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ABA position on Guardianship and ADM–A Reality Check

To better understand the cognitive dissonance between real life guardianship experience and the high minded language used by the legal thought leaders in the USA, it is helpful to read the following from the American Bar Association in 2017 where they resolve to replace guardianship (ostensibly a “last resort”) with Assisted Decision Making:

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The number ADM cases in America is negligible.

The duality between what victims have experienced at the hands of the for profit “industry” –the experience that informs our narratives– and the official statements of the most powerful organization in the country (ABA) is stunning. If we assume that the majority of judges and lawyers follow these standards and recommendations there are a few explanations for this obvious conflict of ideas and actions.

  1. There are outlier judges and lawyers in an ever growing number of “judicial hotspots” in America  who  have gamed the system into a money making racket that flies in the face of their own official positions.
  2. Guardianship as a “last resort” is unprofitable and therefore shunned
  3. Profit is the primary driver behind abusive guardianship

An outlaw legal racket that is devoid of monitoring or regulation and enjoys judicial immunity for any misdeeds or crimes committed and retaliates against anyone who threatens its power or secrecy is a terrifying reality to innocent Americans.

So the challenge for the ABA is simple–do as you say and take steps to put your words into action. BE the solution, not the problem.




2 Comments on ABA position on Guardianship and ADM–A Reality Check

  1. I believe that we also have some very snarlky attorneys working for these abusive for profit guardians and they use the rule of law to abuse the elderly caught in this web of deceit. I believe some judges don’t profit but allow the guardians and their attorney profit by not going through the submitted bills very closely and intensely questioning charges and forcing documentation. I will be posting examples of what I could not challenge or risk a for profit guardian being allowed to use mom’s money to fight for her monies. Medicare only allows a guardian to charge $35 per month, but these uneducated for profits charge those with means much more by the hour. Courts could step up and set a maximum amount which may be charged those appointed through the courts. The laws have to be changed – and who else to stimulate change than the ABA. ABA – STOP FIGHTING FOR THE ELDER ABUSERS WHO HIDE BEHIND THE ELDER LAW PROFESSION.

  2. They Judges DO profit. The Attorneys and appointees they appoint finance their campaigns.

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