Guardianship News:

Will Dr. “Buzz” Aldrin be ruled incapacitated?

 

There are currently 49.2 million Americans aged 65 or older, and this number is expected to grow (referred to by many as the “Silver Tsunami”). Of this population, 1.3 to as many as 3 million (or more) individuals are in guardianships. These guardianships affect successive generations and their proper expectations of inheritance so that the total number of people involved in subject to the consequences of guardianship could be as high as 30 million.

And as John Oliver pointed out in a recent episode of his “last week tonight show”, there can be devastating abuses of the system from court insiders who profit greatly from family dysfunction and even mild mental decline by exploiting the law to divert all the assets of an allegedly incapacitated person away from intended inheritors and into the pockets of the court insiders like lawyers and guardians.

In New Mexico alone recent indictments against Ayudando guardians have revealed massive fraud and diversion of millions of dollars that were supposed to take care of the most vulnerable in our society under their care. Another indictment in New Mexico with Desert Trust owner Paul Danisthorpe expose that he misappropriated multiple millions of dollars intended for the care of wards. Other cases in Nevada, Florida and a host of other states reveal a pattern of guardianship abuse and exploitation of massive proportions. Very few Americans have any inkling of the danger posed to them by this judicial process.

Dr. Buzz Aldrin, of satellite Beach Florida aged 88, a wealthy American icon and the “second man to walk on the moon,” had sued his former business manager and two of his children claiming that they misused his credit cards, improperly converted his funds, and falsely characterized him as experiencing “cognitive decline”.

Aldrin’s freedom and assets were placed in jeopardy when, in apparent retaliation for his initial lawsuit, his children filed an incapacity proceeding in a Florida court, by alleging that Aldrin suffers from memory loss, delusions, paranoia, and confusion. Aldrin’s children are seeking legal guardianship over their father’s person and his considerable property, including the operations of Aldrin’s private company, Buzz Aldrin Enterprises, and his nonprofit foundation. They allege that Aldrin is associating with new friends (especially female companions) who want to alienate Aldrin from his family, and that he has, especially in his amorous relations gotten out of control.

Aldrin maintains that he is fully competent. In April, Aldrin chose to be examined by a private physician who concurred, but he is presently awaiting review by a court-appointed three-person incapacity determination panel. If he is deemed competent by all three examiners, the proceeding will be terminated; however, if two of the three examiners claim that he is incapacitated, a guardian will be appointed by the court.

The appointed guardian may not be someone of Aldrin’s choosing, and could be a private professional guardian, who may charge substantial fees for their services as is so commonly the case with wealthy individuals. That situation is extensively described and discussed in a recently released book by Dr. Sam Sugar, “Guardianships and the Elderly — The Perfect Crime”.https://tinyurl.com/ycdckogz

Family dysfunction and disagreements over how aging parents spend their money or handle their personal affairs are common– thousands of new guardianships are created in every state annually. Legal redress of these issues can be enormously expensive and can drag on for many agonizing years gradually depleting the estate by virtue of unending enormous legal bills.

In theory, preparing and executing advance directives, such as a Durable Power of Attorney for financial management, and a Designation of Health Care Surrogate for medical treatment-related decision-making should protect against unneeded or unwanted guardianships.

Unfortunately, even with perfectly prepared advance directives, the system can fail if a probate guardianship judge chooses to ignore those advance directives for any reason. According to polls taken by the advocacy group Americans Against Abusive Probate Guardianship founded by Dr. Sam Sugar , this happens frequently and is the number one complaint of guardianship victim families across the country. When it happens, a professional Guardian is appointed and the family loses all control over the Ward and his or her assets and often the family is prevented from even talking to or visiting with their parent.

The Aldrin case is an example of how even a national icon can lose all their civil rights in unneeded or unnecessary guardianship. Even though all the state laws indicate the guardianship should be the last resort it is often the first resort when cases like this are presented to a probate judge.

Initially Aldrin was represented by Attorney Robert W Bauer of Gainesville Florida, but as of this writing Mr. Bauer is no longer representing Buzz Aldrin.

