Guardianship News:

Unconstitutional laws/behavior

New Mexico: Turning the Law against the innocent

July 6, 2017

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: 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...]

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

April 7, 2017

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...]

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

March 26, 2017

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...]

Court-ordered guardianship: “Legalized exploitation of the elderly”

March 25, 2017

Where is accountability for guardians’ actions? By Diane Dimond / Crime and Justice In my continuing effort to inform readers about what can happen when a family asks a judge to decide a dispute over what to do with their aging parent — may I call your attention, please, to the state of Nevada? The Sagebrush State spawned a court-appointed guardian to beat all others! Elder care guardian April Parks has now been slapped with a 200-count indictment charging her – along with her business [- more...]

New Mexico: Who’s guarding the guardians? Part 1 of 5

November 27, 2016

Editor’s note: Investigative journalist Diane Dimond, whose weekly syndicated column on crime and justice appears in the Journal, is preparing a book on the nation’s elder guardianship system. It’s a system designed to protect the elderly from the unscrupulous. But as Dimond discovered, it can be dominated by a core group of court-appointed, for-profit professionals who are accused of isolating family members and draining the elders’ estates. New Mexico is no exception. This is the [- more...]

How the Courts Subvert Justice–Texas Style

September 24, 2016

This brief tells the story of how reporter Juliette Fairley and her family were denied justice in a Texas probate court Appellant’s Brief Fairley File Stamped May 6, 2016 You can track the progress of Juliette Fairley’s appeal by following the case docket for Texas’ 4th Court of  Appeals, Case No.: 04-16-00096-CV Update: As of August 30 2016, the 4th Court of Appeals denied Appellant Juliette Fairley’s request for Oral Arguments, stating: …has determined that oral [- more...]

Open Letter to Jetta Getty from AAAPG Member T. Lyles

May 10, 2016

This is a public letter written by an AAAPG Member to former President of the Florida State Guardianship Association, Jetta Getty, and to Jason Nelson, Director of the newly-created Office of Public and Private Guaridanship in Florida. This office was created as a result of AAAPG sponsored legislation this year in Florida Senate Bill 232. Mr. Nelson/Ms. Getty: I hope that you can read and digest the comments that I am about to make below because my voice is one of TENS OF THOUSANDS who have [- more...]

Root Cause Analysis of Abuse Process

April 11, 2016

To find solutions we must thoroughly understand problems. This paper is intended to discuss the root causes of guardianship abuse which appears to be widespread throughout the country and on a dramatic upward arc. After analyzing several national surveys performed by AAAPG and hundreds of personal stories from victims and families throughout the country and realizing that these stories are only from individuals who have the courage to speak out and that the vast majority of these cases remain [- more...]
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