Thursday, February 18, 2010


What does the word "Guardian" make you think of?

A protector? A defender? Someone who watches over the vulnerable? An angel?

How about "Conservator"?
Someone who is going to conserve and protect your money for you? Pay your bills and tend to your financial needs? Perhaps even make your savings grow?

"Fiduciary"? The legal definition: A fiduciary is expected to be extremely loyal to the person to whom they owe the duty (the "principal"): they must not put their personal interest before the duty, and must not profit from their position as a fiduciary, unless the principal consents. The fiduciary relationship is highlighted by good faith, loyalty and trust, and the word itself originally comes from the Latin "fides," meaning "face", "fiducia"

That automatically means a fiduciary can be trusted; right?

The "Ward"?
Nameless, faceless, unthinking, unfeeling - the Ward is treated as a nonperson.

"The children of the Ward"?
The judge calls you a "child of the Ward." If you're six or 60, you're still a "child." The rest of the participants in the case have adult titles, and get respect. You're not only called a child; you're treated as one, too!



Anonymous said...

The terms; Guardian, Conservator and Fiduciary may make us think of protection but, in a guardianship case that is certainly not the reality!
The Ward's photo would be more appropriate with his mouth wrapped shut also, since they have NO VOICE!!

Max said...

We don't really think about these things, but what you're saying is absolutely true!

Thank you NASGA.

annie mckenna said...

I am so saddened by what happens in guardianships and conservatorships. Thank for your simplfied definitions.

Thelma said...

Thank you, NASGA, for everything you do.

Anonymous said...

This may have been the case when "guardianship" or "conservatorship" was born, when it had real meaning.

Now, decades later, this system has been used, abused and twisted where these words are smokescreens intended to FOOL the reader to feel warm and cozy and worse, trusting that the system can be trusted.

Guardianship works in the best interest of: THE GUARDIAN

Conservatorship works in the best interest of: THE CONSERVATOR

and, their lawyers. Always follow the $$$ sign to see who truly benefits and profits.

StandUp said...

I think it's good for people to stop and look at this posting and realize how often we are manipulated by words.

It reminds me of drugs - big pharma has taught us to say "medication." And that sounds better, doesn't it, than drugs.

Nursing homes aren't home. They've taught us to say "homes." No, they're facilities, not homes.

How many more? And can we teach ourselves not to fall into this trap?

timlahrman said...

a "legal fiction" is ---- an assumed truth absent proof where ever a falsehood is true.

look around --- there are a lot of "legal fictions" being tossed around our law and society ....

timlahrman said...

two things ---

one, and I posted this the other day ---- in historical law "Probate Courts" are "creditor courts" .... ipso facto the court is not protecting the ward ... but rather the ward's creditors. [explains why these courts are so ready to spend the wards's money on whatever ... it is their job to spend the ward's money and see that the creditors are paid]

second thing --- legally and technically governemtn only has two doctrines of legal authority under which it functions --- A). Police powers; and, B). Parens patraie powers.... do a google search on parens patraie and you will find that under this legal doctrine "every citizen is a child of the king" ......

Guardianship, involuntary psych commitment, child welfare/juvenile justice and family interventions are all an exercise of the state's parens patraie powers --- it takes a village you know ...

oh, and one last thing --- in the early 1900's the professional title given to a psychiatrist/mental health professional was ---- "Alienist"

Anonymous said...

I have lived through this guardianship nightmare. Believe me, they don't care about the ward. My Beloved hasn't been allowed out of the "facility" since he was taken to court. He has some short term memory loss, but he can walk just fine! They keep him drugged up so he is very passive.
I can only believe that one day God will repay these wicked people!

Anonymous said...

I also just read the book: "Marked for Destruction" by John Caravella, retired police officer.

This book is excellent!and a must read.

Drugging is part of the process, the plan to poison the victim into weakened condition, incapacity and worse.

Psychotropic drugs are preferred method and worse the victim, the ward might not know that the meds just might be in their food at the nursing institution and then the ward is evaluated getting the exact result they need to ensure the guardianship proceeds for purposes of financial profit.

One of many ways to fool the court?

Fooling the court + motive, intent = fraud = criminal activity.

Now, when will the feds load up their trucks and start seizing guardianship / conservatorship case files for surprise audit and review and check out the fortune's in the hands of the guardians with NO OVERSIGHT?

Where is the IRS?

Thanks to NASGA for their dedication to continue exposing the truth the DARK SIDE of guardianships.