Friday, September 27, 2013
I-Team: Court Disregards Preneed Plan, Appoints Professional Guardian
We've learned that even when a person has legal protections in place to avoid being assigned a professional guardian, the court can disregard signed and notarized legal documents and appoint a guardian anyway.
This latest case involves 90-year-old Paulette Karpa, whose family and friends have been fighting against Florida's guardian system for years.
“She kept a beautiful house and she always dressed nicely. She took care of herself,” said neighbor Nancy Leewe, describing Paulette Karpa,
Karpa, Leewe’s former neighbor, was known for taking long walks, gardening and weekly card games.
But in 2009, Karpa's life changed.
After making a series of calls from her house to police about attempted burglaries...each turning out to be unfounded....the Florida Department of Children and Families was called.
Soon after, professional guardian Patricia Johnson asked the court to have Karpa declared incapacitated, even though Karpa had made prior arrangements for a family member to care for her.
In Florida, guardians can be given complete control over their wards' lives.
Source:
I-Team: Court disregards preneed plan, appoints professional guardian
See Also:
Elderly Pinellas Man Freed From Alzheimer's Unit After I-Team Looks at His Case
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20 comments:
I hope this series continues so that people can be alerted to the dangers that face them when they are tagged for guardianship.
Thank you, ABC!
Let's see...it was ABC7 in CA that did those great reports last year and now it's ABC I-Team in FL. Looks like ABC is stepping up to this issue in a big way. Thanks!
I have read posts by Mary Jones, this woman sounds like a nut, maybe she can go under guardianship, and do a report on how it went in two years! would be a great study!
Thank you ABC, keep it up,they will not like what the public will learn about them!
The judge totally disregarded Paulette Karpa's wishes This is disgraceful! Thank you Adam Walser and ABC Action News I-Team for bringing this abuse to the public.
The courts disregard any one who is not involved in their tight group. It does need to be investigated when they are not following the law and the elderly and their families are being hurt! The courts should not be taking care of the elderly just so they can take the elders estate! I truly hope this is investigated by the proper authority and if anyone is guilty, they pay the price for financial and physical abuse of the elderly.
Once again, the court rolls right over advance directives. The question is was the judge made aware of the pre-need plan before the guardianship was established?
It's all about the money--that's the only reason a professional guardian would petition a court even though advance health directives are in place. They want a license to steal. It's appalling, and the court goes along with it because everybody working there will get to deplete the elder's estate once they're declared incapacitated. It's a big financial pig fest and scam that devastates elders and their families.
Yet another great report. Thank you so much I-Team and Adam Walser.
I too noticed the guardians commenting at the article - and not making much sense!
It seems that Florida and the State of Texas are governing guardianships in the same manner. I wonder if Florida is going to begin administering guardianships of real live vulnerable people under an ESTATES CODE like Texas will be doing beginning January 1, 2014. Human beings are becoming property under guardianships, part of the estate as it seems. So this business is not about the well being and protection of the disabled and elderly any longer. It is a travesty of justice under the guise of protection. It is all a scam, but big money going into politcal campaigns from these for profit court protectors to continue legally abusing, neglecting and specifically legally exploiting a vulnerable person. Court Initiated Guardianships in Texas are increasing the growth industry of the guardianship business. Under Texas law a person,any person just has to have a reason to believe a person needs a guardian. That is it, a guardian ad litem is appointed for you, a court investigator is appointed and they have the authority to apply for a guardianship just with a reason to believe the person may need a guardianship. Alternative to guardianships, such has medical directives, Powers of Attorney' etc. can be terminated in a guardianship proceeding upon the application of a guardianship. Upon application an attorney ad litem is appointed for the person, so the person loses all their rights, freedom and liberties just because someone believe they were in need of guardianship. The money they spend on preparing the alternatives becomes a waste of money and time because they are being terminated in the probate courts. This is the future folks and we should all ban together to seek interventions from the federal government to stop the racketeering that we will all one day become victims of. I would suggest that ABC begin a investigative report and begin with following the money, this will no doubt disclose what guardianship has become. A guardian in Texas also has the authority to purchase life insurance, there is no limit of liability enforced so a disabled person without assets could be very valuable upon their death after being isolated, confined and medically neglected upon death.
