The elderly woman can barely speak yet she was heard in the state’s highest circles, or so I hoped.“I live in the real world,” Arizona Supreme Court Chief Justice Rebecca White Berch told me, in 2010.“I’ve read your columns. They cause concern and I just think that any system, it’s a good idea to take a look at all of your processes and make sure things are working the way they’re supposed to work.”
Marie Long’s story prompted both court and legislative reviews of Arizona’s probate court system. As a result, important changes were made, changes designed to ensure that the most vulnerable among us are protected rather than processed into the poorhouse.
But all of those vaunted reforms did nothing for Marie, who was left penniless by the system that was supposed to protect her.
Two courts have said that the probate commissioner overseeing Marie’s estate acted unethically and that the court-sanctioned siphoning of her bank account was “inexcusable”.
They just didn’t do anything about it.
Now Marie has one final chance for a fair hearing. The state Supreme Court has been asked to review what happened to the 90-year-old widow and decide whether she will get at least an opportunity to get a little of her money back.
“The idea that Marie is on welfare, doesn’t have the money to go out to lunch with her lady friends, or to get her teeth fixed, or to buy a new hat to wear to church, is just outrageous,” said attorney Candess Hunter, who along with Isabel Humphrey is volunteering her services to appeal Marie’s case.
Marie came under the “protection” of probate in 2005, after suffering a stroke and then a family dispute, over where and how she would live.
By 2009, her $1.3 million in assets were gone, much of it sucked up by attorneys and fiduciaries under the not-so-watchful eye of Commissioner Lindsay Ellis.
In March 2010, Ellis ruled that those attorneys and fiduciaries were justified in helping themselves to nearly $840,000 for three years’ work. Her 21-page ruling lambasted Marie's lawyers, people who for years had been working for free. Ellis wrote that their "venomous” attacks challenging the six-figure bills forced the fiduciaries and lawyers on the other side to defend themselves.
With Marie's money, naturally.
Two months after Ellis’ ruling, we learned that Ellis had had her judicial assistant send an advance copy of her decision to select attorneys – the ones who wound up with Marie’s money – and that one of the lawyers replied that she “could not be happier.”
I suppose not. Attorney Brenda Church’s law firms collected nearly $324,000 from Marie.
Such e-mails between a judge and one side in a contested case are called ex-parte communications and they’re supposed to be a big no-no. Turns out they’re more like a wink-wink-nod-nod.
Full Article and Source:
Will Arizona Supreme Court "Hear" Penniless Old Lady?
See Also:
Marie Long, One Step Away From Getting Her Wish
CBS: Guardianship Agency Cost Elderly Woman Dearly
16 comments:
Standing ovation and thunderous applause for Candace Hunter and Isabel Humphrey!!!
Praying for justice for Marie Long!
California conservatees are also left penniless by unscrupulous public guardians and court appointed conservators. In addition, many California conservatees are completely isolated. They are not allowed visitors, phone calls, or mail. By isolating the conservatee, the abusive guardian prevents the victim from reporting abuse or asking for help. Please ask your elected representtives to stop court-sanctioned abuse of our most vulnerable citizens.
How many Marie Long cases are there? How many more examples of elder exploitation with court approval do we need to get those in power to stop this insanity. Yes it's insane, it's criminal, it's unAmerican and they have their eyes on me, on you ~~ on all you own to go into their pockets.
Thank you for keeping us up to date. They are doing the same thing to our family member in Colorado. Once in the system the attorneys have hired 7 different law firms to "protect" him. They hired all sorts of friends and buddies.
Sadly after 2 years and 4-5 drivers tests they finally got his license.
A wonderful thrifty man that ate at the homeless shelter, free coffee at Mc Donalds, recycled his paper plates, never turned on the heat or air, and owned the first nickle he ever made. All this while not attending to his immediate medical which we suspect is a stroke.
We hear the judge cut off the attorneys and the conservator in Colorado Springs access to his funds after spending 300K for a conservator ship in less then 3 months on questionable attorney bills, then they allegedly had one of the attorneys that was being paid justify all their bills including his own and they were paid. (This has been going on for over a year so about ~700K has been spent)
In this case the conservator has 3 law firms she is paying out of his fund to representing her.
Very sad.
Thinking good thoughts for the ray of light being cast on the system by NASGA and other groups.
Anon what you write is criminal. And, that's the problem if it's in the court good luck getting anyone to investigate and they know it. Their time is up and a lesson to be learned to those of us who are potential food for the greedy probate racket - spend all you have and burn the rest.
That is the best way to be left alone, alone and free. If you have assets the hungry sob's are laying in wait for the fast food = YOU AND ME!
Its a broken record and same old scam. Its all about "inventing a need for legal fees" imagine a dentist gives children candy to rot their teeth so he can force the parents to use his services?
In every state you have unethical lawyers and judges backed by government and agencies who prosper from seniors, disabled or veterans who are forced into the system against their wishes. PVP's are notorious for getting clients they RARELY protect and instead suck them deeper into debt by billing them for their services they don't need.
Nursing homes and doctors are all rewarded for playing along because if they STOPPED THE WHEEL and told the truth the money would also stop. Thus ethics come into play and far too many judges and lawyers today uphold their oath and play fair.
