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The 10 big lies of probate guardianship

After being involved in literally thousands of guardianship complaints over the years, and it really didn’t take that long to figure it out, there emerges a clear-cut pattern of deceptive behavior that occurs routinely and regularly in probate courts across the country. These actions, part of the probate guardianship playbook, are perverse, evil, and completely contrary to what American justice is supposed to be.

For the uninitiated here is a list of the top 10 malignant actions of the probate court guardianship system.

1. This is in the best interest of the Ward. Nothing could be further from the truth, but this is the gaslighting excuse put forth by the leeches and court insiders to justify their pillaging of an estate and their rapacious greed with endless fee requests to the court over and above their outright theft. Guardianship is almost never in the best interests of the ward but it is in the best interests of the court insiders. It is all about money and only about money.
2. The truth matters. With secret ex parte meetings but without juries, rules of evidence, rules of procedure and other constitutional safeguards in place, the truth is what the court insiders say it is. And they call anything that benefits them the truth no matter how much harm it does to anyone else and the justice system.
3. The lawyer you hire can be trusted. In contested guardianships, the average number of lawyers that a litigant goes through over the course of the case is six according to a survey performed by AAAPG.  Probate litigation specialists are experts in prolonging litigation and getting their undeserved fees. They charge exorbitant fees , but do not be fooled– they are not working for you– they are working for themselves and the system and even though you’re paying their bills or the estate is paying them, their primary interest is in themselves and they will stoop to any level of gaslighting, chicanery, deception, bullying, and outright haughty professional thuggery to continue charging. The minute you stop paying them they drop you like a hot potato because they may have been working for the other side all along. While this is not true 100% of the time it is true enough often enough to justify its inclusion in this list.
4. Incapacity. This made up undefined and fluid term can mean anything a judge wants it to mean from being in a vegetative state to needing help with your taxes. If you are marked for destruction by the probate court any flaw in your performance as a functioning American will be used against you and called incapacity. Incapacity is determined from a medical perspective even though there is no such official medical diagnosis and physicians generally have no expertise in determining judicial incapacity. Incapacity is a legal status conferred upon an individual on the basis of the subjective opinion of a judge with no experience training or bona fides in neuropsychiatry. The entire concept is a legal sham.
5. Lawyers don’t lie. Lawyers lie for a living. They are expert liars. They are never under oath and the court assumes that every word that drips from their mouth is absolute truth when the opposite is often the case. In probate, lawyers will lie to win and sometimes lie to lose on purpose. They lie in their allegations, they lie to their clients, they lie to the bar and do not deserve the trust that unsuspecting naïve clients place in them.
6. The court is just and unbiased. The function of the probate guardianship court is not to prevent guardianships but rather to create them. There is an enormous amount of money to be made for all the court participants and the court itself by the initiation and perpetuation of endless litigation in probate matters. Not only does the court have a bias towards the creation of more guardianships, it utterly fails in its other primary responsibility to monitor them and prevent abuse. Judges excoriate pro se litigants for daring to violate their norms of behavior. They routinely engage in illegal and preferential ex parte meetings with their buddy lawyers. Judges rule from their high perch immune from any criticism or challenges and their primary goal is to clear their dockets so that they can go out and enjoy their leisure time and ill-gotten gains. Once elected. it is nearly impossible to get rid of a judge and his essentially lifetime appointment.
7. There are effective ways to complain about what’s happening in probate court. Nonsense. The system is arranged so that complaints to any one of the various administrative organizations that have their finger in the guardianship pie will be ineffectual and a frustrating waste of time. The process of evaluating complaints automatically rejects 3 out of every 4 complaints on subjective arbitrary grounds they create. The list of organizations and agencies that are supposed to ride roughshod over guardianship but fail to do so effectively include, but are not limited to, the following: office of public and professional guardians, Department of elderly affairs, Inspector General’s, ombudsman, Atty. Gen., states attorney, Bar Association, judicial qualifications commission, state investigative alliance, district courts of appeal, Executive office of the Governor and many others. The press will publish egregious guardianship abuse stories and complaints from time to time but the stories never have legs and there is pressure on the media not to report anything negative about the court. While there are reporters who taken on the challenge of long-term reporting on guardianship abuse they are few and far between and they are constantly under pressure to turn away from such stories. Bottom line, there is no effective mechanism to complain about guardianship abuses.
8. You can prevent a guardianship by having proper advance directives. If only that were true. The courts routinely negate and toss perfectly constructed advance directives for any reason they choose if it suits the purposes of the court insiders. In fact, if you are marked for destruction, you will be in a guardianship no matter how well you’ve tried to avoid it. Once conscripted into a guardianship, it is essentially impossible to escape except in the rarest circumstances and only with enormous effort, cost and pain. Guardianship is designed to last a lifetime.
9. Plenary guardianship is usually required. In English, plenary guardianship means that one human being owns another who is subservient to them and dependent on them. This absolute control over another human being attracts predators to the guardianship system and they thrive within that system because they are never closely supervised or monitored. Less intrusive arranegements are disdained because plenary guardianshis are easiest for the court.
10. Families are the cause of guardianship abuse. This mantra which has been so often repeated by court insiders makes families the scapegoat for a system of court-based abuse. There is only one individual responsible for creating a guardianship and that is the probate court administrative judge. American families are often dysfunctional. But they are the victims of this perverse system because court predators recognize that family dysfunction opens the door to their ability to create endless litigation, create many more problems than they solve massively profit from another family’s misery.

Every American is a potential victim of this scheme. This is especially true for families with aged individuals who are prone to degenerative conditions including dementia and other infirmities. You might be one of the lucky ones who never has personal experience with this perverse system. But as the population ages the likelihood that you are a family member will be involved personally or know someone who is taken into guardianship increased daily. It’s for that reason that you need to educate yourself about the pitfalls and dangers that can befall you in a split second and before you even know what’s happening your loved one is taken from you forever and so is everything they ever owned. You can learn more at our website www.aaapg.net and by reading my book “Guardianships and the Elderly the Perfect Crime available on Amazon https://www.amazon.com/Guardianships-Elderly-Sam-MD-Sugar/dp/0757004334/ref=sr_1_1?crid=3FWE02S3E4ID2&keywords=guardianship+and+the+elderly&qid=1657626579&sprefix=guardinaship%2Caps%2C423&sr=8-1

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