From atty KDD:
Now to a pressing problem that I have no solution.
The guardianship abuse situation has a significant other. This is the phenomenon of the elderly person whose family is scattered to the four winds or the senior is estranged from his/her family. This person finds himself/herself in the system and if he/she is lucky some friend is looking out for him/her. The ‘friend’ has no status and worse yet is quickly demonized. A ‘hip operation’ or a persistent cold can place a perfectly capable person into the system ****. (guardianship system)
I have had a number of people call me in connection with the allegations that I forward to you. Let me place in writing the problem:
With various social programs i.e. medicare, relief, and social security a significant sum of money can be generated. The elderly orphans in the storm ultimately find themselves in nursing homes. To obtain the funds necessary to ‘take care’ of the elderly person someone has to make applications for public aid, medicare etc. The social security payment has to be assigned. Thus, a guardianship is promulgated. The usual petitioner is representative of the nursing home. In too many cases the nursing home representative is appointed a plenary guardian – i.e. guardian of the person and property. The doctor is a captive medical provider, who has seen the patient while traveling downtown on the highway and looking out the window of his vehicle, and every stage is set including the medicating the patient so that the patient does not remember who he/she is, much less the objects of his bounty etc.
The averred result is that the elderly person is now a captive, who generates revenue income for the nursing home. With HIPA regulations no one not specifically authorized can obtain the records and the Court has no incentive to do anything as an overloaded judge just does not have the time. Thus, a citizen may be deprived of his/her civil liberties. Death is the usual release from State supported bondage and the end of State supported 13th Amendment violations.
Unfortunately, it appears that the travesty does not end at this point in time. If the targeted person has money there is a larger scenario of events that can follow to enrich the ‘deserving few!’ The scenario may be carried out by family, or friends of the victim becoming heirs or legatees of the targeted person. The Court is a victims of this scheme as it is very difficult to ascertain which elderly persons are truly in need of help, and which are victims.
I have a case where a elderly person has been ‘dropped on his head,’ suffered a hip dislocation, and now has pneumonia (aspirated by food intake) all occurring since the date of my retainer. Today I am going to Court and tell the Court that I visited my client and found him almost comatose and unable to recognize me, or disclose to me the objects of his bounty. I also have to inform the Court that my client could not stay awake long enough for me to interview him further. I have to do this because a hearing on his competency is being held this afternoon.
No accusations of wrongdoing can be made. The Judge has bent over backwards to protect my client’s civil rights. Hearings have been held in the hospital and in the nursing home to accommodate me. (I am appointed counsel). The other attorneys have similarly accommodated me and my client. The legal system has functioned properly; however, I have that nagging feeling that something is rotten in Denmark. No, I do not have a scintilla of evidence of any misconduct on anyone’s part.