How Guardians and Conservators Take Advantage

Step One: Eminent danger —The initial court petition

Stop AbuseThe professional guardian [or conservator], with the assistance of her attorneys, commences the embezzlement process by filing an emergency petition in the probate courts to become the “emergency” “temporary” guardian.

Florida guardianship statutes (Chapter 744), like many states, require that there be an “eminent danger” in order for the petitioner to become the “emergency temporary guardian.”

The guardian oftentimes fabricates the “eminent danger” by stating that there is a neighbor or relative or stranger who is taking advantage of the elderly person. In some cases, this may be a somewhat true statement, albeit an exaggerated claim. In most cases, upon further investigation, there has been no “eminent danger” whatsoever.

Step One takes away all of the victim’s civil rights and therefore gives the guardian and her attorneys full control over the victim and his or her assets

Step Two: The Examining Committe

Once the professional guardian has taken control of the victim on a temporary basis (the emergency temporary guardianship order expires in 60 days [in Florida]) an examining committee of three medical “professionals” steps in to verify the allegation of mental incapacity. Oftentimes, the victim is administered a cocktail of psychotropic drugs to enhance the claims that he or she is incompetent.

“Ward” Elizabeth Faye Arnold, for instance, stated, “They put me on drugs that made me feel very drunk. I couldn’t even remember my name. Now that they have all my money, they don’t medicate me that way anymore.” One of the three medical professionals must be a psychiatrist and the victim is generally always found to be mentally incapacitated. The guardian usually has her own set of medical professionals that she utilizes on a regular basis. For instance, one professional guardian is married to a medical doctor and therefore has an entire fleet of medical professional associates available to her.

Back in the courtroom, soon after the three medical professionals file their reports, there is a capacity hearing. The victim seldom is permitted to attend this hearing. The judge quickly scans the medical examinations that “verify” that the victim is “mentally and/or physically incapacitated.” The judge then signs an order that gives the professional guardian full and permanent legal authority over the victim’s person and property.

Step Three: The “Feast” Begins

Property is sold for below market value and the deeds switch and switch several times. (kick backs are suspected). Bank accounts, annuities, stocks, and Certificates of Deposit are liquidated into one big guardianship account.

Out of this large bank account, the guardian is expected to pay all the victim’s, but bills oftentimes go unpaid.

This essay examines conditions in Florida but the same problems exist in many states, by Angela V. Woodhull, Ph.D.

Source:  Eminent Danger —The Initial Court Petition

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