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| OVERVIEW AND ABUSES |
    "We hold it to be a fundamental position, that the people have understanding enough to know their interest, and to take care of it. The legitimate object of all governments and laws, therefore, is, to protect men from the force or fraud of others, and not to protect them against themselves. This the law cannot do; and, wherever it assumes this sort of guardianship over men, it degrades and corrupts them without rendering service. How many laws would be expunged from our code, if the doctrine now advanced were more regarded? George Hay - Speech Delivered in the Legislature of Virginia in the Session of 1816-17 TELL YOUR STORY We are attempting to gather information on public and private guardianships. Over and over, we are hearing tales of horror and woe associated with involvement with and within these guardianships. Family members are being removed under the doctrine of "best interests" from family on exxagerated and false charges. Family can do no right. These guardianships can do no wrong and are not held accountable for abuses or funds. The elderly person's sitituation does not get better, in fact, notably, conditions worsen to a marked degree in a short period. Loved ones can do nothing. The elderly's money disappears at an alarming rate. There is no accounting of the funds to family members. Protective laws are ignored. No attorney can or will help. Family members seek help but issues sit in attorneys office and nothing is ever done. Meanwhile the elder person suffers, family members are treated e as criminals when they try to help. The abuses of the guardianship is overlooked by the judicial system, whereas family must tow the line to a completely different standard of behavior. People are robbed of their life savings and die in poverty and in abusive conditions. No one can or will help. Meanwhile, as the elderly persons suffers, family members suffer, third parties are gaining financially from this horrible mess and great abuse. OVER AND OVER AGAIN, THIS APPEARS TO BE MORE OF A RACKET THAN A SINCERE ATTEMPT TO HELP THE ELDERLY. Oftentimes, it is a matter of merely educating family on guardianship or care but this is usually not the option. Once in these guardianships, family members and loved ones are not allowed to see the records. Thus, these guardianships are protected from any checks and balances on their actions. The legal system seems to be ignoring this very serious situation and those attempting to bring awareness are attacted and villified. Please tell your story. gracechild_3@hotmail.com  UARDIAN WATCH ATIONAL GUARDIANSHIP ASSOCIATIONA national organization that provides information and resources to members. The site includes sample newsletter and other links, as well as a resource for literature pertaining to guardianship,   COPPACARERS OF PROTECTED PERSONS ASSOCIATION AUSTRALIA "COPPA's work is to provide counselling, mediation, advocacy and disability self-help support for family members, friends and domiciliary care-givers of/and to aged and disabled persons placed under State Guardianship authorities in Australia." MESSAGE BOARDS ONELIST FORUM ON PUBLIC AND FAMILY GUARDIANSHIPUniform Probate Code LocatorPLEASE READBed moneyGetting states to implement the Supreme Court's integration ruling means fighting for dollars that nursing home operators see as righfully theirs -- by law. May/June 2000 By Mary Johnson Mary Johnson is editor of Ragged Edge. DOHN SAYSGuardians are not angels. an interview with Dohn Hoyle by Josie Byzek This interview first appeared in Mouth magazine #45 in November1997  HEROESTHE RETIREMENT NIGHTMARE"The Retirement Nightmare is the very real possibility that you (or someone you love) will be forced to surrender your decision-making powers over almost all personal and financial matters at some point during your senior years" "......a judge needs to always remember that the legal system is there to