Guardianship News:

New Mexico

New Mexico: Guardianship firm seized by marshals

July 20, 2017 // 0 Comments

By Colleen Heild / Journal Investigative Reporter Wednesday, July 19th, 2017 at 11:45pm A Final Four basketball junket. Caribbean cruises and other luxury vacations. Purchases at an Albuquerque RV Center and a Mercedes-Benz dealership. The alleged lavish spending by the co-founders of one of the state’s largest nonprofit guardianship firms was financed out of the accounts of their special needs clients, according to the U.S. Attorney’s Office. And on Wednesday, a multiagency federal task [- more...]

NEWS FLASH!! NM Guardians indicted!! Massive Fraud!!

July 19, 2017 // 2 Comments

This level of corruption is shocking, not just that Ayudando guardians stole millions from vulnerable New Mexicans, but that the NM Judges never even cared to keep tabs on them (as they are required to do). Is it possible they had some incentive to keep appointing them as guardians? Let’s hope this first major indictment is not the last and that the investigation goes to the heart of this American rape of justice–the [- more...]

New Mexico: Turning the Law against the innocent

July 6, 2017 // 1 Comment

Turning a corrupt Judiciary against Citizens The Desert State Life Management Scandal in New Mexico is an excellent example of how a judicial system charged with protecting the lives and assets of seniors has not only failed miserably to do so, but has used its authority and endless decision-making latitude to actually turn the law against the vulnerable innocent citizens of New Mexico. As yet another example of the probate racket having completely overtaken any semblance of judicial propriety [- more...]

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

May 22, 2017 // 0 Comments

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 // 0 Comments

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...]

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

May 13, 2017 // 1 Comment

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...]

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

March 31, 2017 // 0 Comments

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...]

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

March 31, 2017 // 0 Comments

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 // 0 Comments

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: State Supreme Court wants review of state’s guardian system

March 26, 2017 // 0 Comments

The state Supreme Court is forming a commission to look into issues surrounding New Mexico’s system of court-appointed guardians and conservators for incapacitated people. Chief Justice Charles Daniels told the Journal on Friday that he and the other four justices want the commission to do a comprehensive study of the issue and inform the court of its findings after holding public proceedings. “We’re in the early stages of creating a mechanism or a board or commission to look into the [- more...]
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