Guardianship News:

Kelley Smoot Garrett

New Mexico: Editorial – Critical flaws abound in proposed guardianship laws

December 30, 2017 // 0 Comments

Originally published in the Albuquerque Journal on Dec 24, 2017. The Uniform Law Commission’s (ULC) recommended changes to New Mexico’s guardian and conservator laws continues to position judges and their appointees beyond any accountability for actions taken in guardian and/or conservatorship cases. No financial monitoring of the judges, attorneys and professionals is proposed; the word “audit” is not found once in 150 pages of proposed statutes. Instead, existing laws are re-written, [- 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: Elder guardianship aims to bilk more than help

February 29, 2016 // 0 Comments

This is the latest column from nationally-syndicated columnist Diane Dimond, who was raised in New Mexico, and is shocked to find out what her state has done that amounts to court-ordered predation upon New Mexico’s elderly, sick, and infirm.  From Saturday February 27, 2016, Albuquerque Journal: I wrote about the plight of 94-year-old Betty Winstanley, who resides at the Masonic Village retirement home in Elizabethtown, Pa. She doesn’t want to live there anymore. Now that her husband [- more...]