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:
Images of adults who were medically kidnapped that Health Impact News has covered.
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
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
Protect Yourself from America’s Corrupt Guardianship System
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.
Recently, Oliver turned his attention to the guardianship system
how it can abuse senior citizens. Nearly 50 million Americans are 65 or
older, and more than one million of them are under guardianship. Nearly
500,000 other disabled adults are part of the guardianship system as
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
About the Author
Mark Nestmann is a journalist with more than 20 years of investigative experience and is a charter member of he Sovereign Society
Council of Experts. He has authored over a dozen books and many additional reports on wealth preservation, privacy and offshore investing. Mark serves as president of his own international consulting firm, The Nestmann Group, Ltd.
The Nestmann Group provides international wealth preservation services for high-net worth individuals. Mark is an Associate Member of the American Bar Association (member of subcommittee on Foreign Activities of U.S. Taxpayers, Committee on Taxation) and member of the Society of Professional Journalists. In 2005, he was awarded a Masters of Laws (LL.M) degree in international tax law at the Vienna (Austria) University of Economics and Business Administration.