"THE GUARDIANSHIP PROBLEM IS NOT CONFINED TO ANY ONE STATE;
the UNLAWFUL PROCEEDINGS and resultant FEEDING FRENZIES
are rampant all across the country - anywhere there is money to be made!
"THE PROBLEM WITH GUARDIANSHIP -
(This site was launched due to an unlawful guardianship experience in NY State,
but is fairly typical of corrupt guardianships/conservatorships across the country.)
Some people have described it as a "bounty hunting" operation, with headhunters running computer searches for financial and personal data on potential victims who wind up in a hospital and transfer to a nursing home (whether by reason of illness or even just a fall on the sidewalk). The nursing home lawyer or someone else then petitions for a guardianship.
The assigned judge then distributes his patronage to his pals, in the form of fiduciary appointments as guardian, court evaluator, counsel to the AIP, etc. Would it shock you to learn that there is no requirement in New York for mandatory counsel to represent a person believed to be incapacitated? It won't when you read on. Many adjudication "hearings" are held which are totally sham, replate with constitutional due process violations, and conducted in complete contravention of statutory protections promulgated by the states, and practice rules issued by the courts.
" Intimidating Family Members:
When a family member petitions to be appointed as a guardian, the unethical lawyers (particularly those who make "guardianship" their prime business) will submit affidavits (or affirmations under penalty of perjury) in which they make "conclusory" statements maligning the family member(s), claiming they are not fit to be appointed as guardian. "Conclusory statements" are those which are merely unproven allegations not supported by real evidence.
As a matter of law, they cannot stand alone, but must be subjected to an evidentiary hearing at which the accuser can be cross-examined, in order to determine their truth or falsity.
The corrupt judge, instead of holding such a "due-process" hearing where both sides can be heard, under oath (with or without a jury), simply accepts the conclusory statements and appoints a lawyer (or retired judge) instead - usually a law school buddy or a political crony. (This is a violation of due process.)
Our investigation of court records disclosed that the "family blame game" is a popular modus operandi in use by unethical lawyers. When family members don't know their rights or how to legally oppose false allegations, the guardianship perps are left free to acquire the ward's assets for themselves, assisted by the corrupt judge, who will pervert the law rather than obey and apply it properly.
The Internet and more lately, the media, have made the public aware of just how bad the "justice" system is, but we're still getting only "lip service" from the powers-that-be about the loss of public trust in the integrity of the courts, with no meaningful change.
Question: Do you know why lawyer-legislators won't clean up the acts of their judiciary brethren?
Answer: They're afraid they may have to appear before them some day!
Put the blame where it belongs - on everyone on the list above - all of whom do nothing meaningful to clean up the VERY SICK system. "