to help her expose this life-altering story. We talk for
hours and hours each week. The transference of fear I have includes
the sit down with my parents and the countless speculation, anger, and
sadness my husband must endure.
In 2021, Esquire quoted J Blakeson, writer and director behind I Care a Lot.
“The idea first came when I heard news stories about these predatory
legal guardians who were exploiting this legal loophole and exploiting
the vulnerability in the system to take advantage of older people,
basically stripping them of their life and assets to fill their own
pockets.”
This is real, and yet, I had a hard time suspending my disbelief. I
ignorantly believed the world was just. Scratch the silver
screen. This is happening, and hiding, in plain sight.
Lilly told me about her struggle to find a lawyer to help
her. Criminal law would not touch her case. Everyone pointed to elder
law. She followed their advice and held confidential consultations with
three elder law attorneys, but no one took her case. Instead, one took
that information and colluded with her sibling to take action on her
father’s estate. The first lawyer nominated the second one to represent
her father’s temporary legal guardian and conservator until the third
was nominated to be his permanent conservator. By the book, any
court-appointed justice would deem this is as unethical. 100 percent a
violation of the lawyer-client code. But this crime is layered and
seems to be protected by the courts. But we must swear and solemnly
affirm that what we shall state shall be the truth, the whole truth, and
nothing but the—
They took the very truths and words against her. Framed Lilly as the
abuser and the reason her father should be under a legal
guardian. While having their cake and eating it too, they rarely know
the life inside of a jail cell, or a life removed of agency. God bless
we live to an old age, but god be damned if we get taken by this
scandal. That our lives can be stolen, frozen, and drugged. For
profit.
I went into research mode. I found several documentaries and news
stories attempting to blow the whistle. Mickey Rooney produced a
documentary on elder guardianship and exploitation in 2012 called Last Will and Embezzlement. Headlines
pick up the Wendy Williams conservatorship daily. The #FreeBritney
Campaign was a viral sensation. Mad in America has an informative
interview, “’A Playground for Predators’: Diane Dimond on The Abuses of Guardianship.” Dimond includes too many true stories on the topic, and lists many resources and knowledge to help blow the whistle.
In 2018, true crime director Billie Mintz released The Guardians, an
expose on a legal kidnapping business in Nevada. I had a visceral
reaction. The lawyers, the courts, the nursing staff, and the victims
spit lyrics verbatim of what Lilly had told me. I cold-called the
Mintz.
I’ve worked in non-scripted and editorial television since the early
aughts. I pitched my credits in hopes of verifying my ethical intent
for a call. He offered a time for the three of us to speak.
The film exposes a trillion-dollar business. An unjust common
practice that is duplicitously supported and enforced by so-called legal
practices. “Do not go to the courts,” he said on our call. “They are
in on it.” In the deep waters of directing The Guardians, Mintz
learned elder law, and the injustice and inhumane practice of legal
guardianship is a calculated effort by the court, the attorneys, and the
healthcare system. He said he entered this world as I did, with
reluctance and skepticism. He could not accept this corruption as
fact. There had to be a catch. A victim exposed why we cannot imagine
these injustices to reach far and wide. “I had to learn. There is no
universal moral code.” I’ve been playing those words on repeat daily. There is no universal moral code.
Lilly told Mintz her backstory. Her father was very successful and
owned many commercial and residential properties. Her mother passed not
long before and he was grieving the loss of a marriage lasting half a
decade. She and her sibling were estranged. She was appointed, by her
father, as power of attorney and health proxy if in the event it was
needed. Her sibling served her papers to remove her titles and take
control of her father’s assets.
Between her sibling and a ring of lawyers, blessed by the judge again
and again, her father’s financials were compromised and now out of his
control. The lawyers found doctors who would willingly sign false
statements that he was unable to take care of himself, and they made
untrue and harmful claims that Lilly was unable to care for him. One
attorney drugged him to incapacitation so that he was medically unfit to
attend the trial. A judgment can be made without a man in court.
