THE 6 MILLION DOLLAR GUARDIANSHIP HEIST
In review of the guardianship law, we find that the guardianship law was enacted for the protection of the protected person and the protected person’s assets. The Uniform Probate Code states, that the adult guardianship law is to protect the incapacitated person and to protect the incapacitated person’s assets. Using the guardianship law for any purpose other than protection, would be an unlawful and wrongful use of the guardianship law. What we are seeing in New Mexico is the wrongful use of the guardianship law. Instead of using the guardianship law for protection, the guardianship law is wrongfully being used for the removal of assets.
The classic example in New Mexico of the wrongful misuse of the guardianship law, can be seen in the guardianship case of Mrs. Blair Darnell, published in the Albuquerque journal, “Who Guards the Guardians”, by Diane Diamond. During the 6 year period of guardianship, of which Mrs. Blair Darnell was confined to her own home, an estimated 6 million dollars of assets was removed and taken from her estate; an over 5 million dollar horse ranch, 2 homes, 2 trust accounts, bank and savings accounts, art collection, vehicles, social security income and everything else of value. The exact value of the estate is impossible to determine, due to the confidentiality of guardianship. Under New Mexico law, financial accountability and transparency is not allowed in guardianship cases.
In New Mexico’s epidemic of the wrongful misuse of the guardianship law, millions of dollars of assets have been taken away from incapacitated elderly and disabled citizens. In the Ayudando Guardians Company, the federal government uncovered 4 million dollars taken and embezzled from their clients’ trust accounts. In the Desert State life Management Company, the federal government uncovered that 4.8 million dollars was taken from their victims. The federal government has intervened, closed down, and brought charges against Ayudando and Desert State guardianship companies; however, New Mexico authorities, have yet to recognize any wrongdoing or to take any meaningful action against the wrongful misuse of the guardianship law.
The massive amount of assets that have been taken from New Mexico guardianships in the last 20 years, has been appalling and shocking. For a comparison, the largest bank robbery heist in American history was 2.7 million dollars. Both Ayudando and Desert State guardianship companies, taking 4 million dollars and 4.8 million dollars from guardianships, have far exceeded the largest bank heist in American’s history. In the guardianship of Mrs. Blair Darnell, the removal of nearly 6 million dollars of assets was twice the amount of the largest heist in American history. The removal of approximately 6 million dollars of assets from the guardianship of Mrs. Blair Darnell, could be the largest heist in New Mexico history or even America’s history.
Guardianship reform in New Mexico will never be reformed unless the “help-yourself-to-all-of-the-assets” is stopped, wrongfully taken property is returned to the rightful owners and the true protection of the guardianship law is followed.
Concerned Senior Citizen