Have any questions about how to use the community? Check out the Help Discussion.

Preying on elders, disabled, PWDs - Beware

ButterflyWings
ButterflyWings Member Posts: 1,755
500 Likes Fifth Anniversary 1000 Comments 250 Insightfuls Reactions
Member

What can a spouse or other caregiver do if a situation like this begins unfolding? Asking for a friend. Urgent.

'99% of the world has no idea': inside the shocking legal guardianship industry | Movies | The Guardian

And this. Our Shocking Introduction To The Guardianship System (sistersletter.com)

Comments

  • Quilting brings calm
    Quilting brings calm Member Posts: 2,563
    500 Care Reactions 500 Likes 1000 Comments Fourth Anniversary
    Member

    This is scary. All guardianship proceedings should require a guardian ad litem to be appointed to make sure the guardian will be in the incapacitated person’s best interest Child adoptions have one already

    My mom has given me durable power of attorney. My step-father has not. I explained to him that if/when he becomes incapacitated without giving me one, that a state guardian would be appointed. I explained to him that would mean that the guardian would make all the decisions and that they might not be in his best interest. The only thing that would prevent something like this article from happening to him is that most of their money will be gone by the time that happens. They have less than $60,000 saved at this point. The AL is eating away at their savings.

  • ButterflyWings
    ButterflyWings Member Posts: 1,755
    500 Likes Fifth Anniversary 1000 Comments 250 Insightfuls Reactions
    Member
    edited July 2023

    Hey QBC - boy have I missed you and your wise counsel! Yes, it is really scary. So much dishonesty everywhere it seems. The GAL in the situation I am aware of, is also a question mark. Very interested in the home, its value, who is on title... etc. and their official report repeated some false allegations from the Petitioner that were not verified nor even disclosed before filing on the public record. It is sloppy at minimum, slanderous for sure, and hopefully not part of setting a trap that they are in on. Spouse CG is being challenged for guardianship by an absentee, now hostile (obviously) step seeking to overturn the DPOAs. One would hope it is not a semi-criminal operation that's found its next mark, but there are plenty of states where that's exactly what is happening. As if caregivers and PWDs don't have enough loss, anguish and suffering already.

    Your last point is so key. There is such a multifaceted depletion industry when dementia strikes -- it seems like so many avenues for snakes who want to get in on the action. Horrible enough when it is family or so-called friends, in this case trying to access any pennies from SS or equity that might be in the modest property. But when the threat is from within the legal system itself -- that makes me sick to my stomach to contemplate. That old saying "you can't fight city hall", well these are state and county court systems, and some seem to have perfected the art of disenfranchising vulnerable elders, with some GALs, professional guardians, and judges teaming up to run the scam. Even if proper POA documents exist. Just invalidate them. omg.

  • Quilting brings calm
    Quilting brings calm Member Posts: 2,563
    500 Care Reactions 500 Likes 1000 Comments Fourth Anniversary
    Member

    Butterfly - I really don’t know much about the guardianship process yet - but reading your comment make it sound like guardian ad litems are already part of the process. That should be good news, but it sounds like it is not in the case you reference.

    I wish we could trust the courts to do what they were designed to do in these cases - look out for the incapacitated person’s best interest.

    As for my ‘wise counsel’ …. I wish I had any advice for my own situation. I left the AL cussing under my breath yesterday at my step-dads’ stubbornness and general lack of common sense.

Commonly Used Abbreviations


DH = Dear Husband
DW= Dear Wife, Darling Wife
LO = Loved One
ES = Early Stage
EO = Early Onset
FTD = Frontotemporal Dementia
VD = Vascular Dementia
MC = Memory Care
AL = Assisted Living
POA = Power of Attorney
Read more