Thursday, April 3, 2008

The Dirty Little Secret

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, all with the blessing of the court.

Instead of conserving the ward's assets, guardians and conservators line their own pockets with the ward's hard earned dollars under the guise of "protection."

A well-intended law's loopholes have been discovered, and are being taken advantage of, profiting the guardian instead of protecting the ward. And, it's not just private guardians that profit. Public Guardians can charge exorbitant fees, and far too often abuse their power as well.

Professional guardians and lawyers are becoming wealthy by abusing guardianship/ conservatorship laws. Far too often, the ward whom the laws were intended to protect loses everything he or she worked a lifetime to earn. Sadly, guardianship/ conservatorship has become a money making racket, all with the blessings of our justice system!

The courts do little, or nothing to discourage this behavior. In fact, it is perfectly legal. The courts are an integral part of the problem. The very place where we seek justice turns a deaf ear to the pleas of it's victims, enabling initially well-intentioned laws to become a travesty.

The "good ol' boys club" of the Probate Courts protect its members from interference with "business as usual." Too many times corruption has been uncovered, then dismissed, with no reprimand or a mere slap on the hand.

This dirty little secret of the Probate Courts is slowly being exposed, with the help of the National Association to STOP Guardian Abuse.

Think guardianship abuse could never affect you, or your loved ones? It can happen to anyone! Help warn our legislators that we will no longer stand for this exploitation of the vulnerable. Reform of this system is desperately needed.

Written by a NASGA member

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