ABA position on Guardianship and ADM–A Reality Check

To better understand the cognitive dissonance between real life guardianship experience and the high minded language used by the legal thought leaders in the USA, it is helpful to read the following from the American Bar Association in 2017 where they resolve to replace guardianship (ostensibly a “last resort”) with Assisted Decision Making:

2017_am_113.authcheckdam (1)

The number ADM cases in America is negligible.

The duality between what victims have experienced at the hands of the for profit “industry” –the experience that informs our narratives– and the official statements of the most powerful organization in the country (ABA) is stunning. If we assume that the majority of judges and lawyers follow these standards and recommendations there are a few explanations for this obvious conflict of ideas and actions.

  1. There are outlier judges and lawyers in an ever growing number of “judicial hotspots” in America  who  have gamed the system into a money making racket that flies in the face of their own official positions.
  2. Guardianship as a “last resort” is unprofitable and therefore shunned
  3. Profit is the primary driver behind abusive guardianship

An outlaw legal racket that is devoid of monitoring or regulation and enjoys judicial immunity for any misdeeds or crimes committed and retaliates against anyone who threatens its power or secrecy is a terrifying reality to innocent Americans.

So the challenge for the ABA is simple–do as you say and take steps to put your words into action. BE the solution, not the problem.