Guardianship/conservatorship law is designed to “guard” incompetent people, “conserve” their assets, and “protect” the taxpaying public from the ward becoming a public charge. Over the years, the law has been misused, misapplied, or even manipulated to unjustly enrich court-appointed fiduciaries at the expense of and to the detriment of the very people they are court-appointed to protect.
Join the national movement for reform! Join NASGA!
Source:
YouTube: Protected or Exploited?
WW2 veteran Guadalupe Olvera’s right to move in with his daughter in Aptos was disputed by Nevada authorities for three years
Last month Guadalupe Olvera, 93, rode in the Aptos Fourth of July parade. A survivor of the Battle of the Bulge, Olvera cruised through town in a vintage World War II jeep with his fellow VFW members. They waved at the families lining the streets, who saluted from the sidewalk and shouted, “Thank you for your service!”
It was a lovely day, but it’s been a long road for Olvera and his family to the Aptos parade. For most of the last three years Olvera and his daughter, Rebecca Schultz of Aptos, have been entangled in a messy and expensive guardianship dispute with his court-appointed guardian, Jared Shafer, a professional guardian and fiduciary who operates a business in Las Vegas.
Guardianship, also referred to as conservatorship, is a legal process where a judge appoints a third party individual to care for a “ward,” usually an elderly or disabled person. The guardian takes direct control over the ward’s life, both personally and financially. The guardian is often responsible for big decisions such as where the ward will live, who is allowed to visit with the ward and even whether to continue with life-support systems.
But the three-year dispute with Shafer wasn’t over the finer details of Olvera’s care. It was over who was entitled to serve as guardian of him and his nearly $1 million estate: Shafer or Schultz, Olvera’s only living child.
Schultz, an artist given to impassioned exclamation over injustices, sees more than a troublesome series of lawsuits for herself over the course of the ordeal. She sees at best a system weighted against families and at worst a conspiracy to steal from the elderly, sanctioned by Nevada courts and overlooked by the federal government.
She claims that Shafer has stolen outright from her father, saying that a year’s worth of Olvera’s carpenter pensions and social security payments are missing and have “never been accounted for.”
She says Shafer fabricated bills and withdrew excessive funds from Olvera’s Wells Fargo checking account, depleting it by almost $300,000 since November 2009.
“I went into this not knowing anything about guardianship. Not knowing anything about lawyers. I’m just an artist. I’m just a normal person. I didn’t know how bad Nevada was. I didn’t know how corrupt it was,” says Schultz.
Full Article and Source:
Guardianship Case Highlights Plight of Elderly
See Also:
Former Public Guardian
Lupe Olvera – Nevada/California Victim
Marcy E. Dudeck – Nevada/California Victim
FOR IMMEDIATE RELEASE:
DATE: JUNE 16, 2012
DAUGHTER JOINS ADA LAWSUIT
Hillsboro OH: According to the U.S. Supreme Court, as most of us known and believe, “[I]n our society liberty is the norm.”
Life-long area resident Mollie Florkey once worked as “Rosie-the-Riveter” at the Middletown Ohio Aeronca Aircraft factory during WWII. She likewise had four young children at home, and a husband. Mollie made her contributions in support of liberty when the stakes for the world were critical.
Yet as reported just this past week – “Magistrate advises dismissal of Hillsboro woman’s Suit against Greer, others” (5/31/2012) – and liberty takes one on the chin because for Mollie Florkey, according to her federal lawsuit – being discriminated against because of her disability is her norm … a norm that apparently this Federal Judge would accept being visited upon herself, were she herself a qualified individual with a disability.
According to Tim Lahrman, Executive Director – National Association for the Advancement of Disabled Americans [NAADA] – “[T]hese guardians and judges have this all wrong in these ADA/guardianship lawsuits. The media even misses the point and excludes the “real party of interest” when identifying and reporting on these cases. This is a common and easy mistake to make, but Jane Branson did not file this lawsuit, these are not Branson’s claims as you report – these are the claims of Mollie Florkey, this is Mollie Florkey’s lawsuit, and she sued because she is being discriminated against, excluded from court, excluded from access to a review and appeal process all the while isolated in her own Guantanamo Bay, isolated and derived her fundamental liberty interests in her right to assemble and associate with her own daughter, and vis-a-versa.” Lahrman asked, “[I]s this the norm we are willing to accept? I thought the days of isolating the disabled were over?”