serve the people, not the other way around." Gary Thomas Attorney Montana DOUG SCHAFERhttp://members.aa.net/~schafer/ Risking It All on a Legal Crusade Lawyer defied professional standards to get a corrupt judge disbarred. But his practice, home life suffered. See LA Times June 10, 2000 By BARRY SIEGEL, Times Staff Writer CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLYPost your questions on fraud, abuse, guardianship, elder-law, nursing home quality issues, For Diane Menio, executive director, and Jennifer Morith, counselor, UNIFORM GUARDIANSHIP AND PROTECTIVEPROCEEDINGS ACT (1997) Drafted by the NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS WASHINGTON STATE BAR NEWSby Meredith Lynn Hardy & Nancy Bradburn-Johnson GUARDIANS AD LITEUM FACE 1996 LAW CHANGES FLORIDA GUARDIANSHIP LAWGuardianship: The Problem or a Solution? by Paul F. Stavis, council to the commission from NYS COMMISION ON QUALITY CARE  Commission on Legal Problems of the ElderlyAmerican Bar Association Right To Counsel in Guardianship Proceedings: Where Do We Stand? American Bar Association Commission on the Legal Problems of the Elderly BIFOCAL Fall 1998 Elizabeth R. Calhoun ABUSES OF GUARDIANSHIP"While the vast majority of guardians serve honestly, some have taken advantage of their wards. Reports of guardians stealing from their wards'bank accoungs and other wise abusing guardianship powers are surfacing with disturbing regularity. 'This problem is going to get bigger and bigger,' says E. Bentley Lipscomb, AARP's Florida state director and a former state secretary of elder affairs. 'We have to step up and put more legislation in place to protect people who can't protect themselves.'" From GUARDIANS DRAWING INCREASED SCRUTINY "Lax oversight opens door to abuses by some appointees." By Peter Weaver AARP Bulletin May 1999 Burton Hawn: 'I want to go home,' says disabled Rockwood man,but his house and his independence are gone forever May 25, 2000 BY WENDY WENDLAND-BOWYER FREE PRESS STAFF WRITER "Burton Hawn was forced to leave without a change of clothing and never saw his home or most of his possessions again." SEE DETROIT FREE PRESS SERIES OF ARTICLES 'The system just failed us' "Saga of man in nursing home: 3 foreclosures on his house -- and now it's a pile of rubble" May 25, 2000 BY WENDY WENDLAND-BOWYER FREE PRESS STAFF WRITER "In the three years Frank Jackson has had a guardian, the 61-year-old man said he has seen her only once: When she tripped over his wheelchair in court." Lydia Alexander: Upset about her missing car and furniture, she plans to leave theU.S. to escape a conservator May 25, 2000 BY WENDY WENDLAND-BOWYER FREE PRESS STAFF WRITER "Some of Alexander's complaints include: Wicks took Alexander's car and stored it in her garage for years, against Alexander's wishes. Some of Alexander's furniture is missing. When Alexander asks for a monthly accounting of how Wicks spends her money the request is denied." (The lack of accountability of these guardianship programs as well as the allowing of abuses seems to be a common problem throughout the US. Family must walk a line that is straight as an arrow but these guardianships seem to be able to get by what the family or friends would not dare. This seems so discriminatory to those who have been involved in these cases. The anti-family nature of these issues is very troublesome. Comments by page editor-"Saving Grace")  Easy Money"Professional Conservator Rodney Paul Swanson allegedly stole nearly $2M from frail old people he was supposed to take care of. And he may get away with it, thanks to the D.A.'s office" Denise Hamilton NEW TIMESWESTWORD.COMCHANGING OF THE GUARD After Eighteen Months as a Ward of the Court, Letty Milstein Will finally Get Her Day In Court By Steve Jackson WESTWORD.COMA Family Affair By Steve Jackson K  Lawyer, Ward Both EntitledTo Be At Guardianship Hearing ELDER LAW ISSUES April 27, 1998 Vol. 5, #43 GREAT RESOURCE!MAD NATION"Fighting the Use of Conservatees