A Living Probate

Groucho Marx had a will that planned for his loved ones upon his death. But a will cannot offer any protection should a client become disabled. Because of this lack of foresight, the last years of his life were filled with heartbreak, legal battles, and expense.

When Groucho could no longer care for himself –because of his age – his girlfriend, Erin Fleming, asked a probate court to declare Groucho mentally incompetent. This would allow her to be Groucho’s guardian and conservator. As guardian, she would have the power to act as Groucho’s legal parent, controlling his personal life. As conservator, Erin would have the power to handle Groucho’s money.

Erin’s attempt to gain control of Groucho was successful. However, after a few years, Groucho’s relatives became more and more distraught about Erin’s treatment of Groucho, and her ability to use his money for her personal gain. They took Erin to court to have her removed as Groucho’s guardian and conservator.

After several months of one of the most publicized court proceedings in American history, Erin was removed from her position of control. The toll in terms of money and emotional heartbreak was considerable. Among allegations of abuse, attempted murder, and drugs, one point became very clear:

Groucho was the victim of an antiquated legal process, a living probate, that allows disabled Americans to unnecessarily suffer the humiliation and emotional trauma of having their lives subject to a public court proceeding.

A living probate, just like the one Groucho went through, is public in every sense of the word. It is humiliating because all the physical, mental, emotional, and monetary facts about the person are exposed. The facts are readily available to everyone, from morbid curiosity seekers to gold diggers.

Groucho died a few days after the court battle ended.

Source: The Groucho Marx Story

See also:
A Loving Trust – Groucho Marx Story

Think about picking a financial guardian

>A Living Probate

>

Groucho Marx had a will that planned for his loved ones upon his death. But a will cannot offer any protection should a client become disabled. Because of this lack of foresight, the last years of his life were filled with heartbreak, legal battles, and expense.

When Groucho could no longer care for himself –because of his age – his girlfriend, Erin Fleming, asked a probate court to declare Groucho mentally incompetent. This would allow her to be Groucho’s guardian and conservator. As guardian, she would have the power to act as Groucho’s legal parent, controlling his personal life. As conservator, Erin would have the power to handle Groucho’s money.

Erin’s attempt to gain control of Groucho was successful. However, after a few years, Groucho’s relatives became more and more distraught about Erin’s treatment of Groucho, and her ability to use his money for her personal gain. They took Erin to court to have her removed as Groucho’s guardian and conservator.

After several months of one of the most publicized court proceedings in American history, Erin was removed from her position of control. The toll in terms of money and emotional heartbreak was considerable. Among allegations of abuse, attempted murder, and drugs, one point became very clear:

Groucho was the victim of an antiquated legal process, a living probate, that allows disabled Americans to unnecessarily suffer the humiliation and emotional trauma of having their lives subject to a public court proceeding.

A living probate, just like the one Groucho went through, is public in every sense of the word. It is humiliating because all the physical, mental, emotional, and monetary facts about the person are exposed. The facts are readily available to everyone, from morbid curiosity seekers to gold diggers.

Groucho died a few days after the court battle ended.

Source: The Groucho Marx Story

See also:
A Loving Trust – Groucho Marx Story

Think about picking a financial guardian

Saving Our Parents

Ed Asner, Art Linkletter, Michael Reagan, LAPD Police Chief William Bratton, L.A. Public Health Director Jonathan Fielding, Jack Canfield, Mark Victor Hansen and a host of others join intergenerational experts Debby Bitticks and Dorothy Breininger of Delphi Health Products, Inc. in a new documentary, “Saving Our Parents”, which launches this month, April 2008.

Hosted and narrated by Emmy & Golden Globe winner Ed Asner, and produced and directed by Emmy winner Jeff MacIntyre, the DVD’s mission is to protect the aging population of the country and help adult children care for their aging parents.

Interviewees tell shocking stories of families deceived by predators and offer life-saving information from the country’s most trusted experts on the topic.

