Probate abuse takes a number of forms.
The original sin of probate abuse is to claim that an individual who does not need probate protection is incapacitated in some way. Once that request is in front of the judge along with the hysterical pleadings of a hired gun lawyer that there’s danger of an imminent nature to the Ward, the system is designed to nearly guarantee that he emergency measures including an emergency temporary guardianship will ensue and that he perfunctory examinations by pseudoscientific court crony practitioners of one form of medicine or psychology or another will with certainty result in a unanimous opinion that the alleged incapacitated person is indeed incapacitated.
The term incapacitated is fluid. It has no definition. It has no scientific basis in fact. In truth, incapacity can mean anything you want it to be. But being declared incapacitated immediately guarantees that your civil rights and human rights will immediately be stripped and what was a human being becomes a piece of property.
Once under the control of the new master whose primary issue has nothing to do with your well-being, but only to do with stealing as much of your assets as possible with total disregard for your health or happiness, all kinds of abuses naturally follow. To name just a few, you may be placed under guard and not allowed to leave your residence. The money you have saved over your lifetime will be spent by lawyers who are fighting your loved ones for control. You may not be allowed visitors of any kind. You may not be allowed telephone or e-mail communication. it is likely that your taxes will not be paid in a timely fashion, that your Social Security benefits will be diverted into the pockets of guardians and that your properties will not be managed correctly.Your mail will be confiscated and you will be charged every day to open your mail as much is $75. You will be charged by the minute for every e-mail or telephone call made to the Guardian or their lawyer. You may be forcibly removed from your residence to a nursing home where you know no one and will be terrified. When you cry out you may be overmedicated with atypical antipsychotics which will turn you into a drooling zombie in 48 hours. You will be fed cheap non-nourishing nursing home slop and your health will suffer. You will not be allowed into the sunshine so your bones will become brittle. You will not be allowed to exercise. You will have no spending money even though you may have been a billionaire before. Attendants whether private or nursing home based have been known to be sadistic and you may be pummeled by them if your presence makes them irritated or work harder–this physical abuse can range from bruises to broken bones to concussions and worse.
in the meantime family members who are forced to resort to litigation in an attempt to save the lives of their loved ones are forced into endless litigation called staged litigation which can go on indefinitely and bankrupt not only the Ward at the family members well. This is called legal abuse syndrome a form of PTSD.
Extended family members watch helplessly as their legitimate inheritances disappear. Legitimate expectations of intergenerational wealth transfer are dashed and lives are changed.
The stress of endless staged litigation takes its toll. Stories of profound depression, physical ailments, homelessness, and severe psychiatric disturbances are all too common.
And it all starts with one lie from a fee hungry lawyer to an all too eager probate judge.