in Research in LA County" MAD NATIONActivist Maxine Hayden responds to the LA Draft Proposal THE SYDNEY MORNING HERALDINVESTIGATION: PUBLIC GUARDIANS For their own protection They take people from their families to protect them. But it is not always for the best. BEN HILLS investigates Guardian authorities accused of abusesDate: 19/06/99 By BEN HILLS SPOKANE.NET Judge orders review of guardian's filesGuardianship Services will be checked for shoddy, missing paperwork Jonathan Martin - Staff writer LAS VEGAS SUN Former DA Marshall gets probation By Cy Ryan SUN CAPITAL BUREAU INVISIBLE LIVESFROM WASHINGTON POST.COM City Wards Face Daily IndignitiesDocuments Illustrate the Suffering Of Mentally Retarded in D.C. System By Barbara Vobejda Washington Post Staff Writer Tuesday, February 15, 2000; Page A01 The Long Good Deed A routine job as guardian ad litem turned into a 5-year search Matt Fleischer The National Law Journal May 22, 2000 OR SEE ARCHIVES AT LAW.COM READ THIS SERIESThere are those who feel this situation addressed in this series is widespread in guardianship hearings as the law allows judges much leeway in probate courts and in guardianship hearings. Collutive efforts amongst guardians, health personnel, nursing homes, lawyers, judges that utilize the concept of guardianship for benefit of themselves and at extensive personal and financial costs to the so-called so "ward", in itself a rather unfortunate term. RESEARCH NEEDS TO BE DONE ON THIS ISSUE. One must admit that the "possibility" for gross exploitation can easily exist. SOMETHING ALL PERSONS INTERESTED IN UNCOVERING THE SUBTLE AND COVERT WAYS THAT THE ELDERLY, THE COGNITIVELY-IMPAIRED, THE DISABLED, THE DEVELOPMENTALLY DISABLED ARE EXPLOITED AND ENSLAVED UNDER THE DUBIOUS CONCEPT OF "BEST INTERESTS" SHOULD BE CONCERNED. PROFESSIONAL AND PUBLIC GUARDIANSHIP REFORM EXCELLENTSUN-SENTINEL NEWS (FLORIDA) Guardian advocates urge system reform(Note additional articles) Under News Go to Archives and Search Type in Guardianship and 1996 1997 and 1998 also have excellent articles. The cost of retrieval of these articles is $1.95 These articles are some of the best I have read on the issue of accountability of public and professional guardians SELECTIVE BIBLIOGRAPHY OF ELDER LAW MATERIALSCompiled by Sally Curtis AsKew Reference/Public Services Librarian University of Georgia School of Law Library December 1998 FOR ENACTING STANDARDS FOR PROFESSIONAL GUARDIANS MICHIGAN BAR ASSOCIATIONSENIOR JUSTICE SECTION JULY 98 VOLUME 5.4 GUARDIANSHIP TASK FORCE REPORT Enacting Enforceable Standards for Professional Guardians Officials push for training and laws to improve guardian systemMay 26, 2000 BY WENDY WENDLAND-BOWYER FREE PRESS STAFF WRITER Health Care Surrogate Decision-Making LegislationJuly 1, 1999 LIST OF STATESADVOCACYPROTECTION AND ADVOCACY SERVICES"Federally mandated system in each state and territory which provides protection of the rights of persons with disabilities through legally based advocacy. STATE GUARDIANSHIP PROGRAMSCHECK OUT DIFFERENT SITES AS SOME HAVE GOOD INFORMATION ON GUARDIANSHIP IN GENERAL GUIDESTARTHE DONOR'S GUIDE TO THE CHARITABLE UNIVERSE SEARCH GUIDESTAR FOR NON-PROFIT ORGANIZATIONS(For example-SOUTH DAKOTA GUARDIANSHIP PROGRAM) GRANITE STATE GUARDIANSHIP SERVICESKANSAS GUARDIANSHIP PROGRAMTHE ILLINOIS GUARDIANSHIP AND ADVOCACY COMMISSIONUndue Influence in Illinois EstatesBy Robert E. Jones PENNSYLVANIA GUARDIANSHIP PROGRAMTexas Health and Human Services CommissionGuardianship Alliance of Texas CANADALaw Reform Commission of Nova ScotiaOctober 1995 Reform of the Laws Dealing with Adult Guardianship and Personal Health Care Decisions ETHICSGOOD LIST OF ARTICLES ON GUARDIANSHIP AND OTHER ISSUES PERTAINING TO AGEING AND ETHICS If your local library does not have these articles some can be ordered through most Interlibrary Loan programs. Ethics Bibliography Revised 15 September 1999 AGING AND ETHICAL ISSUES http://www.uvm.edu/~scutler/ethics.html#hctt ETHICS IN AGINGDiscussion of ethical issues related to the aging process and suggesions for developing a community ethics community (Go to Links-Scroll to Ethics and Law) For Law Plain and Simpleby Charles Randolph Bowman |
