by Mary West
Marti Oakley, host of T.S. Radio and author of
The PPJ Gazette Blog,
has devoted herself for many years to educating the public on the
dangers and pitfalls of elderly guardianship. This term refers to the
legal relationship formed when a court appoints someone to care for a
senior who is ill or infirm. In theory, guardianship meets the needs
of people who can no longer care for themselves. However, in reality, it
is fraught with perils resulting from the callous devaluation of the
elderly and the desire of predators to gain control over their assets.
Tragically, many seniors experience abuse, neglect, and, in some cases,
premature death caused by a guardian.
Guardianships are a lucrative business, and they’ve become one of the
fastest-growing cottage industries. Unfortunately, in some cases, an
unholy alliance exists between guardians, nursing homes, the lawyers
representing nursing homes and guardians, professional organizations,
probate judges, and other stakeholders. In other words, there exists a
network of corrupt colluders. Consequently, an elderly person is
deprived of any fair representation or evaluation in a court where the
judge has the power to put a total stranger in charge of their “care.”
According to Oakley, “These relationships and networks are clear
racketeering.”
Oakley’s Elder Advocacy Journey
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| Marti Oakley |
How did seniors acquire the valiant spokesperson they have in Oakley?
Her journey to elder abuse activism began more than 11 years ago. She
had always been involved with various issues affecting public health
such as pollution, GMOs, and fluoridated water. After doing numerous
radio interviews, a friend in New York City told her that she should
seriously consider doing a show that would bring these topics, which
often flourish in shadow, into the light of day. She initially resisted
the idea, but later, realizing how ill-informed the American people were
on these matters, she understood that such a show would create the
informed public necessary to create a demand for changes in laws to
reduce the number of abused citizens.
Oakley traces her interest in elderly guardianship to an interview
with Sara Harvey, a woman whose husband, Gary, had a nightmarish
experience. Two years after experiencing a traumatic brain injury,
Gary’s guardian asked the court to remove his feeding tube and starve
him to death. Sara struggled to get Gary proper care, but the guardian
had been given all the power, and he passed away.
Oakley researched guardianships and found that Gary Harvey’s story
wasn’t an aberration: instead, it was a relatively common occurrence
happening to seniors across the country. The problem haunted her. “I was
appalled at what was being done to people whose only crime was aging
with assets,” and she took up the cause.
Sara directed Oakley to the National Association to Stop Guardian
Abuse (NASGA), and the dam was open—vast numbers of people came out of
the woodwork to tell their horror stories on her show. These accounts
have a common thread—the victims became prey to predators masquerading
as guardians, who rob them of everything, including their dignity.
Aside from giving family members of victims a voice on her show,
Oakley has interviewed doctors, lawyers, and whistleblowers to examine
factors that have a bearing on this national plague. Her life is now
dedicated to making phone calls, writing articles, and speaking with
lawmakers.
Cash Incentivization of Federal Programs
In discussing various aspects of the guardianship problem, Oakley
reports that federal programs can be cash incentivized, and hospice
care, which can be a Godsend to many suffering the excruciating pain of
late-stage cancer and other diseases, can also offer an opportunity to
an abuser, becoming “nothing but a killing machine…. to amass funds,
corrupt doctors misdiagnose patients as terminal to enter them into the
hospice program. Since food and water have been redefined as medical
treatment, patients are denied these essential elements for life. After
three days without them, their organs start to shut down,” she explains.
In addition, some hospices and nursing homes withhold medications
that could extend life. To illustrate, under “comfort care only”
directives, antibiotics, normally given to treat an infection, may not
be prescribed even to a patient who, if given these curative drugs,
might live a perfectly good life for many months or years to come.
“Comfort care only” is a convenient an often-used tool by guardians and
family members who have a financial interest hastening the patient’s
death. This is evident in the audio and video recordings of Mercedes
Kibbee in the Silver Standard documentary
“The Unforgivable Truth”.
