Guardianship News:

Lessons taken from our national survey of abusive guardianship

 

Our 2015-16 national survey of victims of abusive guardianship has been completed. In addition to the initial 46 responses, 23 new victims from 15 individual States across the country completed the questionnaires recently and their responses were tabulated.

Each of these respondents represents families who identify themselves as victims of abusive guardianship.

The following is an analysis of several selected survey responses.

65% of all these Guardianships lasted more than one or two years, many for his longest four or more years.

30% of Guardianships are switched from public to private guardianship and back. This tactic is used by abusive guardians and their attorneys to maximize their cash flow since in many public guardians for destitute individuals are prohibited from selling any property the Ward might own. In switching back and forth between public and private guardianship the predators guarantee that they will take every possible dollar from every possible source.

83% of families were available and volunteered to care for the Ward before /guardianship was imposed but were denied the privilege because of family dysfunction.

Estate values varied widely from minimal to more than $5 million.

57% of respondents did not know the value of their ward’s estate at termination of guardianship because the information had been withheld from them.

75% of these ultimate wards had advance directives in place prior to guardianship

100% of those advance directives were ignored by the court in the rush guardianship.

100% of respondents believed that the judge in their case was not acting in the best interest of the Ward

83% of respondents believe the judge was improperly influenced

57% of the wards were isolated from their family by the Guardian

48% of wards endured chemical restraints

60% of the permanent Guardianships began with emergency temporary Guardianships

65% of respondents believe the judge was responsible for the abuse in their case

95% of respondents believe their family has been destroyed by the guardianship

100% of respondents felt they were not properly informed about the assets of the Ward during guardianship

95% of all respondents felt they were not properly advised about the status and well-being of the Ward during guardianship

83% of the Guardianships were plenary

70% of respondents indicated that court records were not readily available to them

0% of responders indicated they felt that guardian bills were proper or correct or accurate

91% of respondents indicated that there was a lack of adequate court monitoring over the guardianship process

100% of respondents indicated that the court failed to adequately monitor lawyers and guardians

96% of respondents were not aware that probate/equity courts work differently from courts of law

0% of respondents believe that legal fees charged in the proceedings were appropriate

70% of the Guardianships paid legal fees to three or more Lawyers

96% of respondents believe that they were the victims of staged litigation

83% of respondents believed that hearings were not held in a timely fashion during the Guardianship

100% of respondents indicated they had suffered some sort of emotional, spiritual, physical or psychological injury as a result of the guardianship

Commentary:

The findings in this latest batch of survey responses are entirely consistent with prior findings. They continue to support the notion that guardianship is a national epidemic that exists in nearly every state. The results indicate that although guardianship laws are state based, there is a racket in place that functions almost identically from state to state. This racket is unfettered, growing, predatory, and operates with absolute impunity because of the involvement of elected judges who function without supervision or monitoring or juries.

The responses and statistics paint a picture of utter devastation of individuals and families perpetrated by a predatory greed-based national system of illegitimate guardianship. By any definition this is an illegitimate and legal racket that tramples on the Constitution of this country, destroys due process, annihilates families, and spits in the face of our American notions of fair play, civil rights and justice.

Media inquiries are welcome by email at drsam@aaapg.net or by phone to 855 913 5337 x101

Part 2016-17 survey will be announced this fall.