Segments include:

* Predatory caregivers and crooked conservators
* Financial scam artists
* Neglectful nursing homes and generations living together
* Dangerous hoarding disorders that pose health risks
* Michael Reagan’s transformational experience with his father,
former president Ronald Reagan and Alzheimer’s Disease
* Tips from Marc Hankin, Elder Abuse Attorney
* Inspirational tips for safe and healthy aging

Source:
Celebrities & Experts Join Forces to Help Prevent Elder Abuse

Our parents and loved ones are living longer than ever before. Between 1990 and 2020 the number of 65 to 74 year old Americans will increase by a staggering 75%. As the senior population surges, so does their risk for falling prey to elder abuse. Predatory Caregivers… Crooked Conservators… Neglectful Nursing Homes — the “golden” years have never been more dangerous.

Saving Our Parents is a must see wake-up call for every generation!

To view clips from the film: Saving Our Parents

>Saving Our Parents

>

Ed Asner, Art Linkletter, Michael Reagan, LAPD Police Chief William Bratton, L.A. Public Health Director Jonathan Fielding, Jack Canfield, Mark Victor Hansen and a host of others join intergenerational experts Debby Bitticks and Dorothy Breininger of Delphi Health Products, Inc. in a new documentary, “Saving Our Parents”, which launches this month, April 2008.

Hosted and narrated by Emmy & Golden Globe winner Ed Asner, and produced and directed by Emmy winner Jeff MacIntyre, the DVD’s mission is to protect the aging population of the country and help adult children care for their aging parents.

Interviewees tell shocking stories of families deceived by predators and offer life-saving information from the country’s most trusted experts on the topic.

Segments include:

* Predatory caregivers and crooked conservators
* Financial scam artists
* Neglectful nursing homes and generations living together
* Dangerous hoarding disorders that pose health risks
* Michael Reagan’s transformational experience with his father,
former president Ronald Reagan and Alzheimer’s Disease
* Tips from Marc Hankin, Elder Abuse Attorney
* Inspirational tips for safe and healthy aging

Source:
Celebrities & Experts Join Forces to Help Prevent Elder Abuse

Our parents and loved ones are living longer than ever before. Between 1990 and 2020 the number of 65 to 74 year old Americans will increase by a staggering 75%. As the senior population surges, so does their risk for falling prey to elder abuse. Predatory Caregivers… Crooked Conservators… Neglectful Nursing Homes — the “golden” years have never been more dangerous.

Saving Our Parents is a must see wake-up call for every generation!

To view clips from the film: Saving Our Parents

Saving Our Parents

Ed Asner, Art Linkletter, Michael Reagan, LAPD Police Chief William Bratton, L.A. Public Health Director Jonathan Fielding, Jack Canfield, Mark Victor Hansen and a host of others join intergenerational experts Debby Bitticks and Dorothy Breininger of Delphi Health Products, Inc. in a new documentary, “Saving Our Parents”, which launches this month, April 2008.

Hosted and narrated by Emmy & Golden Globe winner Ed Asner, and produced and directed by Emmy winner Jeff MacIntyre, the DVD’s mission is to protect the aging population of the country and help adult children care for their aging parents.

Interviewees tell shocking stories of families deceived by predators and offer life-saving information from the country’s most trusted experts on the topic.

Segments include:

* Predatory caregivers and crooked conservators
* Financial scam artists
* Neglectful nursing homes and generations living together
* Dangerous hoarding disorders that pose health risks
* Michael Reagan’s transformational experience with his father,
former president Ronald Reagan and Alzheimer’s Disease
* Tips from Marc Hankin, Elder Abuse Attorney
* Inspirational tips for safe and healthy aging

Source:
Celebrities & Experts Join Forces to Help Prevent Elder Abuse

Our parents and loved ones are living longer than ever before. Between 1990 and 2020 the number of 65 to 74 year old Americans will increase by a staggering 75%. As the senior population surges, so does their risk for falling prey to elder abuse. Predatory Caregivers… Crooked Conservators… Neglectful Nursing Homes — the “golden” years have never been more dangerous.

Saving Our Parents is a must see wake-up call for every generation!