Oakley notes that the federal government owes Social Security about
$4 trillion, which has been taken from surplus funds to support other
causes. “They have no way to pay it back, so they reduce the amount of
income that claimants get, as well as try to decrease the number of
claimants. Under Obamacare, many hospices morphed from acting as Good
Samaritan to assuming the role of Grim Reaper. We estimate hospice is
ending the lives of 300,000 to 500,000 people per year,” she adds.
Broadening the Scope of the Problem
Heartbreakingly, the scope of the problem is broadening. Efforts to
reduce the population aren’t limited to rushing the deaths of the
elderly: the disabled and chronically ill, as in the case of Gary
Harvey, are now being targeted as well.
Furthermore, while 10 years ago wealthy seniors were the primary
victims, now predators have expanded their targets to include
non-wealthy seniors. Social security benefits can provide a hefty income
for any guardian who has taken charge of a large volume of seniors and
is the designated assigned payee of those payments.
Oakley cites the example of Rebecca Fierle, a professional guardian
in Florida who went from being bankrupt to a millionaire within three
years after gaining control over the estates of many seniors.
Fortunately, Fierle is now under criminal investigation, but in most
cases the guardian’s bank account continues to grow as the victim
continues to suffer.
Lack of Federal and State Oversight
What can be done? “The federal government absolves itself of any
responsibility, claiming that guardianships are under the jurisdiction
of the states,” continues Oakley. Due to conflicts of interest affecting
state legislators, they fail to assume an oversight role. Why? Nursing
home and guardianship associations are among the major contributors to
their election campaigns, and to keep money coming in, they’re willing
to do whatever it takes to keep their donors happy. Compounding the
situation, in recent years, nursing homes, guardianships, and—believe it
or not—lawyers are increasingly lobbying lawmakers in a manner that
suits their own interests rather than the interests of the elderly.
Consequently, legislators refuse to introduce bills that would stop
the abuse, veto those that do come up for vote or, as in Rhode Island,
the governor vetoes the Bill just passed (unanimously). Because of the
lack of government oversight, it’s not surprising that within Oakley’s
11 years of advocacy, she hasn’t seen any substantial progress.
The Solution
In Oakley’s opinion, the solution to elderly guardianship abuse lies
in revamping laws. “The first thing to do is to get rid of probate
courts. They are an administrative court based on statues and codes
rather than laws. Under this system, people don’t have rights. No
evidence is required to back up charges levied, nor is anyone given the
opportunity to refute allegations. Due process is not afforded to the
persons they’re targeting. It’s the ultimate in identity theft. The
person suffers a civil death equal in consequences to a physical
death….Conversely, declaring someone incompetent should be handled in
state courts. Here, evidence is produced to prove claims, and targets
are allowed to speak. I believe that a person’s will and legal
directives should stand. Seniors shouldn’t be stripped of their
constitutionally endowed protection at any time. We need a guardianship
protection bill,” she says.
Opposition and Obstacles
In the course of Oakley’s work, she has encountered indifference from
people who don’t care about elderly guardianship abuse because it
doesn’t affect them personally. Sometimes the young can’t fathom a time
when they will become old and infirmed. Yet aging is a universal
experience, and anyone enjoying vibrant health now will someday reach
the point where he or she needs care and protection from wrongdoers.
Another obstacle Oakley has met is the failure of people to grasp the
magnitude of the problem. Since it has fallen well under the radar of
news outlets, the public is largely unaware of it. Most states have
passed outreach programs to educate the public, but they are not
implemented—most states claim it is because of lack of available
funding. This is one reason for the founding of the EARN Project, which
provides informative materials, free of charge, to any individual,
organization, or government entity willing to conduct a workshop to aid
in the education of their local citizens.
In addition, Oakley’s efforts have ignited the ire of predators whose
vile deeds she is trying to stop. This has gone so far as to
manifesting itself in threats of physical harm and death. Despite the
opposition, she is undeterred and perseveres fearlessly “to do something
about the human traffickers who are targeting the most vulnerable among
us.”
Although Oakley is uninterested in accolades, she has earned the deep
gratitude of those whom she is attempting to help. On behalf of people
of all ages,
The Silver Standard News wishes to express our
gratitude to Oakley and others involved in the quest to ensure that
Americans enjoy truly golden Golden Years.
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