| ABOUT GUARDIANSHIP |
(The links marked with an * have been verified.) Please notify us if you have a problem. Thank you. USA LAWLIST OF ARTICLES Visiting Getting Started as a Guardian Medical Aspects of Guardianship An excellent resource for both families and public guardianships GUARDIANSHIP AND ELDER CARE MATTERSGuardianship-Elder Care SENIOR CENTER HEALTH CENTER ABOUT GUARDIANSHIPoHE DOWNSIDE OF GUARDIANSHIPSenior Center HOW IS A GUARDIAN HELD ACCOUNTABLE?GUARDIANSHIPCONSERVATORS: A MIXED BLESSINGNATIONAL HOME OF YOUR OWN ALLIANCEHOW-TO-MANUALSPROBATE AND GUARDIANSHIP MADE SIMPLE SENIOR LAWnolo.comSELF-HELP LAW CENTER BIBLIOGRAPHYBerger, Roberta. "A Matter of Interest: Personal Representatives Must Adhere to New Notice Requirements Regarding Heirs and Devisees." Arizona Journal 6 (July 27, 1998). Hicks, Nancy. "Supreme Court Puts Limit on Liability For Guardians." Omaha World-Herald 25 (July 25, 1998). Ingalls, George S., Linda T. Layton and Nomiki B. Weitzel. "Clear Today, Uncertain Tomorrow: Competency and Legal Guardianship and the Role of the Lawyer in Serving the Needs of Cognitively Impaired Clients." 74 North Dakota Law Review 295 (1998). Oldman, Marshal A. and Susan J. Cooley. "Minor Protection: Clarifying When Guardianship Should be Implemented." L os Angeles Daily Journal 7 (July 15, 1998). |
| Research on Guardianship and Public Guardianship |
| The National Study to Assess and Improve the Quality of Guardianship Service ANNOTATED BIBLIOGRAPHYELDER ABUSE - FINANCIAL EXPLOITATION BY A CONSERVATOR By Dru Sampson (J.D., University of Kansas, May 1996) May 1996 American Bar AssociationCommission on the Legal Problems of the Elderly BIFOCAL Fall 1998 Right To Counsel in Guardianship Proceedings: Where Do We Stand? Elizabeth R. Calhoun INITIATIVE 2000: Experiments on Humans ALL KINDS OF ESEARCH DONE ON INCAPACITATED HUMANS (See "LIMITATIONS ON BEST INTERESTS AND SUBSITUTED JUDGEMENT" www.initiative2000.org/assistedmurder/researchhuman/researchhuman.html UNIVERSITY OF NEW YORKAT BUFFALO Ethics Committee Core Curriculum Guidelines for Performing Ethics Consultations (Search archives for "Guidelines for Performing Ethics Consultation") Site includes a wealth of information on surrogate decision-making(New York-specific but worth reading) GOOD DISCUSSION OF ISSUESOntario Hansard - Monday 27 November 1995 ORDERS OF THE DAYADVOCACY, CONSENT AND SUBSTITUTE DECISIONS STATUTE LAW AMENDMENT ACT, 1995 ONTARIO ASSOCIATION FOR COMMUNITY LIVINGThe Potential Impact on Persons with Intellectual Disabilities of Bill 19 (the Advocacy, Consent and Substitute Decisions Statute Law Amendment Act, 1995) A Submission to the Ontario Standing Committee on Administration of Justice February 1996 COURT OPINIONS State of Minnesotain Court of Appeals C8-96-2030 In Re: Elvira Medworth, Syllabus A conservator's power to establish a conservatee's place of abode must be exercised in a manner consistent with the best interests of the conservatee and in consideration of the conservatee's overall welfare, limiting civil rights and restricting personal freedom only to the extent necessary to provide needed care and services. http://www.finance-commerce.com/court/opinions/042597/96-2030.htm |
| ISSUES IN GUARDIANSHIP |
