Santa Barbara County has its share of conservator abuse. It's important that more people are aware of this issue, and volunteer to oversee the care of our elderly.
For example:
—In 2006, a judge granted a conservator the right to purchase shares in 40 percent of a Montecito estate at way below market value.
—A judge granted a conservator, and the conservator’s network, $150,000 from an elderly woman’s estate, thus rewarding what the conservatee’s caring friends and relatives considered unscrupulous actions—in particular, pressuring the conservatee to undertake unnecessary home improvements.
—Conservators often support the use of heavy-duty pharmaceutical drugs with serious side effects to sedate their wards.
—Conservators also may place their wards in rest homes that give little therapy, exercise, healthy food, or kind treatment. So it's no wonder the health of their wards is declining, and they end up dying prematurely.
There may be good conservators out there, but the problem is that power and money tend to corrupt people. That's just human nature. There has to be a better paradigm or concept to help our elderly in need.
To find out more about elder abuse by conservators, one can go to the National Association to Stop Guardian Abuse (NASGA) website at stopguardianabuse.org.
Full Editorial and Source:
Overseing the Overseers
14 comments:
I encourage everyone to read the full article. How true it is!! my mother is currently in the same situtation by Volusia County Florida. She went there to visit from Pennsylvania which is her residence and domicile state.
People better wake up and see what is going on in our country, this could happen to you! My mom remains criminally confined by the state of FL although she did nothing wrong... except visit Florida!
NASGA has asked Congress to intervene because the states are NOT protecting their citizens from the Bar Bandits!
Great job, Mr. Rosen!
Judges are supposed to be overseeing the care of the elderly - and the cases in their purview.
Very good editorial. It brings home a strong point that we have to protect our elderly from these court-appointed so called protectors.
This is a great explanation of the problem and I hope many people read and take heed.
We have to keep our elderly and disabled out of court if we are to protect them!
Yes indeed, there are some good conservators out there. Just too few. Unfortunately, greed takes over and all humanity is lost.
The main problem is the judge rubberstamping the conservator's every wish against the family and against the ward.
Hard to believe it's happening in our country, but it is. And no one is safe
good editorial and I hope it was read by the masses in CA.
I also read the original piece and the blog in the Santa Barbra newspaper ..... a court insider was very vocal ---- very nice to see...
It is a disgrace, that such things are happening in this country. The judiciary has too much power, and in most cases adjudicates in favor of the legal profession...No one, should have the rights to re-distribute an elder's assets.
If a person becomes incapable of handling her own assets, they should be closed (protected by law)to anyone making claim to, until a probate court has determined the succession of assets by a legal Will and Testament - Nothing, and no one else is entitled to an elders life savings.
There was an anonymous comment posted to the site of this Editorial and I think it's well worth passing along:
"Mr. Rosen's picture is in reality quite diluted. The truth is much, much worse, here in Santa Barbara and nationally.
I assisted a Probate case in the local court before the now (thankfully) deceased Judge McLafferty. The conservatee’s file was an absolute abomination of systemic corruption between the judge, lawyers, the useless appointed lawyers, the professional conservators, the medical professionals, ad nausea.
The blatant collusion was so obvious throughout the documented record that I brought proceedings to an abrupt halt.
Reviewing files of one of the conservators involved, in every case, the vulnerable elder was routinely rubber stamped "demented", warehoused in a facility in Ojai and dead within 12-13 months. Only one subject survived nearly 18 months being separated from loved ones. Restraining orders, supported by rumor and fabrication against friends and family members are the routine tactic.
Elders housed in so-called, "care" environments earn such facilities in excess of $197 BILLION dollars a year alone(2007 stats). The numbers of abuse/financial abuse violations discovered by (occasional token) state and federal audits in such facilities is staggering.
In the case I entered, the 76 year-old elder was deemed 'demented' by a licensed psychologist after undergoing a typical MMSE... while this person was confined with a broken neck, several other injuries, greiving the death of a spouse and bolted into a halo device. This test was unconscionably and unethically administered under these conditions including being under the effect of pain medication, clearly admitted in the psychologists report.
The rest of the 'act' to gain control over this persons financial resources utilized the lie and slander tactic against family, not one shred of which has ever been proved during the courts process.
The abuse claims recently PR'd by the professionals about family members or associates of the elderly robbing assets doesn't even rate a pencil point compared to the organized, quasi-legal pillage scored by the Probate system disguised as fees and expenses.
Most definitely Mr. Rosen, who is "Overseeing the Overseers"?
Certainly not the legal system, the temptation is too profitable, and certainly not the media which conveniently avoids hard investigation and turns a blind eye to such abuse.
Meanwhile, this legalized version of elder robbery cost the above described person well over one million dollars so far. The numbers overall are incalculable, easily exceeding trillions of dollars yearly, worldwide, according to the many contacts I've made.
"Bobby" hitting up his elderly wife for sixty grand to buy a "circus" pales by comparison. (Actual Ventura County case file) The pros got her under conservatorship and divvied up the remaining estate.
Who cares? You will when they come to plunder your hard earned inheritance, should you even make the golden years holding on to any substantial assets."
Good for NASGA for asking Congress to intervene. Will they listen? I hope so! But I have written to my congressmen and senators, even the Govenor and haven't heard a word from them. Does anyone care about this travesty?
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