“This is a business. You are a target.” Mintz went on. And I swallowed the harrowing truth. There is no universal moral code. He
broke down the viciousness of this organized crime and what he learned
first-hand while in production. What is happening to Lilly is
textbook. Play-by-play. WWE-style blow-by-blow. The lawyers love it
when you push back. It is a drug. If it were Vegas, the lawyers would
be the house. You can come to play, but the house always wins. Lilly
remembers a lawyer threatening her: “If you push back, we will ruin you
and drain your assets.”
One of the victims in the documentary The Guardians,
Julie Belshe, who lost her both of her parents, Rudy and Rennie North
to conservatorship, fought tooth and nail to get the District Attorney
and the Attorney General to listen, investigate and send their kidnapper April Parks to prison. She now continues the battle by leading the National Guardianship Liberty Movement. Belshe confirmed the cycle is a minefield of layering and lawyering. It is built for you to set off bombs one by one, and the lawyers or the judge step in to provide a solution, one that will then destroy every ounce of faith, every dollar of cash, and every square foot of real estate.
One in ten citizens over the age of 60 suffer elder abuse. We
aren’t expected to retire until 67. I am not advocating for presidents
being at this age, but if they can rule the country, why are our loved
ones at such a life-threatening risk? We work and work and work in the
land of the free and the home of the brave to wait for our social
security check and now must fear someone taking it from us? Your golden years ring different when someone else is on the receiving end of your hard-earned cash.
Belshe drew me a diagram and laundry listed the players. “Everyone
is in on it.” Lawyers, courts, social workers, hospice, doctors,
nurses, nursing homes, realtors, rehab centers, and attorney
generals. It goes on. They wrongfully trick you into legal
guardianship, identify vulnerabilities whether a rift in the family or
an elder that lives alone, and then attack. They manage a successful
transfer of power to their firm, legally, then reframe your
will, your property, your accounts, and your family’s character to their
narrative. They defame and defund you.
“And Lilly’s sibling is a f*cking idiot.” Belshe said. “He won’t get a dime. They
are playing him too.” They spend down. They bring in a suite of aids,
doctors, and physicians that the victim does not need, bill back the
hours, generate interest on your money, and liquidate your funds until
the elder is on Medicaid. They accelerate their death and cremate them.
There is no universal moral code. Just because I am good,
and I have empathy, does not mean others do. It is the removal of our
independence—one that this country prides itself on daily. That which
makes us human, more importantly. Yet, Lady Liberty looks down on us
and laughs.
I follow a lawyer/influencer on Instagram/TikTok. The firm claims to
“be different.” And I’m in too deep not to test the waters. I emailed
them asking for guidance on a case like this. In under two hours, I
received a form letter response. A form letter I’ve heard Lilly read to
me time and time again regarding her quest for help. After careful
consideration…. We regret to…. Seek assistance from a firm that
specializes in this type of practice.
The specialists are the enemy. And I am struggling to find the heroes in this scripted alternate reality.
There are professional criminals in our system who are provided a
funded playing field, and sworn into law. I wish we could tell the
whole truth, but this legal mafia is a well-oiled machine, which appears
to be veiled and protected by the state itself.
Lilly and I had a call with an acclaimed journalist. Her take
was that American citizens will rally for our elders because we are all destined
for their future. We are in the early stretches of the Silver Tsunami,
which is the highest percentage of elders our country has known. This
is the time to knock on the media’s doorstep. Someone in politics would
rally around this during an election year. (Yet another one in the
system capitalizing on this crime.)
Yet we’ve yet to find an investigator to help a family whose monies have been depleted.
We know there is an audience out there. We are all subject to
abuse. I ask you, rally with us. Share your common stories and make
noise. Suspend your disbelief and learn secondhand how our country is
endorsing terroristic acts against our twilight years.
The United States Senate Special Committee on Aging estimates
1.3 million adult guardianships in the United States and an estimated
$50 billion in assets under guardianship arrangements. Try to remember you are not alone.
You do not need someone to tell you no way, oh my god, I can’t believe it, who would do such a thing? Find a social support system of others who understand and know this is real. You need a network that says I know. This is what we are going to do.
Full Article & Source:
Elder Eyes Wide Shut