From the comments section on Diane Dimond’s article, Elder guardianship aims to bilk more than help, in the Feb 27, 2016 issue of the Albuquerque Journal, came the best, most succinct description of Judical and Legal abuses known as court-ordered guardianship, from AAAPG member Andreya “Andie” Skupaka.
Please note that while Andie addresses the problem from a New Mexico point-of-view, her words of warning are applicable to ALL 50 States. Be aware, beware, or be there! – AAAPG Admin
Ms. Dimond, those of us who have been victimized by New Mexico’s 2nd Judicial District Court’s guardianship scams are deeply grateful to you for opening the dialogue on “the enormity of the nation’s elderly guardianship problem.” If any of your readers find talk of this guardianship scam too hard to believe, then perhaps a few questions and answers will help.
QUESTION- What do rapists, pedophiles, thieves, and the court ordered for profit guardian / conservatorship industry have in common?
ANSWER- All of the above are PREDATORS. They prey on the sick, the weak, the helpless, the innocent, and the elderly. They are driven by the need for instant personal gratification, greed, and power. They are indifferent to the suffering and devastation they wreck on others. Profiteering guardians / conservators and their attorney’s will stop at nothing to secure and retain a moneyed ward.
QUESTION- I and my elderly loved ones have prepared legal Trusts, Powers of Attorney, Wills, and Advanced Directives. We are safe RIGHT?
ANSWER- WRONG! The public needs to know that there is no such thing as effective estate planning. It is an illusion, it does not exist. Once targeted for guardian / conservatorship, the stroke of a judge’s pen will nullify meticulously executed legal documents such as Wills, Powers of Attorneys, Trusts, and Advanced Directives. Those legal documents which once symbolized a labor of love and a guarantee of security and quality of life for the family will be meaningless and symbols of wasted time, energy, money, and disillusionment. In an instant, those legal documents will become useless paper destined for the recycle bin. And, that is a guarantee.
QUESTION- How does one get sucked into New Mexico’s guardianship system?
ANSWER- No one is safe! New Mexico’s elderly with assets and their families need to know that a single false allegation of abuse, a fall, a drug addled angry relative, or even an itinerant circus clown can petition the court to appoint a for profit guardian / conservator organization to take absolute control over every aspect of their personal and financial lives. The petition will will almost certainly be granted.
QUESTION- Surely there is someone in New Mexico who will help get justice for you and your and your loved one?
ANSWER- The answer is NO. Honest attorneys often decline to get involved. They are all too familiar with the elder fraud and entrapment scams pervading the New Mexico Judicial Elder Exploitation Juggernaut. They fear trumped up sanctions and possible fraudulent disbarment for trying to challenge the status quo. The criminal cartel of corrupt elder law attorneys, guardian ad litems, court visitors, and for profit guardian / conservators (court officials) is a well oiled machine. This is about courthouse cronyism, corruption, collusion, danger, greed, and racketeering. This is about kickbacks, referral fees, exploitation, favors, and substantial wealth for these predators. This is about a powerful group of people with a powerful amount of money and influence destroying powerless families and their powerless elderly loved ones. YOU WILL HAVE NOWHERE TO TURN FOR HELP!
QUESTION- Can’t these court officials get in trouble for lying, presenting fraudulent court reports, and stealing from the elderly?
ANSWER- Sorry, the answer is NO again. No matter how heinous their crimes, all the court officials enjoy and are protected by absolute judicial immunity. The court officials including the judges are accountable to no one.
QUESTION- What can we do?
ANSWER- Thank you for asking! So many things must be done to correct this atrocity but we need to start somewhere.
#1 Demand that all guardianship hearings are UN-sequestered. Now.
#2 Demand that severe penalties including jail time and disbarment are imposed on the miscreant court officials who exploit our loved ones.
#3 Read everything you can about the national crisis of Judicial Elder Abuse. Educate yourselves. Be aware, beware, or be there. The preeminent national advocates for guardianship reform are Marcia Southwick who administrates “Boomers Against Elder Abuse”, Elaine Renoir’s website, “National Association To Stop Guardianship Abuse” (NASGA) and “Americans Against Abusive Probate Guardianship” (AAAPG).
#4 Plead with The Albuquerque Journal to create a section to cover these guardianship / conservatorship stories, the good and the bad. Call local national network affiliate TV stations KOB (NBC), KOAT (ABC), and KRQE (CBS) and demand they start covering the horrific crimes of court-ordered guardianship abuses that are occurring right under their noses in Albuquerque, which despite them having been informed of, they have so far refused – outright – to touch this subject. Who are these news stations covering up for?
The advocates have admirably done their part. It is now time for the media to take charge. It is time for the media to investigate the corruption in New Mexico’s elder law / for profit guardian /conservator racket. It is time for the media to expose this hidden, black-hearted, white collar, social atrocity for the scandal that it is. The time is ripe for the media to thrust guardian / conservatorship fraud and abuse into the spotlight and make the need for it’s reform a hot button political issue.