To view clips from the film: Saving Our Parents

>Invitation to Comment

>

San Mateo Court is proposing to make changes to its Local Fees and the Local Court Rules. These new changes will become effective on July 1, 2008 when adopted. The court invites you to review and provide your comment on these proposals as required by the State of California Rules of Court, Rules 10.613 and 10.815.

You may send your comments to: smsccomment@sanmateocourt.org
with a subject line stating “Comments on Proposed Fee or Rule changes. Please state the proposal number, the line number of the section on which you are commenting and your comment.

Comments must be received no later than 4 PM, May 15, 2008.

The Proposals are:

SP08 –01 Proposed Local Court Fee Change for Investigations conducted by Court Investigators in Guardianship or Conservatorship cases

SP08-02 Amendment to Local Rule 5.6 E. – Family Law Ex Parte Orders, Notice Requirements

Source: San Mateo Court

Invitation to Comment

San Mateo Court is proposing to make changes to its Local Fees and the Local Court Rules. These new changes will become effective on July 1, 2008 when adopted. The court invites you to review and provide your comment on these proposals as required by the State of California Rules of Court, Rules 10.613 and 10.815.

You may send your comments to: smsccomment@sanmateocourt.org
with a subject line stating “Comments on Proposed Fee or Rule changes. Please state the proposal number, the line number of the section on which you are commenting and your comment.

Comments must be received no later than 4 PM, May 15, 2008.

The Proposals are:

SP08 –01 Proposed Local Court Fee Change for Investigations conducted by Court Investigators in Guardianship or Conservatorship cases

SP08-02 Amendment to Local Rule 5.6 E. – Family Law Ex Parte Orders, Notice Requirements

Source: San Mateo Court

>Fleecing of the Elderly

>

Remember that old axiom? “Work hard, pay your taxes and……..”

You know, a house, kids, little white picket fence, 2 dogs, 2 cats….. the Great American Dream! Save a couple bucks, retire, spoil your grandchildren and enjoy the golden years. Sounds good, huh?

In America the golden years are not too “golden” as so many – too many – will attest! But, actually, the golden years have become a gold mine for many others, and the “fleecing of the elderly” has become the hottest game in town!

Or more commonly called Guardianship/Conservatorship!

If that isn`t a contradiction in terms – “Guardianship”, “Conservatorship?” The terms in the code and statutes are even more confusing, given the wording and the actual real life accounts of conservatees and their families.

The Public Guardianship program was created to help and protect vulnerable elderly who have few resources and no loved ones to help them as they struggle with physical or mental decline.

PROBATE CODE CALIFORNIA
SECTION 2920-2922
2920. If any person domiciled in the county requires a
guardian or conservator and there is no one else who is
qualified and willing to act and whose appointment as
guardian or conservator would be in the best interest of
the person: (a) The public guardian may apply for appointment

as guardian or conservator of the person, the estate, or the
person and estate.
(b) The public guardian shall apply for appointment as
guardian or conservator of the person, the estate, or the
person and estate, if the court so orders. The court may
make an order under this subdivision on motion of an
interested person or on the court’s own motion in a pending

proceeding or in a proceeding commenced for that purpose.
The court shall not make an order under this subdivision
except after notice to the public guardian for the period
and in the manner provided in Chapter 3 (commencing with
Section 1460) of Part 1,consideration of the alternatives,
and a determination by the court that the appointment is
necessary. The notice and hearing under this subdivision
may be combined with the notice and hearing required for
appointment of a guardian or conservator………..

What the statutes describe is not what is happening in our country today. The Public Guardians look for wealthier men and women to “protect.”

Judges and their favorite professional conservators and guardians, expert witnesses and court investigators have embedded agendas: Money, power and control!

In a continuing trend that seems to threaten America’s successfully aging population, judges are imposing an increasing number of unwanted and unnecessary conservatorships and guardianships upon the allegedly “incompetent” men and women, to “manage” their property and personal affairs.

When an elderly person is brought into court and forced to prove his or her competence, we soon see that the system does not work!

It is similar to the Mob extorting “protection” money from small business owners in the `40s. What the business owners really needed was protection from the Mob!

