Guardianship - Conservatorship Abuse - Elder Financial Fraud Documentary Guardians Inc.

"Conservatorship is a legal concept in the United States. A guardian or a protector is appointed by a judge to manage the financial affairs and/or daily life of another due to physical or mental limitations, or old age. A person under conservatorship is a "conservatee," a term that can refer to an adult. A person under guardianship is a "ward," a term that can also refer to a minor child. Conservatorship may also apply to corporations and organizations. 

"The conservator may be only of the "estate" (financial affairs), but may be also of the "person," wherein the conservator takes charge of overseeing the daily activities, such as health care or living arrangements of the conservatee. A conservator of the person is more typically called a legal guardian." Wikipedia:  https://en.wikipedia.org/wiki/Conserv... 

Guardianship: "A guardianship for an incapacitated senior will typically arise where someone determines that a senior has become unable to care for their own person and/or property. In some cases, there may be a belief that the senior is being financially exploited or about to be exploited. In other cases, the person may be unable to care for him or herself and is not able to properly engage in the activities of daily living without assistance. There will typically be a precipitating incident that causes a professional, family member, health care worker or clergyman to initiate guardianship proceedings. 

 "In most states, the process will start with a determination whether the alleged incapacitated person is actually incapacitated. There will often be an evidentiary hearing. Only if a finding of incapacity is made will the next step take place: whether a guardian is necessary and to what extent (e.g. a guardian may be needed for the person's finances but not for the person) and, if so, who the guardian should be. 

The determination of whether a guardianship is necessary may consider a number of factors, including whether there is a lesser restrictive alternative, such as the use of an already existing power of attorney and health care proxy. In some cases, a guardianship dispute can become quite contentious, and can result in litigation between a parent and adult children or between different siblings against each other in what is essentially a pre-probate dispute over a parent's wealth. Stopping the guardianship is often pursued in such cases as well." 

Abuses 

 "A report published in 2010 by the U.S. Government Accountability Office looked at 20 selected closed cases in which guardians stole or otherwise improperly obtained assets from clients. In 6 of these 20 cases, the courts failed to adequately screen guardians ahead of time and appointed individuals with criminal convictions or significant financial problems, and in 12 of 20 cases, the courts failed to oversee guardians once they had been appointed. 

"In October 2017, The New Yorker published an article looking at the situation in Nevada in which professional guardians sometimes have a number of clients, and argued toward the conclusion that in a number of cases the courts did not properly oversee these arrangements. In 2018 the investigative documentary 'The Guardians' was published, alleging 'legal kidnapping of elderly people' in Nevada by private guardianship businesses with no familiar relations, seeking to economically profit from seniors' savings." Wikipedia: https://en.wikipedia.org/wiki/Legal_g... 

Resources: 

~ The Guardians documentary: http://www.guardiansdocumentary.com ~ Guardians Inc documentary: Netflix Dirty Money docuseries Season 2, Episode 5. https://www.netflix.com/title/80118100

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Guardianship - Conservatorship Abuse - Elder Financial Fraud Documentary Guardians Inc.