I was surprised to learn of this problem. The probate court appoints a guardian, depletes the individual’s assets, and then blocks or restricts the relatives from visiting the elder. This is a problem not limited to Michigan. I refer you to www.aaapg.net to understand the magnitude of this issue nationwide. Scroll down to read more
Professional Guardianship Abuse Playbook – “Guardianship is about money and only about money”
*A court insider is defined as a Judge, Lawyer(s) or Professional Guardian or favorite court examiner or employee of the court or State Bar.
- Using personal connections, favors, coercion and political advantage, court insiders create a tacit systematic court payment network by working behind the scenes to ensure favorable court orders are granted, which strictly benefit the guardianship insiders at the expense of everyone else. The network ensures a specific group of or an individual guardian will be appointed to specific seniors with assets to plunder. In exchange for these favors, judges will receive sums of money or other inducements (drugs, sex, sordid secrets kept, blackmail, re-election votes, no pay mortgages and leases, land deals, insider information, private trusts, etc.) so they will, among other things, reliably ignore advance directives to jumpstart guardianships as well as rule favorably on capacity exams and on a guardian’s fraudulent estate accounting and questionable documents as routinely submitted to the Probate court judge.
- Create a secretive referral network of paid spotters and informants to identify susceptible vulnerables in their homes or in hospitals, ALF’s, doctors’ offices, senior centers, investment seminars, court filings, bank tellers, APS workers, etc. Approach or attract a targeted family (particularly a contentious one) who has a senior who is ill or slightly confused and bring them to court for a rigged capacity evaluation to propel the process via instant emergency guardianship. Having the alleged incapacitated person heavily medicated in court is helpful.
- Convince the family and senior that guardianship is a good and helpful safeguard against exploitation and is only temporary and that power will ultimately be given to the accusing party. This statement is used to ease fears in the beginning stages of the criminal procedure. The goal is to lull both seniors and family members into a state of false security so they will not question what is about to come.
- Guardian takes full control (marshalling) of the senior’s assets. The complaining family feels safe in their false belief that a professional is only temporarily handling their loved one’s affairs.
- Guardian strengthens their hold by intentionally isolating the senior from family members physically and emotionally. The family and judge might be told that family visits are stressful to the senior. The family is deluded to believe that they are helping the senior by staying away, thus hiding any and all guardian actions from their purview.
- Guardian repeatedly informs the senior that their family no longer cares about them. If other family members protest the guardian’s decisions, the guardian will place restraining orders (stayaway orders) on the family members who disagree. This tactic is implemented to increase the guardian’s control and punish any opposition to their abuses. The enhanced control sets the stage for future billings involving family conflicts, which the guardian will create when additional funds are needed.
- Guardian begins to slowly drain assets from the so-called protected senior’s estate (beginning with small amounts and over time the stealing grows larger). While this crime is being committed, block all senior bank statements and other records from concerned family members to ensure they will not be aware of what is taking place. If questioned about the missing monies or bank statements, use the illusion of privacy or avoiding conflicts to explain these actions. Use the fraudulent excuse that HIPPA laws prevent guardians from sharing health information about the ward (this is a complete lie).
- Guardian encourages family members to argue with each other so guardian can bill the estate for resolving conflicts, which were actually created by the guardian. (This tactic is a big money maker for all insiders).
- If the protected senior lives in their own home the guardian will hook up with a complicit care giver company or home health service who will report to the court what the guardian wants them to say. The false reporting will create future conditions, which will allow the guardian to sell the senior’s home for pennies on the dollar.
- The care giver company will soon report to the court that the senior can’t be cared for in their home. This is important because a paper trail is needed for what is about to happen.
- The senior’s home gets sold usually for pennies on the dollar to a buyer (often the guardian attorney or his proxy) who is willing to pay cash for a portion of the already deeply discounted home’s sale price. The cash portion of the transaction is never reported to the court or senior’s family, which allows the guardian and the buyer to pocket large sums of money from the senior’s home and then flip it immediately for even more profit that is never reported to the court or the IRS. Any reported funds from such a sale are used exclusively to pay accumulated legal and guardian fees before the money runs out.
- Guardians will change or create a trust because trust accounts can be left out of estate accounting in many court jurisdictions. The trust ensures the cash transactions involving the senior’s home will not be discovered.
- Before the home is sold, it is time to place the senior into a guardian friendly living facility. Before the senior is ensconced in that facility, assign a doctor who is willing to over medicate and ensure that senior is essentially stuporous at all times to reduce complaints and cost of care. Many guardians will try to brainwash the over medicated senior that their family no longer cares for them. The depression enhances the medication, which makes it easier for the guardian to control the situation.
- Continue to funnel the ward’s business and money to downstream collaborators including banks, real estate firms, jewelers, appraisers, pharmacies, facilities, hospitals, home health agencies, resale shops, and a host of others in return for their cooperation and reciprocal inducements.
- If the family conflict finally turns to attacking the guardian’s actions or gets out of control, turn family members against each other and promise a sum of money to the relative who cooperates with the guardian.
- Senior passes away and now it’s time to delay settlement. Family members will want to put their bad experiences behind them. Delaying the settlement makes it possible for the guardian to negotiate terms, which will hide the crimes committed against the senior and the family and allow maximum time for further staged fraudulent billings, motions and actions which are automatically approved by court.
- The long delay frustrates family members to the point where they will settle without a thorough accounting just to get the proceedings over. In Guardian Abuse cases often, the estate is not settled for as long as ten years after the ward dies—all the while being drained by fraudulent billings from lawyers and others.
- The guardian having furtively changed beneficiaries of all insurance policies, and having sole control of death certificates, deposits life insurance and any other death benefit proceeds into the trust that was created, never reports the payment to the court, never pays taxes on it or if reported, the funds are used exclusively to pay fees.
- The guardian wraps up the stealing by informing family members if they talk about what they went through they will be sued for defamation, put in prison or may never receive the inheritance. Often families are forced to sign falsified papers exonerating the insiders prior to receiving what is left of their inheritances.
- The recent increased media exposure of guardian crimes throughout the United States has created a new page for this playbook. When commissions are formed to look into guardian abuse, ensure that the commissions are rigged by appointing only attorneys, judges and staff who make their money from the system and are friendly to guardians to ensure business as usual will continue; create positive press to placate the public; never allow articulate advocates to testify; vehemently and authoritatively deny and dispute all negative news coverage; make sure every participant in the system plays along to get along and severely punish any defectors from the scheme; ensure that those who object are vilified, humiliated, ridiculed and subjected to maximum legal abuse; above all else keep everything cloaked in secrecy.