Recommended Website: Victims of Guardians


Many lawyers write articles suggesting advance directives, including a Durable Power of Attorney (“durable,” meaning it remains in effect after a person becomes incompetent). 

Question: But what if you wind up in front of a corrupt judge who ignores the grantor’s wishes?
Answer: He can override any legal document executed by the AIP (“alleged incompetent person.”) (Note: The person is only “alleged” to be incompetent until they are legally adjudged to be incapacitated; then they are described as the “ward.” They are actually wards of the State.)

Question: Aren’t there any safeguards against that?
Answer: That’s up to your state legislators and prosecutors. An honest judge will hold a full evidentiary hearing to determine the validity of the prior Durable Power of Attorney – the issue being whether the AIP was incompetent at the time of execution. A corrupt judge will not hold any hearing; he/she will just ignore the Power, and sometimes invalidate (with a stroke of the pen) even a Last Will and Testament, putting all sorts of liberties in the hands of the fiduciaries.

Question: Why would a judge do that?
Answer: By unlawfully overriding the powers granted, he can then put his academic or political buddies into the guardianship, to make-work and feast on fees.

Question: What is the quid pro quo; i.e., what’s in it for him/her?
Answer: That we will not know until the prosecutors start prosecuting judicial corruption in a meaningful way.



2 Responses to “Recommended Website: Victims of Guardians”

  1. Thelma Says:

    The Money Tree: The Guardian Grab and the Judge looking the other way!

  2. Nathan Says:

    Good site!

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