I just watched this (4-18-21) and I have to say that from my own personal experience, from the vast number of G & C stories I read every day from across the US, this perspective by the BAR is deeply flawed and incorrect. First, they say the abuse and exploitation is a very small amount, and that most guardians and conservators are working well. But that opinion is not backed-up by evidence. To the best of my knowledge there is no real accounting of the proportion of offenses to number of people participating. Secondly, they have the typical flawed perspective of an attorney- that it suffices to make people take the time and spend the money to fight it out in courts, as if the elderly and vulnerable have the time, and as if they even have access to money to do that. This attitude far far beneath naive. Their "Real World" perspective is false. Michigan is an excessive hot spot for organized racketeering and human trafficking because the probate judges are willing and knowing participants. I know just how closely the movie "I Care A Lot" parallels reality because a very large amount of the movie is strikingly similar to the situation we are in with our case. I am very glad to see that the ABA supports Supported Decision Making. But if it is going to be like the Florida SB1010 and HB681 introduced in February 2021, then it won't work because it still lets the judge and guardian just decline it. -A while back I published a Supported Decision Making legislative proposal. You can see it at http://www.randyasplund.com/probate/SDM_LAW_PROPOSAL_2021.html It is becoming very popular with activists and the legislators who have seen it thus far. It gets a person out of the court, so out of the lion's jaws. SDM is THE WAY TO SAVE PEOPLE. Randy@RandyAsplund.com
NASGA, Posting this link to a video which is so very obviously misrepresenting the state of guardianship and conservatorship in the US, and claiming that the movie was so exaggerated and implausible was very irresponsible act which undermined our movement. There are far too many of us out there who have experienced the exact methods used in the movie to seize and control innocent victims for profit, and who know very well that attorneys serving as professional fiduciaries and the judges themselves are conducting exactly these crimes under the color of law. The only exaggeration is the Russian Mob element, which serves as a theatrical tool to condense the real-lie industrial scale exploitation under one single point for dramatic effect, rather than the true life situation where it is more of a professional norm supported by members of each State Bar. Come on people, you are supposed to be better than that. -Randy Asplund
In fact, if you want to do the responsible thing, you should help spearhead a demand that the ABA immediately remove this offensive and false narrative and RETRACT it.
In January 2021 I finished a proposal for Federal Legislation which would render the court almost entirely unable to use jurisdiction to place or keep people in guardianship/conservatorship against their will, and which provides vulnerable persons with the legal means to be more protected and have their needs better monitored and provided. The law would supersede state laws until a certain criteria was met which applied to the most severe cases, and only then does the role of the judge become to ratify the determination of an appropriate medical doctor/psychiatrist having done a specific FULL examination and determined the likelihood of fatal harm to self or another. In all other cases, the default is Supported Decision Making. My version is very similar to a pair of Bills introduced in February 2021 to the Florida House and Senate, with the major exception that their law allows the judge and guardian to claw back powers in violation of Federal Rights, while mine does not. My version is short, It is easy to understand. It cuts expense and saves time but keeping things away from attorneys and the court. What's not to love? I ask you to please take a look at it on the following web page and then ask groups like NASGA to please help support and promote it so we can all get it in front of both our State and Federal legislators. Thanks, Randy Asplund http://www.randyasplund.com/probate/SDM_LAW_PROPOSAL_2021.html
5 comments:
OMG...............what BS
This guy is sooooooo wrong
I just watched this (4-18-21) and I have to say that from my own personal experience, from the vast number of G & C stories I read every day from across the US, this perspective by the BAR is deeply flawed and incorrect. First, they say the abuse and exploitation is a very small amount, and that most guardians and conservators are working well. But that opinion is not backed-up by evidence. To the best of my knowledge there is no real accounting of the proportion of offenses to number of people participating. Secondly, they have the typical flawed perspective of an attorney- that it suffices to make people take the time and spend the money to fight it out in courts, as if the elderly and vulnerable have the time, and as if they even have access to money to do that. This attitude far far beneath naive. Their "Real World" perspective is false. Michigan is an excessive hot spot for organized racketeering and human trafficking because the probate judges are willing and knowing participants. I know just how closely the movie "I Care A Lot" parallels reality because a very large amount of the movie is strikingly similar to the situation we are in with our case. I am very glad to see that the ABA supports Supported Decision Making. But if it is going to be like the Florida SB1010 and HB681 introduced in February 2021, then it won't work because it still lets the judge and guardian just decline it. -A while back I published a Supported Decision Making legislative proposal. You can see it at http://www.randyasplund.com/probate/SDM_LAW_PROPOSAL_2021.html It is becoming very popular with activists and the legislators who have seen it thus far. It gets a person out of the court, so out of the lion's jaws. SDM is THE WAY TO SAVE PEOPLE. Randy@RandyAsplund.com
NASGA, Posting this link to a video which is so very obviously misrepresenting the state of guardianship and conservatorship in the US, and claiming that the movie was so exaggerated and implausible was very irresponsible act which undermined our movement. There are far too many of us out there who have experienced the exact methods used in the movie to seize and control innocent victims for profit, and who know very well that attorneys serving as professional fiduciaries and the judges themselves are conducting exactly these crimes under the color of law. The only exaggeration is the Russian Mob element, which serves as a theatrical tool to condense the real-lie industrial scale exploitation under one single point for dramatic effect, rather than the true life situation where it is more of a professional norm supported by members of each State Bar. Come on people, you are supposed to be better than that. -Randy Asplund
In fact, if you want to do the responsible thing, you should help spearhead a demand that the ABA immediately remove this offensive and false narrative and RETRACT it.
In January 2021 I finished a proposal for Federal Legislation which would render the court almost entirely unable to use jurisdiction to place or keep people in guardianship/conservatorship against their will, and which provides vulnerable persons with the legal means to be more protected and have their needs better monitored and provided. The law would supersede state laws until a certain criteria was met which applied to the most severe cases, and only then does the role of the judge become to ratify the determination of an appropriate medical doctor/psychiatrist having done a specific FULL examination and determined the likelihood of fatal harm to self or another. In all other cases, the default is Supported Decision Making. My version is very similar to a pair of Bills introduced in February 2021 to the Florida House and Senate, with the major exception that their law allows the judge and guardian to claw back powers in violation of Federal Rights, while mine does not. My version is short, It is easy to understand. It cuts expense and saves time but keeping things away from attorneys and the court. What's not to love? I ask you to please take a look at it on the following web page and then ask groups like NASGA to please help support and promote it so we can all get it in front of both our State and Federal legislators. Thanks, Randy Asplund http://www.randyasplund.com/probate/SDM_LAW_PROPOSAL_2021.html
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