I believe that the Massachusetts Guardianship Petition sets a dangerous precedent. You know how lawyers love to twist words and redefine their meanings when they write laws for themselves. The problems are their redefinitions:
Incompetent = any one disabled or having an illness; Mentally ill = anything they can pay a shrink to list as a diagnosis - usually some version of institution-intolerant behavior, such as normal anger, smiling, crying, or other emotional display. For that offense, they are drugged and miserable, isolated, and die.
Here's the other major problem: WE ARE DESPERATE TO KEEP OUR AUTONOMY as human beings. As far as the judiciary is concerned, the devil we know is better than the devil we don't know! We know family members, and even better, our chosen friends - or at least they know us. Even if they spend too much of an elderly person's money, if that person is happy, so what? If my mother's money had run out, I would have sold my house to take care of her, not expecting any reward in return. I never had that chance.
However, if that petition goes through everywhere, people could not beat a greedy lawyer as court-appointed guardian, but would be reluctant to file many court documents proving that they were honest and carrying out the Ward's best interest.
Many do not need a shrink. You may chose a doctor very carefully and he/she would have answered to you, not to the court. The doctor may use holistic remedies, where possible. You will be hard pressed to dins that kind of doctor here, especially one that is acceptable to the court! No toxic synthetic drugs, no nursing home, no shrinks - just happiness and peace, visits from animal friends, doing what they like, having visitors they love, and delicious home-cooked meals. The guardian's doctors may prohibit you from knowing the records, the toxic drugs they use may kill the Ward - they are the puppet of the guardian/executor team - they have their orders!
Strangers don't care, but they are paid plenty. The MA petition is a preparation for guardianship - first requiring that you fill out the assets - yours and the wards. That money is now the goal of the guardian/executor! Unnecessary expense and legal hassle is an impediment to most people who would otherwise be glad to protect you in the lifestyle to which you are accustomed.
If the lawyers or the court never intervened at all, you could settle a problem as a family at little cost. We should instead, be making laws to strengthen autonomy of the person to make their own decisions - and enforce that! You can always have an over-sight by asking a periodic visit of some official.
CAVEAT: Do not allow the lawyers or the courts, to make laws that force a family member or friend to jump through legal hoops in court - friends who were kind enough to allow themselves to be named as potential guardian because they know and care about you, will be discouraged, if they are forced into a red tape quagmire. Making life difficult and expensive for friends and family is a goal of the judiciary, who can see profits and favors with court-appointed stranger (public) guardians. There are very few activists in the world. Most people do not want to be bothered if laws are written to make the task of caring for a friend/family member too difficult.
KISS - 'Keep it Simple Stupid'- and families can usually work it out for themselves. Make it real hard, and we will be left with miserable, incarcerated, lonely, poor, then dead, wards - our former loved ones or even ourselves.
Incompetent = any one disabled or having an illness; Mentally ill = anything they can pay a shrink to list as a diagnosis - usually some version of institution-intolerant behavior, such as normal anger, smiling, crying, or other emotional display. For that offense, they are drugged and miserable, isolated, and die.
Here's the other major problem: WE ARE DESPERATE TO KEEP OUR AUTONOMY as human beings. As far as the judiciary is concerned, the devil we know is better than the devil we don't know! We know family members, and even better, our chosen friends - or at least they know us. Even if they spend too much of an elderly person's money, if that person is happy, so what? If my mother's money had run out, I would have sold my house to take care of her, not expecting any reward in return. I never had that chance.
However, if that petition goes through everywhere, people could not beat a greedy lawyer as court-appointed guardian, but would be reluctant to file many court documents proving that they were honest and carrying out the Ward's best interest.
Many do not need a shrink. You may chose a doctor very carefully and he/she would have answered to you, not to the court. The doctor may use holistic remedies, where possible. You will be hard pressed to dins that kind of doctor here, especially one that is acceptable to the court! No toxic synthetic drugs, no nursing home, no shrinks - just happiness and peace, visits from animal friends, doing what they like, having visitors they love, and delicious home-cooked meals. The guardian's doctors may prohibit you from knowing the records, the toxic drugs they use may kill the Ward - they are the puppet of the guardian/executor team - they have their orders!
Strangers don't care, but they are paid plenty. The MA petition is a preparation for guardianship - first requiring that you fill out the assets - yours and the wards. That money is now the goal of the guardian/executor! Unnecessary expense and legal hassle is an impediment to most people who would otherwise be glad to protect you in the lifestyle to which you are accustomed.
If the lawyers or the court never intervened at all, you could settle a problem as a family at little cost. We should instead, be making laws to strengthen autonomy of the person to make their own decisions - and enforce that! You can always have an over-sight by asking a periodic visit of some official.
CAVEAT: Do not allow the lawyers or the courts, to make laws that force a family member or friend to jump through legal hoops in court - friends who were kind enough to allow themselves to be named as potential guardian because they know and care about you, will be discouraged, if they are forced into a red tape quagmire. Making life difficult and expensive for friends and family is a goal of the judiciary, who can see profits and favors with court-appointed stranger (public) guardians. There are very few activists in the world. Most people do not want to be bothered if laws are written to make the task of caring for a friend/family member too difficult.
KISS - 'Keep it Simple Stupid'- and families can usually work it out for themselves. Make it real hard, and we will be left with miserable, incarcerated, lonely, poor, then dead, wards - our former loved ones or even ourselves.
Written by a NASGA member
The Massachusetts Guardianship Petition sounds like "open season" has no end.
ReplyDeleteExcellent summary of what will be trickling down to the other 49 states and what is waiting for us, all of this by design.
This is the kind of life and death information that should be #1 in the news.
In my opinion, the only way to have a chance at salvation, to save our parents generation and our generation from becoming wards, victims of a system/racket based on greed is to start from square 1.
We cannot continue as it is. We desperately need uniform federal guardianship laws and oversight, period.
Indeed this NASGA's member's summary and personal thoughts are right on the money in every aspect.
ReplyDeleteThank you for the great commentary!
An old-timer lawyer I met in court long ago told me this: "You will never see reform from within."
ReplyDeleteThat is apparently quite true, and is the reason why working together in NASGA for reform of the very sick system is critical.
"Strangers don't care but are paid plenty" sums up the guardianship system as it is today.
ReplyDeleteI am glad there are people who do care enough to speak out to warn and help others, like the NASGA member who wrote this.
Thank you for a good explanation of the MA Guardianship Petition.
ReplyDeleteI agree with everything you said.
Especially now, that almost all of our jobs in the USA went to other countries, via NAFTA and then the outsourcing of service jobs, Guardianships are the new GNP - Gross National Product.
ReplyDeleteLori and her "old timer lawyer" are correct:
ReplyDelete"You will never see reform from within."
So, sometimes we have to think outside the box, and while trying to change Laws, or keep unfair Bills from being passed, new avenues to force change should also be used.
Right now, there are many grassroots organizations forming, and some Political Parties are incorporating into their platforms the concept of protecting individual liberty, protecting private property and non intervention by Government in the private lives of law abiding citizens.
I've never seen a time when so many people have been moved to join in the political process, because the electorate is starting to realize how many of their rights have been stripped from them.
To belong to an organization of any kind, and expect to reach an ultimate goal(it's Mission), there has to be cohesion and there should not be any infighting for any personal reasons. All must be committed to reaching that goal, and all should put aside their personal opportunism.