Sunday, May 10, 2009

The Plight of Guardianship Abuse

Norman Baker is an American hero who has been detained against his will for more than three years.

His "crime": owning too much property. 

His sentence: a court-appointed guardianship on the brink of costing him everything he spent his life building.
His rights: virtually none, significantly less in many ways than an actual law-breaking criminal. 

His future if this had continued: long-term de facto imprisonment, followed by abject poverty, if he has anything left at all.
Unwanted Guardianship
How an unwanted guardianship cost a firefighter his freedom and his fortune

The plight of Guardianship Abuse is highlighted in this interview with Norman Baker, a retired fire-fighter who saw his assets put in the hands of a court-appointed guardian and was forcibly sent to a retirement home.
Interview With Norman
Interview with Norman Baker by his attorney

The Fairfield County Probate Court terminated the guardianship, restoring Mr. Baker to competency and allowing him to regain his freedom and independence after nearly four years. Mr Baker had unsuccessfully challenged the validity of the guardianship in both the Fairfield County Probate Court and then in the Ohio Fifth District Court of Appeals. He had also filed with the Ohio Supreme Court an accusation that the Probate Judge assigned to his case was biased against him. That challenge was summarily dismissed by Chief Justice Thomas Moyer.
Baker Guardianship Ends

May 2009 ~ Guardianship abuse victims recognized during Elder Abuse Prevention Month

11 comments:

Anonymous said...

Mr. Baker was very fortunate that he was able to convince the probate court itself to free him.

Many people have to go through generally useless levels of appeal trying to escape guardianship, if they have family trying to help.

Anonymous said...

I am glad Norman Baker was able to free himself; however, this case shows that victims don't have a chance of recovering their estates which were stolen from them in the process.

Anonymous said...

Norman Baker did the impossible. He is extremely fortunate to have come out of this guardianship alive but all is not well, the theft, his financial losses are a major issue.

In a wrongful guardianship it is imperative that the plaintiff, the ward, in this case the former ward, is able to quickly recover all of his finanical losses with absolutely no further cost to the victim.

This guardianship racket clearly is theft with court approval.

This story should be on the front page of every newspaper in this nation.

Has AARP published this story as an example of what is going on?

Anonymous said...

I think this article is so well written - it describes the devestation of guardianship to a T.

Anonymous said...

That's right, Anonymous 2. Those victims who are lucky enough to gain back their rights are still penniless.

I blame that on the court. The court knows the guardianship was unlawful or even abusive, but doesn't want to step on the toes of their buddies.

Anonymous said...

Everything Norman Baker tried to get justice was dismissed, dismissed, dismissed. It's like taking on an army -- they all stick together.

Anonymous said...

Some state laws allow the dissolution of guardianship after funds fall below 10,000. No point in guardianship once the money is gone.

we the people said...

This is organized crime with court approval. This type of criminal acctivity needs to be pursued by the authorities. By some miracle, IF a high profile large law firm (or group of lawyers) would see the benefits IF only they would seriously consider taking this issue through the civil arena attracting media attention, the loop of probate players and hopefully winning a judgment, that would send a clear message and open the door to instilling what is needed to get control. FEAR of being held responsible for criminal activities with court approval would be a big step forward in stopping guardianshship abuse.

Anonymous said...

People turned into products, wards, to generate income for the loop of crooks in the probate racket.

This is all wrong, it is not how the system was intended to work in the best interest of the ward.

This racket with court approval of corrupt judges on the take, is being manipulated, taken advantage of, used for personal enrichment.

How mamy more victims are needed to show this guardianship racket is not working?

How many more victims are needed to show this racket needs to be seriously reformed or better yet, torn apart and start over learning from the mistakes?

For those who believe guardianship is working as intended decades ago, in the best interest of the ward, I ask you to come forward, to volunteer yourself, right here and now to become a ward of the state now or in the future.

Volunteers?

fedup said...

The photo in this article is perfect a bag of money for a head is all that's in their sights.

Guardianship victims + court approval = G R E E D

Anonymous said...

I was never able to free my mother. She could have lived with me and enjoyed the last years of her life. Instead, she was abused every day and suffered with several health problems because she was denied care. It's impossible to convince the average person that this kind of hell is inflicted upon vulnerable people for professional/personal profit.