VICTIMS OF GUARDIANSHIP AND CONSERVATORSHIP

VICTIMS OF GUARDIANSHIP AND CONSERVATORSHIP

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Lori Duboys was a reform warrior. She was very active in NY during the 90’s and she remained active in guardianship reform until her last breath in July of 2019.

In addition to her duties as NASGA Vice President/Director, Lori maintained a website about guardianship abuse in general and NY specifically. It was called, “Victims of Guardians.” Later, Lori updated the title to “Victims of Guardianship and Conservatorship.”

Because Lori’s site will be taken down in 2020 when she is not around to pay for the domain and renewal, we have copied it here on NASGA website, so Lori’s hard work and snippets of her vast knowledge aren’t lost in cyberspace and can continue to do the good work she would be doing if she were still alive.

VICTIMS OF GUARDIANSHIP AND CONSERVATORSHIP

(COURT-APPOINTED FIDUCIARIES – LICENSED TO STEAL?)
Who SHOOK the money tree?

WHO SHOOK THE MONEY TREE?
W A R N I N G !!!!!
Guardianship/Conservatorship –
Bad for your Health and Wealth!

NO LONGER THE DIRTY LITTLE SECRET OF THE “JUSTICE” SYSTEM!

NATIONAL AND WORLD MEDIA HAVE LONG BEEN ABUZZ WITH HORROR STORIES ABOUT THE WEALTHY – Astor, Evans, Helmsley, Phillips, Rooney, Spears, among others – AND NOT-SO-WEALTHY, WHO HAVE BECOME VICTIMS OF GUARDIANSHIP (CONSERVATORSHIP IN SOME STATES) AND HAVE HAD THEIR ESTATES DEPLETED OR TOTALLY WIPED OUT AS A RESULT.

Most Americans were unaware of guardianship or its problems until the Terri Schiavo case, which was all about an unlawful “guardianship,” with continuing coverup all through the courts. It is one of the very worst examples of what corrupt judges and unethical lawyers can do with the power of life and death in their hands.

DID TERRI HAVE TO DIE SO HER HUSBAND COULD INHERIT THE REST OF HER DAMAGE AWARD?
THAT’S WHAT IT WAS ALL ABOUT, WASN’T IT?
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
The big-name well-publicized cases brought to light the little-known problems in these areas and got the attention of Americans on this issue.

But attention alone is not enough!
WHAT YOU NEED TO KNOW ABOUT UNLAWFUL AND ABUSIVE GUARDIANSHIPS/CONSERVATORSHIPS:

Many lawyers write articles suggesting advance directives, including a Durable Power of Attorney (“durable,” meaning it remains in effect after a person becomes incapacitated).

Question: But what if you wind up in front of a corrupt judge who ignores the grantor’s wishes?
Answer: He may override any legal document executed by the AIP (“alleged incapacitated person.”)

Note: The person is only “alleged” to be incapacitated until they are legally adjudged to actually be incapacitated; then they are described as the “ward.” Yes, they become wards of the State.

Question: Aren’t there any safeguards against that?
Answer: That’s up to your state legislators and prosecutors. An honest judge will hold a full evidentiary hearing to determine the validity of a prior Durable Power of Attorney – the issue being whether or not the AIP was incapacitated at the time of execution. A corrupt judge will not hold any hearing; he/she will just ignore the document, and sometimes even invalidate a Last Will and Testament, with a stroke of the pen, putting all sorts of liberties in the hands of the fiduciaries.

Question: Why would a judge do that?
Answer: By unlawfully overriding the previous powers which were lawfully granted, he/she can then engage in patronage – defined as “a type of corruption or favoritism in which a party in power rewards groups, families, ethnicities for their electoral support using illegal gifts or fraudulently awarded appointments” – making work for lawyers where they can feast on fees.

Question: What is the quid pro quo; i.e., what’s in it for him/her?
Answer: That we will not know until the prosecutors start prosecuting judicial corruption in a meaningful way.

Question: Do you know what your rights are?
Answer: IF YOU DON’T KNOW YOUR RIGHTS, YOU DON’T HAVE ANY!

THE GUARDIANSHIP PROBLEM IS NOT CONFINED TO ANY ONE STATE;
the UNLAWFUL PROCEEDINGS and resultant FEEDING FRENZIES
are rampant all across the country – anywhere there is money to be made!

Who gave fiduciaries – defined in law as “a person of trust” –a “License to Steal”?
The legislators did! And they gave them a shocking list of powers – including life/death decisions!

PROBLEMS WITH GUARDIANSHIP AS PRACTICED –
(This site was launched and based on an unlawful guardianship experience in NY State, some time ago,but is fairly typical of corrupt guardianships/conservatorships across the country.)

Some people have described it as a “bounty-hunting” operation, with headhunters running computer searches for financial and personal data on potential victims who wind up in a hospital and transfer to a nursing home (whether by reason of illness or even just a fall on the sidewalk). The nursing home lawyer or someone else then petitions for a guardianship. The assigned judge then distributes his patronage to his pals, in the form of appointments as guardian, conservator, counsel to the AIP, or any other type of fiduciary.

In NY, appointment of counsel is mandatory, according to the statutory “shall,” but you have to read this law for yourself to understand how that may not happen. (See NY MHL Section 81 below, together with annotated cases.)

Each state has different laws for these proceedings.

One of the major problems of unlawful guardianship or conservatorship is due process deprivation. Due process is defined as: “A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one’s life, liberty, or property.”

To date, Congress has failed to keep its promise to protect its elder citizens.

In 42 U.S.C. 3001 of The Public Health and Welfare law, Congress made the following declaration:

“The Congress hereby finds and declares that, in keeping with the
traditional American concept of the inherent dignity of the individual
in our democratic society, the older people of our Nation are entitled to,
and it is the joint and several duty and responsibility of the governments
of the United States, of the several States and their political subdivisions,
and of Indian tribes to assist our older people to secure equal opportunity
to the full and free enjoyment of the following specific objectives:
“(6) Retirement in health, honor, dignity – after years of contribution
to the economy.
“(10) Freedom, independence, and the free exercise of individual
initiative in planning and managing their own lives, full participation
in the planning and operation of community-based services and
programs provided for their benefit, and protection against abuse,
neglect, and exploitation.”

Without due process, control of assets and property can be instantly given to a newly appointed fiduciary. Victims of such violation learn of this only after the fact.

Question: If a court appointee is already in control of your assets, how can you retain a lawyer of your choice?
Answer: You can’t! Many adjudication “hearings” are held which are totally sham, replete with constitutional due process violations, and conducted also in complete contravention of statutory protections promulgated by the states and practice rules issued by the courts.

Who’s supposed to watch the guardians?

The judges.

Who’s been watching the judges?

APPARENTLY NO ONE!

Full Story

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