The decision on Buzz Aldrin’s future and his legal status as capacitated or incapacitated as determined by the three-person examining committee is in the hands of chief judge of the 18th judicial circuit of Florida judge John Harris.

 

5 Comments on Will Dr. “Buzz” Aldrin be ruled incapacitated?

  1. Augustae Jones-Watkins // August 2, 2018 at 3:05 pm //

    You may not have money, only your house. Probate Court will will have a procedure to take that, and any other property. The judge just signs his name as holder of your property. See Huntsville, Al.

  2. This is an excellent, dispassionate review of the considerable legal & personal peril one “enjoys” when one is trapped in a Guardianship proceeding. And it can happen to anyone, not just the “rich & famous” 🙁

  3. Kathleen Joy Morris // August 2, 2018 at 7:35 pm //

    All the more reason to fight and expose the evil. It is not the time to “throw in the towel”. Hitler’s regime was just as evil and would have never been overthrown if we just say “oh it is no use, the government is backing this corruption, has even devised it so what can we do?” That is not the attitude to take. We are up against egregious evil here with this guardianship racket, and it is not the time to throw in the towel. I am from Michigan which is the most corrupt state in the country with guardianship’s. Michigan’s corrupt probate judges appoint more guardians than any other state that includes the corrupt state of California which is 3 times the size! What is in it for them? Money.. big bucks! Michigan has more fake brain injury rehabs than any state in the country and guess what??? They are filled to capacity with “wards of the state” for which a ring of organized crime profiteers steal multimillion dollar accident settlement money from their wards of the state, after incarcerating them in fake so-called brain injury rehabs which are only licensed as foster care homes! The State is all knowing of this as is the Federal government. How they divi out the money God only knows that, but one thing for sure is the injured victims don’t see a penny of their money. I know personally several such victims, who were placed under guardianship’s after their unfortunate accident’s (falling under Michigan corrupt No Fault Auto Insurance MCCA), then the judge who signed their rights away court ordered them to be placed in a facility licensed to treat head injured. Which is a fake as these facilities carry no such license!
    The probate judges are the ring leaders in this organized crime racket. They proclaim anyone who fights their corruption as being “mentally ill”. A cheap shot for sure! A trick as old as the Bible!
    What are we to do about it? We are to work together and fight the corruption. If we fold at resistance than we are part of the problem. I know of many who were “bought off”. Yes, offered a nice sum of money to stop the fight and be sworn to silence. Those person’s who have resorted to bribery will pay for it in the end. God says, “woe to those who accept bribes against the oppressed!…” We need to speak up, protest, and fight against this abuse of justice,
    as we could be next on their hit list and who will speak up for us if we do not speak up for the rights of the oppressed.. Guardianship is the highest form of oppression known to mankind. People need to wake up and open their eyes before it is too late!

  4. Harry Scott Boggs // August 5, 2018 at 4:08 pm //

    It’s getting to the point, Dr. Sugar, that you or somebody at your server or all your members will have to arrange for international translations of all this incredible (often irritating or lamentable) news from the front lines of all-things-probate. I am currently hosting a young couple from Shanghai in my home; they happened to attend at a 2017 book signing in their country for a Chinese author who surveyed various segments of American civil law. They said that not one iota of probate jurisprudence was brought forth in that tome! Lanlan and Jiang were thunderstruck to even hear of such a thing as Mental Health Probate Law and will now be looking into it even deeper. In east Asia, the ancient systems of elder and disabled welfare and property inheritance has been completely the province of family/clan dynamics. India has been managed by caste and clan. Britain and the West has its Common Law. Up and coming millennial superpowers haven’t the traditions nor the statutes not the jurisprudence in place to sort out and satisfactorily cope with the tangled mess of clan assets gained by rising middle and wealthy classes. AAAPG.Net is poised to help billions of unsuspecting global citizens!

  5. Victims: up your game, get better at it year over year, practice, persist, keep it simple shithead – KISS.

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