Category Archives: Articles on Guardianship Abuse

Is Elder Guardianship A New Form Of Human Trafficking?

Dr. Terri Kennedy.   Full article at Huffington Post

As the 71st session of the General Assembly of the United Nations begins this week to discuss international issues that affect the lives of millions throughout the world, the United States needs to step up its commitment to safeguard human rights and promote the rule of law in its own backyard — specifically, escalating abuse in the U.S. Elder Guardianship system.

It’s legal, but is it right?

Imagine you’ve worked hard all of your life and suddenly you are deemed incapacitated and are stripped of your dignity and basic individual rights. You have been abducted from your home, isolated from your family, and “placed” somewhere to be medicated while your assets are being pillaged. The authorities that should be protecting you are the ones committing these heinous acts. It sounds like Nazi Germany, but this is happening in the United States today.

The victims are seniors………………..

The Abduction of Lillie

Tuesday, September 6, 2016 was Lillie’s 88th birthday and her family didn’t know where she was. A week earlier, on August 30, the court-appointed Emergency Temporary Guardian abducted her from a doctor’s office while her niece was in the other room filling out papers. Although Lillie was happy and safe in her Palm Coast home of twenty years, the guardian “placed” her into assisted living and refused to tell her family the location. Lillie was not in danger and there was no emergency situation or other credible justification of such extreme and deceptive action. Video of Lillie from July 30, 2016 — just a month before — shows a vibrant African-American woman enjoying her home and family, and vocal about her financial affairs and this case. In fact, she does not seem incapacitated at all.

Since the case started in 2012, three good doctor’s reports that could have given Lillie her rights back went stale through a legal shell game of loopholes, frivolous objections and unethical behavior. Now, while she is sequestered and possibly sedated, they are pushing hard for plenary guardianship, which would take away her last two remaining rights: the right to vote (she is a registered Democrat excited about voting for Hillary Clinton) and the right to choose with whom she socializes. Over a dozen attorneys and others have been invoicing against Lillie’s assets, while the temporary guardian has not paid Lillie’s basic bills or given her a penny of her own money for food or personal living expenses. The temporary guardian has been neglecting her fiduciary responsibilities and violating standards of practice, but Lillie’s sister and over 50 nieces and nephews are the ones being shut out.

The sudden manner by which Lillie was involuntarily placed in an anonymous location and isolated from her family and support system was likely traumatizing to her particularly given her past victimization. The initial evaluation for incapacity happened in 2012 when she was held captive for eight months at the home of a family friend. She eventually called 911 and escaped. Now, after five years of systemic abuse, Lillie is being violated again — this time by the temporary guardian who is supposed to be her advocate. Getting old is not a crime, yet Lillie is being treated like a criminal. Tonight, she is somewhere alone in assisted living probably wondering why her family has abandoned her.

Captors use social isolation to torture prisoners of war. Social isolation of otherwise healthy, well-functioning individuals eventually results in psychological and physical disintegration, and even death. Nevertheless, the Emergency Motions filed in court to get Lillie returned to her home and family have been ignored.

Florida’s “Liquidate, Isolate, Medicate”

In Florida, there are 5 million people age 60 and older and that demographic is expected to account for most of the state’s population growth in the next 15 years. Yet, seniors who have come to this retirement haven are actively being deprived of life, liberty and property without due process of law. The guardianship system oversteps constitutional rights and goes against the Equal Protection Clause of the 14th Amendment that forbids states from discriminating invidiously against some of their citizens.

Professional guardianship is considered a “growth business,” with the number increasing from 12 registered professional guardians in 2003 to 456 in 2015, according to the Florida Department of Elder Affairs. The abuse is so rampant that the process itself has been called “Liquidate, Isolate, Medicate.” With 40 hours of training and a modest background check, a professional guardian can start earning $85 an hour and have control over a ward’s property, finances, medical decisions, housing and social relationships. In other words, the guardian has the ability to: liquidate your assets by selling your home, car, etc.; isolate you from your family as guardian of “your person;” and put you in a nursing home to medicate you until you die. All of this is supposed to be in your “best interest.” An ABC13 Investigates report dubbed it “The Grey Prison.”

