Guardianship News:

Lack of Due Process

Q and A with Dr. Sam Sugar

June 26, 2017

Q&A with Dr. Sam Sugar June 26, 2017 Q&A with Dr. Sam Sugar June 26, 2017 What is the current status of the guardianship crisis in the United States? Sad to say, the more we look the more exploitation and corruption we find. In nearly every state there is a well-oiled, unfettered and unchallengeable system in place that routinely utilizes existing laws designed to protect vulnerable people in our society to instead exploit and abuse them. This court based system puts older Americans [- more...]

Pinellas County Abuser Arrested FINALLY

June 23, 2017

Gutierrez Arrested in Pinellas AAAPG is proud to announce that a predatory guardian has been arrested for just two of his many crimes against the defenseless elderly in Pinellas County. AAAPG described the scam that was being used against elderly nursing home residents to become their personal representative and proceed to bleed them of every penny of their meager monthly payments from the state or Social Security while leaving them to rot in misery.The Pinellas Scam The arrestee, Fernando [- more...]

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: Guardianship Commission votes to have judges obey the laws

May 14, 2017

Note: In New Mexico, there exists both 1) Rules (NMRA 1-079 (D) (7), (9); NMRA 12-314 (C) (9), (12)) and 2) Statutes (NMSA 45-5-303 (I); NMSA 45-5-407 (M)) (since 1953) that allow the public’s access to information in both guardianship and conservatorship cases: 45-5-303 . Procedure for court appointment of a guardian of an incapacitated person. …. I. A record of the proceedings shall be made if requested by the alleged incapacitated person or the alleged incapacitated [- 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...]

The Playbook –revealed

April 30, 2017

Professional Guardianship Abuse Playbook Adapted/modified from multiple sources and real cases “Guardianship is about money and only about money”—a direct quote from the Florida Court Examiner Training Manual Video   The following is the playbook court insiders and private guardians use to abuse wards and families and steal funds from the seniors the Probate court appoints them to protect. It is based on real life experiences and testimony of many hundreds of victims in Florida and [- more...]

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...]

Rhode Island: Rita Cole’s story

April 1, 2017

TO: Judge Christine Engustian of the Richmond Probate Court and her managers, The Town Council of Richmond, Rhode Island. Ms. Rita Cole, 90, resident of Cincinnati, OH, conscripted into guardianship in Rhode Island, Case No. 2016-15 had a net worth of $225,000 in May 2016 when attorney R.J. Connelly, III involuntarily conscripted her into guardianship. Rita was in Rhode Island visiting family and had Connelly modify her estate documents where he gained access to all her critical estate [- more...]

New Mexico: Albuquerque Journal, state’s largest newspaper, joins lawsuit to end sequestration of guardian mismanagement case

March 31, 2017

Annette Rosenstiel lived to be 101 years old. But what happened to her and her assets during the nine years before her death in 2012 is mired in court-ordered secrecy that is opposed by her only child. Annette Rosenstiel, an author who was married to New York financial heavyweight Raymond S. Rosenstiel, had been the ward of a for-profit guardian/conservator, Decades LLC of Albuquerque, since about 2003. After her death, Annette’s daughter and personal representative, Leonie Rosenstiel, filed [- more...]
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