Guardianship News:

Federal

Federal suit follows Texas Judicial Council Admission of non-compliance by guardians of senior citizens

April 25, 2018 // 0 Comments

 SAN ANTONIO – A Manhattan woman who worked as an actress in an NBC TV pilot directed by Spike Lee and a Macy’s commercial last year has filed a breach of fiduciary duty lawsuit against her San Antonio-based mother over the alleged abuse of and isolation from her legally blind father who is a 22 year veteran of the U.S. Air Force and currently guardianized under a Bexar County court order. According to the lawsuit, filed by plaintiff Juliette Fairley in the Western District federal [- more...]

Texas Judicial Council admits widespread (43%) non-compliance by guardians

April 23, 2018 // 2 Comments

AUSTIN – The Texas Judicial Council recently announced to the House of Representatives last week in Washington, D.C. that 43 percent of adult guardianship cases in the state of Texas are out of compliance with reporting requirements. Adult guardianship cases include the elderly and people with disabilities who have become “wards” of the state. Their assets make up some $4 to $5 billion that pass through county probate courts in Texas, according to TJC data. There are not only breaches [- more...]

New Legislation Quandries

January 28, 2018 // 3 Comments

People get very excited when they hear that their state legislators may actually be listening to their complaints and trying to do the right thing by the public that elected these civil servants. In guardianship matters, case reports, investigative reports, pressure from advocacy groups, as well as multiple indictments across the country of court insiders have led to a sense of hope and optimism that there is reason to expect that progress is forthcoming in the form of new legislation that [- more...]

Courts as a revenue source, federal money and its strings.

December 21, 2017 // 1 Comment

  Probate/Equity courts across the country are not only creating guardianships in record numbers but abetting the explosion in the number of abusive and exploitative professional guardianships. We estimate that about 14% of adult for profit guardianships are fraudulent and/or abusive accounting for billions of dollars of wealth extraction yearly. But why? Remember: Guardianship is about money—only money. But even a cursory examination of one court funding system provides a ready [- more...]

S178 Signed into Law, the Elder Abuse Prevention and Prosecution Act

October 18, 2017 // 4 Comments

The White House Office of the Press Secretary For Immediate Release On Wednesday October 18, 2017 President Donald J. Trump Signed S178 into Law, the “Elder Abuse Prevention and Prosecution Act,” which establishes certain requirements for the Department of Justice with respect to investigating and prosecuting elder abuse crimes; and amends Federal criminal law to expand telemarketing fraud to include “email marketing” fraud…and provides the first federal protections for adults [- more...]

Michigan: Attorney General and Federal Authorities Investigating Probate Court Practices

September 11, 2017 // 3 Comments

Investigative reporter Heather Catallo of ABC News affiliate WXYZ in Detroit has been exposing corrupt practices across Michigan’s probate court system commonly used to financially exploit vulnerable citizens before and after death.  AAAPG is assisting Michigan victims to navigate the complex process of gaining investigations of fraudulent involuntary adult guardianships and appreciate the coverage by WXYZ.  The recent raid of the offices of Detroit real estate brokerage Probate Asset [- more...]

Department of Justice Webinar: Financial Exploitation in the Context of Guardianships and Other Legal Arrangements

September 10, 2017 // 0 Comments

Hosted by Julie Childs, J.D., Elder Justice Initiative, U.S. Department of Justice, Washington, DC and Brenda Uekert, PhD, Director, Center for Elders and the Courts, National Center for State Courts and is a refreshing discussion on the risks of guardianship as Brenda provides valuable guidance to guard against being drawn into the nation’s probate court system.  Nearly 200 people attended this webinar which lasts about an hour.  Sadly, no effective redress options were offered when [- more...]

U.S. Department of Justice looking into Guardianship Abuse

July 27, 2017 // 12 Comments

The moment a judge signs the order for an involuntary guardianship they have designated your loved one “disabled”.  These individuals are protected by the federal Americans with Disabilities Act (ADA) of 1993 and the Olmstead Act provision enacted in 1999 to protect those unlawfully institutionalized and isolated.  Most adult guardianship adjudicating courts completely ignore these obligations.  These violations provide federal authorities the opportunity to step in and demand [- more...]

New Mexico: Employee blows whistle on guardian embezzlement case

July 21, 2017 // 2 Comments

For more than a decade, one of the state’s largest guardianship firms was routinely appointed by the courts to protect clients whose disabilities left them unable to handle their money or pay their bills. Behind the scenes, federal officials say, Susan Harris and Sharon Moore were allegedly running up the company credit card of Ayudando Guardians to the tune of $4 million by living the life of luxury and paying the American Express bills with client trust money. Then last June, according [- more...]

Sunday April 9, 2017: Are guardianship programs more hurtful than helpful?

April 7, 2017 // 0 Comments

From Sharyl Attkisson’s Sunday program Full Measure, “Are guardianship programs more hurtful than helpful?“ Full Measure is a weekly Sunday news program focusing on investigative, original and accountability reporting. The host is Sharyl Attkisson, five-time Emmy Award winner and recipient of the Edward R. Murrow award for investigative reporting. She is backed by a team of award winning journalists. April 9, 2017: Click here to view the complete Sharyl Attkisson’s [- more...]
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