Press Release
For Immediate Release
March 26, 2012
NASGA Releases its Fourth Open Letter to Congress and the White House
NASGA has addressed guardianship/conservatorship abuse by fiduciaries in three previous white papers to Congress and the White House; yet, when any legislator has come forward to champion the cause of guardianship reform and propose legislation, the focus of said reform continues to concentrate on family members as guardians and is limited to suggestions of grants for certification, training, background checks – none of which addresses the growing threat of professional for-profit and “not-for-profit” fiduciaries freely bleeding their victims into indigence and onto Medicaid, at the expense of the currently unsuspecting taxpayers.
In this, our fourth white paper, we continue to ask: How are thieves “trained” not to steal other than by enforcing existing law and sending them to jail?
The GAO’s 2010 report: “Guardianship: Cases of Financial Exploitation, Neglect and Abuse of Seniors” sounded a resounding alarm calling for Congress to step up and address the subject of court-sanctioned plunder of estates by court-appointed fiduciaries and professionals and compel them to MAKE GOOD THE FORGOTTEN PROMISE of 42 U.S.C. 3001 of The Public Health and Welfare Law: “(6) Retirement in health, honor, dignity - after years of contribution to the economy; ” and “(10) Freedom, independence, and the free exercise of individual initiative in planning and managing their own lives, full participation in the planning and operation of community-based services and programs provided for their benefit, and protection against abuse, neglect, and exploitation.”
See:
AnOpenLetterToCongress-4.info
26 comments:
Go NASGA!
I am so proud to be a member of this fine organization! I have met many new friends and am glad to be a part of such an important cause.
NASGA rocks!
No organization better expresses the emergency of the situation better than NASGA. With limited funds, NASGA founders have managed to attract a national audience that is unrivaled in reporting guardianship abuse and planning to end it. I urge all advocates for guardianship reform to set aside your differences of approach and merge your goals through NASGA to get this job done! Apart, we are singular (and often misinformed) voices crying in the wilderness or ‘preaching to the choir’; together, we can place our State's laws and aberrant cases in perspective and progress toward Federal and State reforms. Thank you, Elaine, Lori and Sylvia - once again.
Keep it coming siting case after case showing how the racket benefits the wrong party, the ward suffers, stripped of all rights, property, bank accounts, income to what end?
Think this can't happen to you? That's what the probate racketeers are betting on because it's easier for them to snatch you up when you think you are safe and protected.
Easy money, a parade of people billing for each ward = INSANITY.
Hey NASGA keep the heat on, hot on their heels bright lights shining into the dark side of the protection industry. Thank you.
No chance for change, until after the election. Sad but true, because they are not concerned with elder law, guardianships, or family issues violating the existing State elder abuse laws, while law enforcement relies on "who knows whom" eb
good idea open letter who knew what they knew when they knew it and what if anything anybody did about it! i have to ask myself how many people of adult age were declared a ward in 2011? how many wards in 2012? how much money did the guardians and those attached to the ward bill in terms of total amount? does anybod know? does anybody care? if this is what i have hanging over my head as i enter my retirement years all i can do is figure out how to escape
Hooray! Yes, exactly NASGA. Families do steal from each other, but the real thieves in the night are the court appointed guardians, conservators, their lawyers, and the GAL's.
4th Letter? Keep on our elected leaders. Leader is the key word here well it looks like we have elected politicians, not leaders.
The dedication to this cause by unpaid vulunteers has been noticed, it is impressive to see real time commitment to a worthy cause.
Keep up the good work NASGA!
Keep shining the light exposing the dirty secrets. These laws are written by GHOST WRITERS ah the ghosts are the ones whod profit and some aren't happy with honest billing oh no some are guilty of fraudulent billing -- how easy is that when no one is questionig.
Then we have the down and dirty fiduciaries who are stealing although I've read 'misappropriation of funds'.
But it's easier and acceptable to blame family as the bad guys but people are getting wise, informed and educted.
Looks like training isn't working and who by the way is making a profit by doing the training?
FOLLOW THE $ SIGN!!!
I love how simply it's put that you can't "train" thieves not to steal!
Well done, NASGA!
I am a NASGA member from way back and I have seen NASGA grow to take on an almost unbeatable foe, but not backing down nontheless. NASGA grows in strength and as it does, hope shines brighter.
The Harvey case and the Tate case are both good poster cases to show the absurdity of what the courts have become and how people suffer because of a broken system and those who take advantage of the helpless.
What is going on in these two cases is criminal and I hope in the end the criminals will be charged.
Heartache for man and wife for Gary Harvey isolated from his wife. If I didn't read this for myself, I would not have believed this happens in the United States of America. I am embarrassed as an American that Sara has lost all of her rights as a wife. I wonder if Gary would have served his country if he knew what was in his future if he knew how his wishes, his rights and his wife would be disregarded.
If the Harvey case isn't bad enough then we have the temporary conservatorship of Danny Tate. Anyone else asking: why a permanent conservatorship never happened?
The Tate case is an example of the permanent damage not only to Danny the singer and songwriter but what about his young children? How have they been affected by all of this turmoil and confusion. Their financial security was never a consideration by the conservator. What does that tell you? Who benefits? Danny? His children? I don't think so, the court approved billing will show who benefited.
God Bless all those who suffered, those who are suffering and to those who are fighting to give these people a voice.
NASGA is a great organization with a much needed purpose. The elderly and disabled are taken advantage of for profit and judges turn their heads as if it doesn't exist. I can't imagine how these people can sleep at nite after the many things I've read on NASGA's victims page. Thank goodness there's an organization fighting this corruption.
Thank God for you NASGA.
I've been following the Tate case and know that it was void from inception for lack of due process, but who cares? Not the judge or the brother or brother's lawyer - they got what they wanted!
From all the detail in the court record, we can figure out what the judge got, too!
It's not just about two cases .......
Everyone of the cases are tragic
Elaine seems to try to be civil to all others should mimic her when interacting with others who are victims.
We all agree Anon, every case is a tragedy and in many instances include fraudulent petition for guardianship whether emergency or not.
The rush to establish a case is key to the billing.
Most wards leave this earth as a ward.
Very few survive the ordeal to be free.
But all are impoverished with all of their assets in the pockets of the protection industry with opportunities to deceive the court, the taxing bodies including the IRS, Medicre and Medicaid.
Friend said...
No organization better expresses the emergency of the situation better than NASGA
Thank you so very much 'Friend'. Your kind words in your comment are very much welcome and appreciated.
Sylvia
All groups help to expose the problem. Let's put egos aside and unite each groups strength
I just finished reading the newest NASGA open letter and it hits the nail on the head.
Congress is not looking at the pros. Instead, they're spending their time on families who steal and pushing training and certification as if that would make any difference.
Who would benefit from training and certification? Who agenda is that?
I just finished reading the latest to congress and NASGA has hit the nail right on the head again.
Who's agenda is training and certification? How can people be trained not to steal? It doesn't add up.
Thank you NASGA for supporting my husband.
Take away the money and you will see the end of the preditors.
Great job, NASGA.
As our congressman begin to look seriously at the topic of guardianship abuse through the probate courts across the country--consider this fact:
OBRA Special Needs Pooled trusts, which are governed by Federal law, are being abused by court appointed guardians and their attorneys. See NASGA's Soapbox article on this topic (index on home page on the left)
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