For example, 89-year-old Marie, featured in the Sarasota Herald-Tribune‘s Elder guardianship: A well-oiled machine, had her rights removed at the request of her stepson-in law. The court ordered a trust company to pay out some $635,000 to attorneys, guardians and other involved in her case. She survived wartime Poland and said even Hitler’s Germany failed to prepare her for this travesty. Republican member of the Florida House of Representatives Larry Ahern said, “In extreme cases, the wards are sometimes prevented from regaining their competency and remain, in effect, prisoners of guardians.” How many seniors, like Lillie and Marie, are being exploited in this cruel and systemic manner?

Due to a string of horror stories and rising complaints, on March 10, 2016 Governor Rick Scott signed into law Senate Bill 232creating the Office of Public & Professional Guardians to replace the Statewide Public Guardianship Office within the Florida Department of Elder Affairs. In April, they initiated rule making procedures to address the regulation of professional guardians, including standards of practice and disciplinary guidelines. These are expected to be in place October 2016. While these necessary changes are underway, what happens to seniors, like Lillie and Marie, who are being victimized this moment in Florida? Will they get a pardon and be set free?

A New Form of Human Trafficking?

Please read the Full article at Huffington Post

Blind man held captive in the guardianship system for his money

Disability Rights: When Is Taking Your Mother to Lunch a Felony?

Full article at above link. This case posted with permission of Patty Reid:

Nor were there any legal repercussions when a Florida guardian put Corinne Bramson, an elderly Florida woman, into hospice with no terminal diagnosis. Bramson was given heavy doses of morphine and expired within ten days.

It is not news to those in the disability rights movement that such abuses are going on. So when Patty Reid’s son, Landon, who had been blind since birth but did not have any documented mental incapacity, was ordered by Judge Speiser in Broward County Court (Florida) to be remanded into an institution, Reid felt the cold chill of potential undesirable futures for her son emerge. She had custody of Landon and had been his caretaker since birth, so she did what other mothers have done when faced with the prospect of an unnecessary institutionalization – she fled the jurisdiction with her son.

In April of this year, Patty Reid was arrested and her son taken from her. She is being charged with “custody interference,” which holds a potential sentence of five years in prison. In an interview last week, Reid stated that she does not know where her son is and has been denied any contact with him since her arrest. She states that the charges make no sense as she has always had custody of her son.

While still a minor, Landon had been appointed a guardian, South Florida Guardianship. “They handled the money,” stated Reid in a recent interview, “and I took care of my son.” Landon, age 19, is no longer a minor and Reid states she cannot understand why the guardianship has not been legally terminated.

Reid’s lawyer, Sue Ann Robinson, is concerned about the legality of Reid’s arrest. According to Robinson, the probable cause affidavit, used as the official document to launch Reid’s arrest, is inaccurate. “The document says that Patty Reid missed a hearing in June, 2016,” says Robinson. “That is two months before she was arrested. You cannot arrest someone for doing something in the future.”

Reid is currently out on bail.

Senior Trafficking by Stephen Thompson

Dear Washington State Leaders:

RE:  Exploitation, abuse and fraud against retired American workers and older adults under the guise of guardianship taking place throughout the country

Older, retired and defenseless Americans with financial assets are being put to their death in illicit guardianship courts that operate under color of law in order to steal their life savings.  Their families are being falsely imprisoned and retaliated for speaking up to expose these crimes against humanity.

These American citizens who have financial assets are targeted by rogue attorneys and guardians who strategically have these Americans declared “incapacitated” by their colluding medical providers as a justification to force defenseless adults into a guardianship nightmare – they are living adults in a system of probate laws dealing with the dead.   They lose all of their civil rights and liberties. They have less rights than death row prisoners.

In essence, they are incarcerated in undisclosed facilities.  Health Care agents designated by an elderly person in documents they have prepared are often cast aside or simply ignored and cases exist where Living Trusts and similar instruments, once thought impenetrable, are broken making room for the fee driven professionals / attorneys in a system with no checks and balances.  They are forcibly removed from their home.  Their family members are barred from seeing them on the basis of perjured false accusations against them by the predator attorneys and guardians who are financially extorting them.  Not only are the older Americans and retirees being terrorized, but their family members and others who expose this syndicate are also victims… they are being threatened, retaliated and falsely arrested.

When the money runs out, the American Taxpayers will pick up the tab for Medicaid, Social Security dollars and other applicable tax-payer funded programs. More often, when their funds are all gone, they are illegally chemically restrained with psychotropic drugs to cause their death.

These activities fall under the Federal Hobbs Act, Title 18 U.S.C § 1951.  They are a form of human trafficking under 22 U.S.C. § 7102 and similar state laws.  They are acts of tyranny, oppression and obstruction of justice of the worst form equal to homeland terrorism.

