Introduced by Brian Shilhavy
As we have previously reported here at Health Impact News, the medical kidnapping of America’s elderly is a $273 BILLION industry.
Medical kidnapping of senior citizens occurs when a doctor, usually a psychiatrist, deems that the senior can no longer take care of themselves, and gets a judge to sign an order of “guardianship” or “conservatorship” to someone working for the State.
This state-appointed guardian then comes in and seizes all of their assets, and keeps them a prisoner locked up in a mental facility, most of the time against the wishes of their family members.
This epidemic in the U.S. is even a larger problem than child medical kidnapping, as state-appointed guardians currently have 1.3 million elderly people nationwide under their control. See:
The few stories we have covered here at Health Impact News regarding seniors medically kidnapped represent just a tiny fraction of what is going on all across the U.S. every single day. (List of links below.)
Attorney Mark Nestmann has written an article that was published on LewRockwell.com giving people practical advice on how to oppose these adult medical kidnappings:
Attorney Explains how to Protect Against America’s Epidemic of Senior Medical Kidnappings
by Mark Nestmann
John Oliver is hardly a libertarian, but his Last Week Tonight show on HBO regularly highlights how US citizens are royally screwed by Uncle Sam and his minions. Over the years, he’s tackled subjects ranging from civil forfeiture to abuses in forensic science.
State courts appoint guardians to make personal and financial decisions on behalf of adults found to be legally incompetent. A guardian is supposed to ensure that their “wards” have safe housing and help them negotiate a legal and medical system they may be incapable of dealing with on their own. According to an auditor for the Palm Beach County (Florida) guardianship fraud program, guardians control assets valued at $273 billion.
A ward loses nearly all civil rights once a judge approves a guardianship. The guardian has complete control over the ward’s personal and financial affairs. All of a ward’s money can be transferred to a guardian’s own account. A ward can also be forcibly relocated to any residential facility the guardian sees fit. Family members may lose the right to obtain information about the ward’s finances or medical conditions. Indeed, family members may even lose the right to visit the ward, because the guardian can forbid it.
As Judge Steve King of Tarrant County, Texas said on Oliver’s program: “Guardianship is a massive intrusion into a person’s life… they lose more rights than someone who goes to prison.”
The powers that guardians wield are rife with abuse. In a series of cases from Las Vegas described last year in The New Yorker, a guardian in Las Vegas named April Parks targeted elderly individuals with substantial assets. Parks persuaded doctors to declare these individuals incompetent and place them under her guardianship. She would then acquire control over their assets and charge outrageously high fees to arrange for their care. When her wards’ estates were depleted to the point where they qualified for Medicaid, she would place them in nursing homes at government expense. In virtually all cases, this happened without a formal cognitive assessment to determine if the ward could continue living independently.In the meantime, Parks, her lawyer, and her office manager were indicted for racketeering, theft, perjury, and exploitation of their wards. Their trial is scheduled to begin in September.
The horror story surrounding the North guardianship is not an isolated case. I’ve come across abusive guardianship cases in many other states, including Arizona, California, Colorado, Florida, Georgia, Indiana, Maine, Massachusetts, Michigan, Missouri, New Jersey, New Mexico, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, Texas, and Washington. And while I suspect the vast majority of guardians exercise their authority ethically and with discretion, if only 1% of guardianship cases are abusive, that means 15,000 Americans are victims of this system.
Since it’s extremely difficult to escape from a guardianship once you’re in the system, plan ahead to avoid it. Getting your legal documents in order is the best way to avoid becoming the next victim. We insist that all Nestmann clients execute durable powers of attorney and health care proxies and record them in public records.
These documents should name someone you trust – generally your children or grandchildren – to step in if you become incapacitated. Whomever you name should not be someone in financial difficulty who might use your assets to satisfy their own financial obligations. The document should also be revocable unless a formal cognitive assessment performed by a licensed physician (ideally two licensed physicians) determines you are incompetent.
Another precaution is to build a safety mechanism into your planning. If the agent you name steps in to assist you if you’re incapacitated, your documents should require the agent meet periodically with an independent party – your accountant, for instance – to ensure your assets truly are being used for your benefit.
The guardianship system is one of the biggest rackets in the US today. Don’t be the next victim of this corrupt system.
Original source: Nestmann.com