Guardianship News:

Judicial actions

New Mexico: Plaintiff in guardianship case wants the judge to step aside

May 22, 2017

By Colleen Heild / Journal Investigative Reporter Monday, May 22nd, 2017 at 12:05am The daughter of a deceased Albuquerque author suing a commercial guardian and conservator firm is questioning the impartiality of the judge in the case, citing in part his appearance in April with representatives of the guardianship industry at an Albuquerque Lawyers Club panel discussion. Attorneys for Leonie Rosenstiel are asking District Judge Alan Malott to recuse himself from presiding over her lawsuit [- more...]

New Mexico: Courts decide to obey the laws and post names & dockets of guardianship cases

May 13, 2017

ALBUQUERQUE, N.M. — A commission appointed by the New Mexico Supreme Court to study the state’s system of adult guardianships voted Friday to require that docket sheets are posted on a public website. Dockets, which provide basic information about guardianship cases, filed in state court will appear on the court’s official website, www.nmcourts.com, starting May 23, the New Mexico Adult Guardianship Study Commission decided. Most records, reports and evidence are confidential under state [- more...]

Essential bias and abuse of process in the courts

May 11, 2017

Why are judicially ordered exams of potential wards/victims called “incapacity” determinations rather than “capacity” determinations? Why is hard proof of a ward’s capacity submitted to the court called “a suggestion of capacity”? Why are so many court examiners’ reports so often identical as if they were copied and unanimous in favor of total incapacity? Why does guardianship legislation allegedly intended to limit the court’s enormous [- more...]

New Mexico Editorial: State Supreme Court makes right move in guardian system review

March 31, 2017

By Albuquerque Journal Editorial Board It’s encouraging to see the New Mexico Supreme Court recognizes the need to review the state’s troubled system designed to protect individuals deemed by the courts to be “incapacitated” and placed under court-appointed guardianship, conservatorship or both. Chief Justice Charles Daniels says he and the other four justices plan to appoint a commission to undertake a comprehensive study of the issue – including public hearings – that will inform [- 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...]

Communication with New Mexico Chief Justice Daniels

March 23, 2017

March 23, 2017 Most Honorable Chief Justice Daniels Please accept my sincere thanks for taking a moment to read this e-mail. I am the founder of the national organization Americans Against Abusive Probate Guardianship http://www.aaapg.net. Recently, New Mexico victims created the independent affiliate chapter www.aaapg.net/NM. It is my understanding that you graciously attended a town hall meeting last evening in which my esteemed colleague Kelley Smoot Garrett presented the [- 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...]

Nevada: Attorney indicted on theft and exploitation of the elderly charges

January 5, 2017

CLARK COUNTY (KTNV) – A Grand Jury secured an indictment against attorney Robert Graham on Tuesday. He faces three counts of theft and three counts of exploitation of an older/vulnerable person. Two counts of destroying evidence were also included in the indictment. RELATED: Local attorney abandons clients, according to Nevada State Bar Graham faces 1-10 years for each theft charge, 2-20 years for each exploitation charge, and up to 364 days in jail for destroying evidence. The District [- more...]

Florida: Case after case of abuse and criminality in Palm Beach FL from just one “guardian”

December 14, 2016

At least $400,000 is missing from the life savings of an incapacitated senior assigned to professional guardian Elizabeth Savitt — wife of Circuit Judge Martin Colin, the senior’s former lawyers claim in court documents. Savitt received the guardianship appointment just a few months before she paid off a $308,000 foreclosure judgment on a Delray Beach home, days ahead of the auction block. The former attorneys for 86-year-old Frances Berkowitz accuse Savitt of “wasting, embezzlement [- more...]
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