WHO IS DOING THEIR JOB.

On the EARN website under “State Info,” There is a drop-down list where you can find all the legal information about Financial Elder Abuse and involuntary Guardianship for your state.

As we researched each state, a question arose—though the public chooses those who will represent their interests and safety and, through one manner of taxation or another, pay the salaries of those representatives as well as Attorney Generals, Judges, and District Attorneys, why is there so little concern shown for the senior citizens in so many states? It is particularly perplexing given the fact that those very senior citizens are, more often than not, paying the largest share of the taxes and casting the largest share of the votes.

Over the next year, we will compare all 50 states, each month we will carry forward the state that was the best in the previous month’s comparisons, to see...  (Click to Continue)

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WHO IS DOING THEIR JOB.

Abusive probate guardianship

The award-winning 2017 short documentary “Edith+Eddie” by Kartemquin Films and directed by Laura Checkoway follows the story of America’s oldest interracial couple whose love story is interrupted by a family feud and an administrative probate hearing. The movie highlights the loss of all human and constitutional rights as well as loss of all property rights once Edith is placed into an involuntary guardianship by a probate judge.

What can happen if you fail to settle a family dispute in a guardianship hearing in St. Louis and St. Louis County?

Once you take the matter to a probate judge, you risk losing your loved one to the system. The probate judge will appoint a third-party guardian, regardless of whether advance directives (durable power of attorneys, health care proxies, wills, trusts, etc.) are in place or not. The elderly ward is punished because his/her family “can’t get along.” Your loved one will lose all constitutional and fundamental rights (right to vote and the right to marry) as well as control of all property, life savings, personal treasures.

And that is not the worst of it: You will lose all input into your loved one’s care and the right to know of his/her medical condition. You will become powerless to help your loved one if the guardian decides to send him/her to a nursing home. Remember who is going to profit from the guardianship/conservatorship of your loved one: the guardian, the other fiduciaries, and your attorney.

The issue is not whether the present system is legal. The issue is whether involuntary guardianships are consistent with basic principles of law, democracy, civil rights, human rights, and the constitution. The present system of involuntary guardianship violates all these basic principles. It is a danger to everyone whether or not they realize it.

M. Anthony
St. Louis

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Abusive probate guardianship