We have a litany of laws to protect our older Americans, including The Elder Abuse Victims Act, The Elder Justice Act, The Olmstead Act, the Americans with Disabilities Act, the Senior Financial Protection Act and mirror laws of each state.  However, all these laws go out the window when an American adult is forced into guardianship because law enforcement ignores enforcement when criminal violations take place in a color of law court.

Because the guardianship ruse and crimes have been ignored by American legislators and law enforcement for years, it has proliferated into a wide-reaching syndicate of attorneys, judges, professional guardians, medical providers and state agencies who operate a business of murdering American workers and older adults to steal their assets through a simulated court process called guardianship.   They use an illegitimate guardian court to effectuate a false perception of legitimacy to conceal criminal activities.

Prominent cases like the Astor case in New York, the Anna Nichol Smith case and the Sumner Redstone case receive media attention and resolve, while the millions of cases of hard working every day middle class Americans are ignored.

This is the most insidious of crimes carried out in secrecy against our most vulnerable citizens.  This crime undermines every one of our inalienable rights and our core American values under the United States Declaration of Independence and the Constitution.  This syndicate that has taken control of our court system is doubly offensive – it engages in crimes of the most heinous nature and its operation under color of law is unconstitutional.

This is not a State issue.  The States themselves are the perpetrators of this crime.  It has become a state-sponsored and run operation with the citizens of every state being affected.  All of the Federal agencies are involved, Social Security Fraud, Health Care Fraud, Medicare Fraud, IRS Fraud for failure to report the income from this color of law operation, U.S. Codes are being violated and Federal Taxpayer Dollars are being used up.  This problem must be dealt with swiftly and forcefully with an arm of justice and with legislation and reform that had a nationwide reach and that has jurisdiction over Civil, Constitutional and Human Rights Issues.

You took an oath of office under Title 5 § 3331 of the United States Code to support and defend the Constitution of the United States and faithfully discharge the duties of your office.   However, millions of American families are being shattered by this simulated guardian court proceeding.

This country was based on the concepts of individual liberty and property rights. Guardianships destroy not only these freedoms, but also the spirit in which they were established.  Nothing is more sacred in our country and more protected by the Constitution than the protection of our families, our right to life, liberty and the pursuit of happiness, to due process, religious freedom and freedom of speech.

Time has run out.  We have millions of older Americans and retirees who are in reckless endangerment and being put to death by guardianship torture and terrorism.  We have millions of older Americans who are barred from seeing their children and their families.  We have a problem of national epidemic proportion;  it must be fixed immediately.

We urgently seek:

1.      That you request a state of emergency be declared by the President to immediately remove the imposter judges who are perpetuating this atrocity and release the American citizens who have been imprisoned.

2.      That you request the President and Federal Law Enforcement to commence an urgent investigation of the judges, attorneys, guardians, medical providers and others who are parties to this syndicate.

3.      That you request the President sign an Administrative Order to eliminate guardianship.

4.      That each county designates an ADAA certified mediator to assist in the event of family disagreement regarding the care of their relative and there shall be no involvement by any court.

5.      That a federally based system be instituted to provide Federal funds for a county ombudsman to provide any needed assistance to an older adult only in the event they have no family members or if there is suspected abuse or exploitation by a family member or where family members are unable to agree on the care of their relative after they have sought assistance by the certified mediator.

Sincerely yours,

Stephen Thompson

 

Boycott Lawyer Fraud

Cc:  Media, Activists and other interested parties

National Association to Stop Guardianship Abuse: NASGA : know-your-rights

NASGA Exert: If you are in guardianship/conservatorship litigation, or about to enter litigation,  the first thing to do is read and devour the guardianship and conservatorship laws of your state.*  You may think it’s your attorney’s job to know, advise, and take care of you.  After all, that’s what you’re paying dearly for. Continue reading National Association to Stop Guardianship Abuse: NASGA : know-your-rights

How A Fraudulent Guardianship/Conservatorship Commences And Continues by Angela V. Woodhull, Ph.D.

Exert: “A large part of the victim’s money is spent on attorney’s fees and guardian’s fees. As long as there is ample money in the victim’s guardianship account, the guardian and her attorney cohorts will file motion upon motion after motion to the courts, such as:”

Continue reading How A Fraudulent Guardianship/Conservatorship Commences And Continues by Angela V. Woodhull, Ph.D.