Guardians will find any crack in the crevice to get into our lives and our loved one's pocketbook; but oftentimes, we've unwittingly opened the door and invited them in ourselves, following a family feud. This is the phrase the guardians like to use - or "family squabble."It could start because one family member feels slighted - discovering another will inherit more of the eventual estate. Theft by a family member is often actually involved. Or maybe one sibling is taking care of Mom and the others think that he/she is taking advantage of her or not treating her properly. Maybe the siblings have never gotten along. Worse, maybe one sibling is actually abusing Mom and she's in danger. Sometimes families call an APS-type agency to complain about each other. The problem escalates very quickly and often ends up in court, where the siblings expect the disagreement will be settled -- by a judge who will hear all sides. Each side may believe they're clearly right and the others are wrong.
The day you take the matter to court is the day you lose your loved one! Almost without exception, the judge will appoint a third-party guardian - regardless of whether advance directives (durable power of attorney, health proxy, wills, trusts, etc.) are in place or not.
Source:
StopGuardianAbuse.org
9 comments:
Churning! That's what it's all about - making work for making money!
Their conclusory allegations against the family are not backed up by evidence and a bad judge will not convene a hearing to determine the truth of the matter.
Churning is right. And the atty discipline committees won't do a thing about it.
THE PERPETUAL PROBATE CONVEYOR BELT: Churning people into products to feed the greed of the protection industry via the probate court system under color of law. BEWARE!
What judges do unfairly is lump the family into one big "problem" instead of getting in the middle of an argument and solving it --- for the benefit of the AIP.
Some families fight for good reason, too. For a judge to just close his/her ears because there's a dispute, is wrong.
Very well said, NASGA. I hope people are listening.
You did it again, NASGA, with this short and sour depiction of stereotypical guardian abuse! One thing we know by now is that family members must do everything possible to stay out of the courts. If we can spread even that one message. . .
IF this happens to you and a loved one you will most likely learn a new Latin Phrase called "Ex Parte". Ex parte /ˌɛks ˈpɑrtiː/ is a Latin legal term meaning "from (by or for) one party". An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present. In Australian, Canadian, U.K., South African, Indian and U.S. legal doctrines, ex parte means a legal proceeding brought by one person in the absence of and without representation or notification of other parties. It is also used more loosely to refer to improper unilateral contacts with a court, arbitrator or represented party without notice to the other party or counsel for that party. The decision will be and can be decided right in front of you and you won't even be allowed to speak! The hearing is totally one sided and on the side of the guardian and the point is stealing the estate of the elder or disabled person. Tip: Have a Party, spend your money or give it away, transfer assets before it's too late , don't make your last party be an "Ex Parte".
Pray tell, 'Anonymous', how it happens that legal practitioners know about Ex-Parte meetings to rake the assests of vulnerable individuals, yet they fail to report the judges and attorneys who engage in the practice to their respective discipline commisions for professional misconduct? Is this not illegal as well as unprofessional?
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