Conservatorship and Guardianship are only tools that unethical lawyers and judges use to take away a persons control and steal their assets. You'll note when their assets are gone NONE of the judges, lawyers, doctors or nursing homes can be found nor do they care. Its ALL ABOUT PROFIT. While I don't have a problem with people making money I do have a problem with people MAKING people use their services without them wanting or needing it. This is blackmail and as with Marie Long her own money is used to isolate, control, abuse and rob her of her rights. CONservatorship and Guardianship allow strangers to remove the victims rights, protections and life.
This is all possible when you go to court and try and tell the judge that some crimes were committed and the conservator or guardian is NOT doing the right thing. What you find is a court that protects the criminal and helps stop YOU from making things right. Probate investigators are a joke, often untrained or uninterested in abuse or crimes and more about protecting the conservators and their actions EVEN if criminal. In my own case the probate investigator made up lies about my complaints and made excuses for crimes by the conservator.
The whole root of the problem is "WHOSE WRITING THE CHECKS" has the power. Matters not the money is not theirs, nor did they earn the money. Its all about who has control of the money. The victim "conserved person" often is forced into this legal head lock and then has no input or rights about what takes place. Not even how their money is spent. Oh yes the rules of a conservator say different but no one appears to follow or enforce any of the rules.
Again if the judges would do their jobs an act ethical and stop rewarding their "Lawyer friends" by looking the other way, pretending nothing is wrong and enforcing the law and constitutional rights of victims none of this would matter. But tell that to the victims that number in the hundreds of thousands.
Tell that to the nursing homes, doctors, PVP, probate investigators, lawyers and judges (who've been found to get kick backs from the lawyers) and anyone who wants the crime to continue because it means making money. Forget about ethics or morals, the people who commit these crimes have none.
Dear Standup, I can appreciate your words to (about) Candace Hunter, unfortunately she is one of the few probate attorneys out here who expresses outrage publicly about injustices being done in the AZ probate system and work with the crookedest fiduciaries at the same time. She does her part in bleeding estates dry. Trust me, she is no hero.
Good job NASGA for blogging this Marie Long update. And a kudos to Laurie Roberts too for such a well written article and for not being afraid to tell it like it is. I continue praying for Marie to get the justice she deserves.
I hope Marie Long knows how many people are behind her and support her. She may have lost all her estate; but she's gained friends.
Marie should get the justice she deserves. The probate courts are simply Exploting the Elderly and Disabled and calling it Protection... A Desception of Protection.
I sure hope that Marie gets protection from the probate racket !
This is so sad!! Oregon is another state famous for destroying the lives of our elderly and or otherwise vulnerable citizens. If people can read this and not be bothered by the blatant abuse this poor woman has suffered perhaps they have no heart or conscience. Candace Hunter and Isabel Humphrey
will not make a fortune on representing this brave woman, however, we wont forget their names...thank you both for stepping up to the plate and doing the right thing. We wont forget you. It is impossible to find an attorney in Oregon that will represent the victims of this abuse...I still ask myself constantly "how can the evildoer live with themselves as they do this to people, especially vulnerable people?", the only answer that makes sense is because they are sick individuals with no conscience. Look up Robert Hare's psychopathy scale and you will see the evil ones that preyed on Marie Long in the criteria for assessing psychopaths....they are right there!
This case was filthy through and through. The more I read, the wider my eyes opened.
what a scam and those who raped marie long walk away with their bags of money i guarantee you they are laughing as they count their piles of money easy money no haggling with clients no siree just bill double bill triple bill spread the billing to all your pals who is looking no one move 'em in move 'em out next case marie must be so down and out all her life savings her sacrifices to save for her future and look what our great country did for marie long we handed her and all she owns to the protection racket ***** what a disgrace i know how my mother would be feeling right now and i know what it took for her and my dad for them to save save and save denying themselves luxuries watching sales and every penny for what so strangers could seize all they own and spend all their money leaving them flat broke over my dead body thank you nasga for giving us the real news
One of the things that can be done is putting up the names and exposing the people. There will be more that follow in their footsteps, but if anyone ever does any kind of background check, then the names will come up and the sorted histories.
Thank you Sylvia and Laticia for all you hard work and not stopping. May the angels carry you for speaking and caring for those that no longer have a voice.
"How many Marie Long cases are there?" a commenter asked.
Here's one
My physically healthy, 76 yr. old mother, Rita Denmark was domiciled and resided in Pennsylvania with Advance Directives in place when she took a trip to Florida. It has been 5 yrs now and she has never returned. WHY??? Because she fell prey to Officer's of the Volusia County Florida Court including a Professional Guardian, Jetta L. Getty owner of Young at Heart Elderly Services in Port Orange FL.
Mother's approx. $470,000.00 estate was converted into legal fees, guardian fees, rent and drug charges among other plunder in less than 5 years. Based on documents Getty filed in Volusia County Court, it appears our mother is now supported by the the Florida tax payers regardless of the documented FACTS that mother was a PA domicile, she had a beautiful home to live in PA and she wanted to return home.
Florida tax payers should be outraged demanding accountability!
Not one of the Officers of that FL Court involved in this case and being paid from mother's estate, every told the Court mother was just visiting! Couldn't make that kind of money telling the whole truth could they??
Currently Jetta Getty has our mother in an undisclosed location refusing to tell us where she is.
Any questions, contact me at: hlpeffer@yahoo.com
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