| ISSUES IN GUARDIANSHIP READ THISDo Existing Laws Adequately Protect The Estates of Infirmed Seniors vs Fraud, Duress & Undue Influence? TIMOTHY TAKACS ELDER LAW JOURNALLawyer Who Re-Executed Client's Will Goes FreeHigh Court Justice's Partner's "Benign Fraud" OK'd by Disciplinary Board. COURT LAW CENTER Was Undue Influence Exerted on Dying Father?“COMMUNITY AWARENESS AND RESPONSE: ABUSE AND NEGLECT OF OLDER ADULTS”CANADA Published by authority of the Minister of National Health and Welfare Reprinted 1993 Handle the Estate With CareExecutor's Job Can Prove Taxing, Recent Case Illustrates By Albert B. Crenshaw Sunday, January 16, 2000; Page H02 (Or See Washington Post Archives SUBSTITUTED JUDGEMENTCompetency Assessment and Surrogate Decision Making Guideline IssuedOctober 1995 COLLEGE OF PHYSICIANS AND SURGEONS OF ALBERTA "Get out of my Emergency Room": Competency and substituted judgement in critical care.Presented by David Crippen: AGS: MAKING TREATMENT DECISIONS FOR INCAPACITATED ELDERLY PATIENTS WITHOUT ADVANCE DIRECTIVES AMERICAN GERIATRIC SOCIETY POSITION STATEMENT LAWS AND RESOURCES Health Care Surrogate Decision-Making LegislationJuly 1, 1999 CLEARINGHOUSE REVIEW ARTICLES-HEALTH(Requires User Name and Password)  Trial Court’s Award of Conservatorship and Attorney Fees from Social Security Benefits Appealed Browman v. McCormick, No. E019900(Cal. Ct. App. filed Nov. 17, 1997). Appellant represented by Marilyn Holle, Sandra Pettit, Melinda Bird, Protection & Advocacy Inc., 3580 Wilshire Blvd., Suite 902, Los Angeles, CA 90010; 213.427.8747. Clearinghouse No. 51,882 NATIONAL SENIOR CITIZENS LAW CENTER"The National Senior Citizens Law Center advocates nationwide to promote the independence and well-being of low-income elderly individuals, as well as persons with disabilities, with particular emphasis on women and racial and ethnic minorities" NSCLC's Articles Subject Listing NSCLCNational Organization of Social Security Claimants’ Representatives Click on Consumers, Go to Question "Can NSCLC refer me to an attorney? Click on "If you have a Social Security case and need representation, contact the National Organization of Social Security Claimants' Representatives (NOSSCR) at (800) 431-2804. ILLINOIS LAWSA BRIEF LIST OF LAWS PERTAINING TO GUARDIANSHIP IN ILLINOIS BUT WORTH READING FOR ALL WHO ARE INTERESTED IN GUARDIANSHIP 1999 N.Y. Slip Op. 06500In the Matter of Kashmira SHAH, respondent; v. Helen Hayes Hospital, et al., appellants. Supreme Court, Appellate Division, Second Department. July 6, 1999. LAWRENCE J. BRACKEN, J.P., THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN, ANITA R. FLORIO, JJ. BRACKEN, J.P. No. 96-72 IN THE SUPREME COURT OF THE STATE OF MONTANA 1997 IN RE MATTER OF KATHLEEN J. KLOSINFORMED CONXENTUniversity of MinnesotaWeb-Based Instruction on Informed Consent. This site provides information on the informed consent process and also a tool to help you create a consent document CUT TO THE CHASEPractical Information For Healthcare Management This website requires registration and passwords to view information and articles. However, this is free! Good resource for information pertaining to guardianship issues. For Example: Click on link, Go to Essential Articles, Scroll to Informed Consent and click. Check out other articles. INFORMED CONSENT GUARDIANSHIP REPORT FORMSArizone-but this form could be used in other states that do not have forms available RESOURCESVIDEOSGUARDIANSHIP: THE HIDDEN ABUSES Videotape produced by the Massachusetts Guardianship Task Force. 1994. Length: 18 minutes. All rights reserved. To order copies, contact Massachusetts Guardianship Task Force c/o Judith Lennett, Esq., PO Box 919 Jamaica Plain, MA 02130 Cost $50.00 This video was created for professionals actively working with guardianship issues. From MEDIA REVIEWS JOURNAL OF ELDER ABUSE AND NEGLECT Vol 8 (1) 1996 1996 Haworth Press, Inc. Pg. 101 The video is an "enactment of the hypothetical case of Emily Gale presented as three vignettes. the setting is a simulated probate and family court room and a long-term care facility in Massachusetts. At the end of each vignette, a question about guardianship is raised." "The overall design of the video, namely a case study with discussion issues posed in each vignette, is generally considered an effective learning tool, and learning can certainly be accomplished during the course of viewing and discussing the video." |
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