Wednesday, March 2, 2011

NASGA Member's Open Letter to Senator Bob Corker, Ranking Member of the Senate Special Committee on Aging

February 25, 2011

Senator Corker,

I hope and pray the hearing you are a part of on March 2, 2011 with Mickey Rooney regarding the exploitation, abuse and neglect of our seniors will help shine light that brings about much needed reform to the national epidemic of elderly abuse. Because so much of the abuse happens on a state level in the probate court system, I am unsure how to reform the system on a national level. I can speak from personal experience that the laws on the books here in Tennessee and in Georgia, if honored are adequate to address the issues you will hear about.

The problem I experienced is an abuse of discretion by the probate court and its judges without concern for oversight and accountability for their decisions. Under the pretense of discretion, probate judges are given wide latitude in their oversight of an elderly persons well-being and finances. This can and does result in documented instances of lack of due process, violations of rules of the court, and cronyism. In my case my family was denied communication and visitation with my father from 2007 until he died last month. My father never met his now 2 year old grandson or saw my then 3 year old daughter and 1 year old son again. Fear and intimidation was used to keep him away from us while an older sibling and a local attorney took all of his financial worth. My attempts to visit with him and to ask the courts in Georgia where he lived were met with what can only be described as an abuse of discretion, violation of court rules, lack of due process and more. I was actually arrested in my home in Brentwood and charged with contempt of court in Georgia because I failed to appear at a hearing in Georgia I was not notified about. At that same hearing fess were awarded against me for "harassing the conservator" of my father's estate. I am dealing with that here in Tennessee as I write this letter.

I would appreciate it if you would consider reviewing the GAO 10-1046 report on Guardianships before the March 2nd hearing.

Thank you for your time and for representing our State and our nation in this important matter. The quality of life of our seniors who dedicated their lives to our country and their families is in dire need of reform and oversight. The laws in place seem to be adequate, but without genuine oversight and accountability for those holding decision-making power affecting the lives of those no longer able to take care of themselves, it is becoming open season for predatory guardians and conservators, all too frequently and often with the blessing of the probate system.

Highest regards,

Mark S. Israel
Brentwood, TN 37027

Full Letter and Source:
NASGA - Soapbox

11 comments:

Thelma said...

They've held hearings for years and still done nothing to protect families from the fiduciaries and their feeding frenzies, permitted by the state courts.

Mary said...

Good letter.

Linda said...

I appreciate this person taking the time to write to Senator Corker. Most people talk about writing and few actually pick up the pen.

Diane said...

Very well written and very much appreciated!

Sue said...

BRAVO! Mark. I hope Senator Corker TN moves on this now.

Ben said...

Everyone should follow this example and write his/her senators.

StandUp said...

I hope and pray too, Mark. Thanks for speaking for all of us.

Sammie said...

I saw Mickey Rooney's testimony this afternoon and think he was so brave.

Brian said...

Why didn't this hearing today include guardianship?

Anonymous said...

To Brian:

They will resist going into that previously well-protected area of offense for as long as possible. We have to keep the heat on!

Anonymous said...

Mr. Israel's letter to Sen. Corker should remain in the limelight as a testament to the dedicated concerns of guardian abuse victims - and of the lack of response from state and federal representatives, time after time.