So sad to see that this country has become about profiting off of our most vulnerable populations. Advocating on their behalf continues to result with no benefits to the person who becomes a piece of property. After all their rights are removed, their only purpose for living is for the financial profits of the court appointed protectors. Guardianships, the "Deception of Protection" and should be recognized as the crime of the century.
KUDOS to ABC!!! Please have your Chicago team report on what is happening on the 18th floor of the Daley Center.
Thank you!!
I also noticed the comments at ABC from the pro G Team - rude and insulting gives you a picture of what we the people are up against.
Great job ABC I Team!!! Thank you for taking the mysteries of guardianship into the shining light!
This entire issue is the biggest farce I have ever seen! There is no way out for the wards. The loved ones want to save them but learn that if they try, thier chances to visit, if any, will get trumped. Also, to seal the deal, a character assassination will take place so its a no win situation no matter what. My loved one was a target from the word go. I was the POA, and Health Care Surrogate. No one informed me whatsoever the process to request emergency guardianship was already taking place. DCF started this crime spree, then came the guardian, her hand picked lawyers, and of course, her good friend and probably golf partner, the probate jubge. The whole #!/*%# thing makes me as sick as hell! Of course l can't visit my loved one. Nor are my calls or
letters answered, and it gets worse than that. Now I'm scared for my life and certainly for my loved one's life. It is the saddest, most hopeless, tragedy.
I miss and Love her with bottomless grief
and scared to even write this. I want so much to reveal everything. I miss and love
I agree with the comments here. Team probate revealed themselves very clearly on the comments made at the article.
Our deep gratitude to Adam Walser and the I-Team.
My son fell victim to Pinelas County probate judge Jack Arnold and his rights and mine as his mother were trampled. All Americans, I thought were protected by the constitution and fee to have a voice without having to pay attorneys to speak for you to a judge who calls the shots, regardless of what the statutes, laws require. I actually never really believed that the freedoms we expect are available but I was hopeful. I want to join the fight to get Judge Jack Arnold off the bench.
I agree Joni. He was the same judge who ignored that I was POA, and health care surrogate. I also agree it's the crime of the century. As the puzzle pieces continue to fall in place, there is NO DOUBT my loved one was prey to these vultutes. The list of crimes includes: defamation of character, purjury, disregard of due process, kidnapping, grand larceny, elder abuse, malpractice of the law, torture, and let's not forget, negligent homicide! More to come...
I do find this post more than interesting as it does have an International Connection, with Family in France and Germany.
It reminds me of the reserve case where the ward or protected person was in Australia being Financially, Emotionally and eventually Physically Abused with the Family member was here in the USA.
No one is safe no matter where in the world you are from Guardian Abuse, are you...!!
This is not the first time she has been investigated.
2/20/04
http://www.businessobserverfl.com/print/Guardian-Angles/
and
4/30/04
http://www.businessobserverfl.com/section/detail/No-Crime-Here-Tampa-edition/
In guardianship cases, Wills and truth are objects to be kicked aside if they are in the way.
To Anonymous - re Wills and Trusts
Wills, trusts, and all advance directives can be disregarded by corrupt judges UNLESS you know your rights, and are watching what your lawyer does.
Judges are required to convene full-blown due-process hearings when there is a challenge to such a document, or conversely, a challenge to the guardianship if such a document exists.
But first, the issue must be raised - by your lawyer!
Your lawyer, if ethical, would request a hearing on the issue of A) whether there is a prior
document which would obviate the need for guardianship; B) whether the maker was competent at the time of execution; and C) that there is no need for guardianship.
The issue of competency can be proven by videotaping the execution of the document, and chatting with the maker about everyday things like politics, the weather, sports, etc.
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