Hospital Sponsored Guardianships: Another threat to the elderly, disabled and children

by Marti Oakley
2019 PPJ Gazette copyright ©
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In the event that your family member or friend is being targeted by the hospital you do have a few options that may be of help, according to various BAR Union members. Of course these things are usually only available if you received due notice of hearing of the intention of the hospital to take your family or friend, prisoner. Still, filing these motions could stall out what is sure to be a dangerous state of affairs for the individual targeted.”
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As if the guardianship scams that target the elderly, children, the disabled and those chronically ill, most especially when there is a sizable estate involved by legal predators and equally predatory professional guardians was not enough, the medical industry is now entering into the game. Hospitals, whose only function is to care for the sick, are now openly engaging in the capture and hostage taking of individuals whom they claim are incapacitated. Never mind that their actions most likely caused any actual incapacity. Or most often, what is nothing more than a fraudulent statement claimed by those involved that an incapacity exists, when in fact, no evidence can be provided or will be provided to substantiate the claim.

In any of the instances sighted above, simply asking for a second opinion, or disagreeing with the doctors on types of treatments, medications or other intended services, can trigger a hospital initiated guardianship. In the case of children, disagreeing with doctors about diagnosis, treatment or other measures can result in the medical kidnapping of the child by the hospital.

In virtually all of these medical kidnappings for profit, no due process is observed and no notice of hearing is served. The individual is now a virtual prisoner taken hostage by the hospital, the doctors and the attorney’s. The guardianship is granted before anyone can object and the newly reclassified medical prisoner only finds out about their new classification, after the fact. They can no longer speak for themselves, refuse damaging medications, vaccines, surgeries or other needless or harmful interventions all predicated upon the bottom line profits of the hospital. The medical kidnappings are not about protecting the life of the medical prisoner, but rather leveraging the situation so that the hospital continues to profit. Once the deadlines loom on Medicare and Medicaid, or other insurance, the hospital will move quickly to ensure that their bottom line stays in the black, even if it is detrimental to the life of the patient.

In almost every instance, the attorney for the hospital claims there was no one in the family willing or able to take, or care for the newly declared, incapacitated elderly or sick individual. But that same patient can be readmitted numerous times and bounced between nursing homes and the hospital in order to extract as much profit as possible from the medicare/medicaid programs.

When these medical kidnappings involve a child, that child is held captive in the hospital. Family is not allowed contact or visitation.

In those situations where family members are obviously present and more than willing to care for the individual, the system is set up to move so swiftly to capture the patient that little can be done to fend off the vultures. In these situations, the captured patient is involuntarily discharged to skilled nursing facilities many times in other states or to facilities hundreds of miles from the hospital and family; [a practice highly recommended by many hospital employed attorney’s/guardians]This is done to make visitation as difficult as possible. In many instances, using the same method of operation that guardians routinely use outside of the hospital setting, the family and friends will not be allowed to know the location of the patient.

In almost all these situations, the involuntary discharging is a result of Medicare payment schedules coming to an end. At this point, instead of being a medical ATM for the hospital and doctors, the patient becomes a liability the hospital has no intentions of accepting. So the patient who is now seen as nothing more than a line entry in the profit and loss statement, is involuntarily discharged to a nursing home until adequate time has passed to allow Medicare to be used again. At this point, the nursing home finds some medical issue that requires hospitalization and off the patient goes again back to the hospital. This can be done numerous times until benefits are exhausted or until the patients body succumbs to either, age, sickness or exhaustion, if not all three. Profits before people..always.

Removing the patient to far away facilities has no other purpose than to present an hoped for obstacle to the family and friends that might limit their ability to visit them. What becomes readily apparent in all of these hospital initiated guardianships is that the hospital now can withhold medical records which most likely would expose them to malpractice claims based on the use of chemical restraints, unnecessary medications and services, services never rendered, or abuse and neglect by hospital staff.

In the event that your family member or friend is being targeted by the hospital you do have a few options that may be of help, according to various BAR Union members. Of course these things are usually only available if you received due notice of hearing of the intention of the hospital to take your family or friend, prisoner. Still, filing these motions could stall out what is sure to be a dangerous state of affairs for the individual targeted.

[These are only suggestions and this is not intended as legal advice]

MOTION TO INTERVENE
https://www.law.cornell.edu/cfr/text/25/584.5
If a capable and devoted family member or friend is willing to serve as guardian and conservator for an adult incapacitated respondent, the proper procedural device for placing the family member (or friend) (now referred to as a”client” by the hospital attorney) properly before the probate tribunal as a party plaintiff with regard to a pre-existing hospital sponsored guardianship petitions, is A Motion to Intervene.

File a Competing Guardianship Petition
https://www.familylawselfhelpcenter.org/images/forms/guardianship/gship-objection-appointment-pdf.pdf
In addition to asking the tribunal hearing examiner to recognize you as a plaintiff in opposition to the involuntary hospital guardianship petition, you need to make proper substantive request of the tribunal. Specifically, the Motion to Intervene, along with the competing guardianship petition. Your petition should ask the tribunal hearing examiner to appoint you (family member or friend) as the respondents guardian and conservator as opposed to the involuntary capture of the individual by virtual strangers who have no real interest in the individual other than capturing the individual to leverage control and profits.

Notice of Appearance
http://www.ca2.uscourts.gov/clerk/case_filing/forms/notice_of_appearance_instructions.html
If insufficient time exists to file the above noted pleadings, you should promptly file a notice of appearance on your own behalf and that of the family member or friend. At that hearing you must request a brief continuance to allot sufficient time to place the individual before the tribunal.
While none of these motions will guarantee your right to due process, to a notice of hearing, or to intervene in any other way when going up against a hospital with an endless supply of funds to fight you, you do have the right to make your objections known.
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https://www.law.cornell.edu/cfr/text/25/584.5

https://www.familylawselfhelpcenter.org/images/forms/guardianship/gship-objection-appointment-pdf.pdf

http://www.ca2.uscourts.gov/clerk/case_filing/forms/notice_of_appearance_instructions.html

https://abductionofanastasia.com/

https://abcnews.go.com/Health/justina-pelletier-heading-home-16-month-medical-custody/story?id=24191396

https://articles.mercola.com/sites/articles/archive/2018/08/28/medical-kidnapping-by-mayo-clinic.aspx

https://thetruthaboutcancer.com/medical-kidnapping/

The Role of Child Protective Services in Medical Kidnapping

As an example:

Three days later Child Protective Services (CPS) shows up at your door. They say they need to take custody of your child. As they are leaving with your son, you are in total disbelief, crying and yelling at them as your 10-year-old is screaming your name for help, asking what is happening. Your child has been taken away from you. The state’s CPS has literally kidnapped him to force your son to do conventional chemotherapy against your will.

Full Article & Source:
Hospital Sponsored Guardianships: Another threat to the elderly, disabled and children