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 was created to help and protect vulnerable elderly who have few resources and no loved ones to help them as they struggle with physical or mental decline.
PROBATE CODE CALIFORNIA
2920. If any person domiciled in the county requires a
guardian or conservator and there is no one else who is
qualified and willing to act and whose appointment as
guardian or conservator would be in the best interest of
the person: (a) The public guardian may apply for appointment
as guardian or conservator of the person, the estate, or the
person and estate.
(b) The public guardian shall apply for appointment as
guardian or conservator of the person, the estate, or the
person and estate, if the court so orders. The court may
make an order under this subdivision on motion of an
interested person or on the court's own motion in a pending
proceeding or in a proceeding commenced for that purpose.
The court shall not make an order under this subdivision
except after notice to the public guardian for the period
and in the manner provided in Chapter 3 (commencing with
Section 1460) of Part 1,consideration of the alternatives,
and a determination by the court that the appointment is
necessary. The notice and hearing under this subdivision
may be combined with the notice and hearing required for
appointment of a guardian or conservator...........
What the statutes describe is not what is happening in our country today. The Public Guardians look for wealthier men and women to "protect."
Judges and their favorite professional conservators and guardians, expert witnesses and court investigators have embedded agendas: Money, power and control!
In a continuing trend that seems to threaten America's successfully aging population, judges are imposing an increasing number of unwanted and unnecessary conservatorships and guardianships upon the allegedly "incompetent" men and women, to "manage" their property and personal affairs.
When an elderly person is brought into court and forced to prove his or her competence, we soon see that the system does not work!
It is similar to the Mob extorting "protection" money from small business owners in the `40s. What the business owners really needed was protection from the Mob!
Frankly, I have more respect for the Mob than our guardianship system of court-sanctioned corruption!
Written by a NASGA member