Frankly, I have more respect for the Mob than our guardianship system of court-sanctioned corruption!

Written by a NASGA member

Fleecing of the Elderly

Remember that old axiom? “Work hard, pay your taxes and……..”

You know, a house, kids, little white picket fence, 2 dogs, 2 cats….. the Great American Dream! Save a couple bucks, retire, spoil your grandchildren and enjoy the golden years. Sounds good, huh?

In America the golden years are not too “golden” as so many – too many – will attest! But, actually, the golden years have become a gold mine for many others, and the “fleecing of the elderly” has become the hottest game in town!

Or more commonly called Guardianship/Conservatorship!

If that isn`t a contradiction in terms – “Guardianship”, “Conservatorship?” The terms in the code and statutes are even more confusing, given the wording and the actual real life accounts of conservatees and their families.

The Public Guardianship program was created to help and protect vulnerable elderly who have few resources and no loved ones to help them as they struggle with physical or mental decline.

PROBATE CODE CALIFORNIA
SECTION 2920-2922
2920. If any person domiciled in the county requires a
guardian or conservator and there is no one else who is
qualified and willing to act and whose appointment as
guardian or conservator would be in the best interest of
the person: (a) The public guardian may apply for appointment

as guardian or conservator of the person, the estate, or the
person and estate.
(b) The public guardian shall apply for appointment as
guardian or conservator of the person, the estate, or the
person and estate, if the court so orders. The court may
make an order under this subdivision on motion of an
interested person or on the court’s own motion in a pending

proceeding or in a proceeding commenced for that purpose.
The court shall not make an order under this subdivision
except after notice to the public guardian for the period
and in the manner provided in Chapter 3 (commencing with
Section 1460) of Part 1,consideration of the alternatives,
and a determination by the court that the appointment is
necessary. The notice and hearing under this subdivision
may be combined with the notice and hearing required for
appointment of a guardian or conservator………..

What the statutes describe is not what is happening in our country today. The Public Guardians look for wealthier men and women to “protect.”

Judges and their favorite professional conservators and guardians, expert witnesses and court investigators have embedded agendas: Money, power and control!

In a continuing trend that seems to threaten America’s successfully aging population, judges are imposing an increasing number of unwanted and unnecessary conservatorships and guardianships upon the allegedly “incompetent” men and women, to “manage” their property and personal affairs.

When an elderly person is brought into court and forced to prove his or her competence, we soon see that the system does not work!

It is similar to the Mob extorting “protection” money from small business owners in the `40s. What the business owners really needed was protection from the Mob!

Frankly, I have more respect for the Mob than our guardianship system of court-sanctioned corruption!

Written by a NASGA member

Probate Court Manager Sues

James Locke fought for the rights of elderly and disabled people to be free from abuse by court-appointed conservators, and for that he was fired by Sacramento Superior Court, he claims in federal and state lawsuits.

Locke started in May 2001 as an investigator for Probate Court. With excellent performance reviews, he rose through the ranks and became probate manager. He was terminated without an administrative hearing May 7, in violation of his rights under federal and state laws and the U.S. Constitution’s guarantee of due process, according to the suits, filed by lawyer Stewart Katz.

The suit alleges it was retaliation by the Superior Court and its executive staff for Locke’s persistent, outspoken and constitutionally protected advocacy of needed improvements to the court’s legally mandated oversight of conservatorships.

Locke said in an interview: “I never quit harping on it.”

Locke recalled that his role as a whistle-blower, not appreciated by the executive staff, came to a head when Assemblyman Dave Jones, D-Sacramento, contacted probate’s then-supervising judge. Jones cited Locke’s testimony before a judicial panel and expressed concern that the court was not in compliance with the law.

Locke said: Judge Jerilyn Borack told him “You’re dead,” after her January 2007 conversation with the assemblyman.

Full Article and Source:
Sacramento County Probate Court manager sues over job loss

Sacramento court official sues over his dismissal

About the writer:
Denny Walsh, (916) 321-1189

dwalsh@sacbee.com