Guardianship News:

Financial cost of guardianship

Rhode Island: Richmond probate judge asks whether lawyers are taking too much from woman’s estate

April 19, 2017

By Tom Mooney Journal Staff Writer RICHMOND, R.I. — A contested probate case is raising questions about how a 90-year-old woman from Ohio became involuntarily committed to a Rhode Island assisted-living facility. The case of Rita Cole, of Cincinnati, has attracted the attention of an advocacy group called the Americans Against Abusive Probate Guardianship, which — along with a relative and friend of Cole’s — alleges that a court-appointed guardian had Cole committed to a Providence [- more...]

Pennsylvania: the tragic case of mentally-competent Betty Winstanley

April 9, 2017

by Sharyl Attkisson/FullMeasure.news 04/09/2017 — Sharyl: Court-appointed guardianships for incapacitated adults can do a tremendous service protecting their assets, fielding family feuds, and making difficult decisions. But some elderly feel victimized by the very system tasked with protecting them. One estimate in 2013 found 1.5 million adults were under court-ordered guardianships controlling $273 billion in personal assets. Complaints appear to be growing but it’s impossible to know [- more...]

Opinion: It’s all about the money in probate

March 31, 2017

Who makes money when a judge orders a person – usually an older woman – into professional guardianship? Who makes money when the judge makes the discretionary, and radical, decision to revoke and not honor a ward’s perfectly executed existing legal documents including powers of attorney, trusts, property ownership that were written and signed while the ward still had mental capacity? According to research conducted by Americans Against Abusive Probate Guardianship, 95 percent of the time [- more...]

New Mexico: AG Balderas and DA Torrez – follow Nevada’s lead and investigate court racketeering in guardianship

March 22, 2017

Calling on New Mexico Law Enforcement Attorney General Hector Balderas and Bernalillo County District Attorney Raúl Torrez Follow the lead of Nevada: Impanel Grand Juries to investigate criminal activities committed by guardians and their attorneys 2. Investigate District Court Judges who have approved property  sales by their appointees at below-market value   Notes from the March 22, 2017 Albuquerque Journal Townhall meeting: Here is a copy of the brochure that was handed out at the [- more...]

New Mexico: another guardianship horror story from Valencia County

March 17, 2017

Who Guards the Guardians: Family laments mom’s fate under court guardianship By Colleen Heild / Journal Investigative Reporter Published: Sunday, March 12th, 2017 at 12:05am At the age of 91, Mary Louise Terry was getting by on food stamps and monthly Social Security checks, living under the care of her son in her home of 11 years on Belen’s main street. But a $100,000 insurance windfall Terry inherited after that son died in May 2015 marked the beginning of the end of her stable family [- more...]

Nevada: 4 indicted in unprecedented guardianship abuse case, April Parks arrested in Pennsylvania

March 10, 2017

UPDATE MARCH 09: April Parks was arrested by local police in East Goshen Township, PA. The Westtown-East Goshen Regional Police Department charged Parks with being a fugitive from justice and she was arraigned.  Her bail was set at $500,000 dollars.  Parks was remanded to Chester County Prison pending extradition to Clark County, Nevada. ORIGINAL STORY LAS VEGAS (KTNV) — What started with a Contact 13 investigation has led to hundreds of felony charges against four suspects for the [- more...]

Beware the Medicaid pooled trust scam

February 21, 2017

One way that predatory guardians and their lawyers make sure their outrageous fees get paid is to avoid paying legitimate medical care costs during the lifetime of their Ward. This scam involves the creation of something called the Medicare pooled trust which in essence allows a person with some assets to receive State Medicaid benefits (at the expense of state taxpayers) even though that person would not actually qualify for Medicaid benefits by virtue of their level of assets being too high. [- more...]

Federal: U.S. Senate Bill 178, the Elder Abuse and Exploitation Prevention and Prosecution Act

January 26, 2017

U.S. Senate Bill 178, the Elder Abuse and Exploitation Prevention and Prosecution Act, was introduced by Senator Chuck Grassley on inauguration day, January 20, 2017. Although the text has not been released this appears to be the reintroduction of Senate Bill 3270 from the 114th Congress. The introduction is consistent with Grassley’s 114-230 report building a budget for the bill. Grassley estimates budgetary needs of $8-9 million a year to implement the program. Based on the $10 billion a [- more...]

Perspective

January 19, 2017

Lessons learned As I reflect on the experiences of the last several years as an advocate for victims of guardianship abuse, it is fair to say that I have gained a certain perspective on the breadth and depth of the guardianship crisis in the United States. Perhaps the most important one is that it is a crisis of major proportions affecting large numbers of families in essentially every state. Despite the enormity of the abuse, the nature of the crisis is essentially unknown to the vast majority [- more...]
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