Jane Branson, daughter of Mollie Florkey, recently filed her motion to join in the ADA lawsuit as a “party plaintiff”. She says, “the rule is rather permissive and I am confident that I will be able to join and bring what are my own claims.” Attached to Branson’s motion to join is her own lawsuit wherein she complains, among other things, that – “[T]he appointed guardian has, without cause, reason, an appropriately specific court order and/or sanction of court approval, denied and deprived Branson and her mother their First Amendment right to freely associate, freely assemble and do so in the privacy of their personal choosing, and, do so as is their Fourteenth Amendment right to commune in unity as family and as mother and daughter.”
Attached to Branson complaint is a letter/exhibit which, written by the appointed guardian dated June 9, 2010, states:
“… that Carol Jane Branson is not to visit, talk or physically examine M.F. until further notice from me, this instruction applies to any and all individuals to include relatives, and Church associates of Carol Jane Branson who she instructs, pays, and/or talks into visiting,seeing, or meeting with M.F. this instruction of
course does not apply to legal counsel for M.F. appointed by highland probate court.”
Branson complains that the appointed guardian “dictates” and “conducts himself as the bully he is, while holding himself out as the appointed guardian and likewise a member of local law enforcement, handing out his FBI business card to flaunt his ego and authority.” She says, for this interview that the very idea of her “paying” someone to visit her mother is just absurd and the fact that her brother would even make such a claim shows just how absurd this whole matter is. Branson says, because of her brother who is simply drunk on his ego and history of sibling bullying, she has not seen her mother freely for four years now … “and there is no court order which says I cannot see my mom, that’s why I joined the lawsuit”, Branson said, “to stop the retaliation, intimidation and unlawful interference with my efforts to try and help my mom.”
Lahrman added, “[I]t’s going to be interesting to see how these issues play out in the Courts – it’s hard to believe that a judge who discriminates from the bench can claim to be performing a judicial act when, in light of both Tennessee v. Lane which held that there is no immunity whatsoever for disability discrimination in violation of Title II of the ADA and the Daniel Gross case pending in the Second Circuit Court of Appeals, this question of “immunity” as a defense may not be as rock solid as this guardian and judge may seem to believe.”
In the end Branson reminds us – “[T]his is about my mother, about her quality of life as she ages. What is so hard about being kind and congenial to an aging parent that my brother has to always be a bully and in charge, even when he is not in charge. And it’s nice to know that Judge Greer is concerned about “paying for a visiting judge” and doing his job, well, how about he do his job and protect my mother from being wrongfully isolated against her will and in a nursing home at taxpayer expense – as opposed to being cared for and loved in a home with family. Yep, isolate, medicate and raid the estate, and my mom is just one of the many. How sad, but we see this going on all over the country at NASGA where I am a member.”
See Also:
NASGA: Mollie Florkey, Ohio Victim
Guardianship and conservatorship abuse IS elder abuse!
Join NASGA and help us stop elder abuse in our courts!
The Santa Clara County Board of Supervisors met on May 15, 2012 to discuss county budgets, including funding for the Public Guardian. The Public Guardian’s office is under scrutiny related to allegations of elder abuse and neglect.
Public Guardian Don Moody offered the Board that his office could eliminate two full-time equivalents from their payroll.
Moody testified that the number of conservatees in the county has remained stable for several years and is not expected to increase. Moody’s testimony was unexpected, given the dramatic increase in the senior population.
A number of senior staffers from Moody’s office testified against their boss, claiming they cannot provide adequate services without the current complement of staff. Public testimony against a superior is rare and indicates turmoil within the office.
Members of the public addressed the Board during Public Comment (Item #3) and again during budget discussions concern the Public Guardian (Item #16). County residents brought attention to the plight of Gisela Riordan, a conservatee of the Public Guardian.
Gisela has been isolated from nearly all visitation and phone calls for over two years. The Public Guardian allowed Gisela less than two hours with her son in that time. Gisela is not allowed any visitors from the community.
Gisela’s living conditions speak of profound neglect. Gisela has lost about a third of her body weight under the care of the Public Guardian. Her dentures are missing. She needs new eyeglasses, and she is rarely allowed access to her hearing aid.
Deputy Public Guardian Carlotta Royal was adversarial toward this reporter’s enquiries about Gisela’s welfare. Moody has not responded to requests for comment.
Full Article and Source:
Santa Clara County Residents Speak Out Against Elder Abuse by Public Guardian
See Also:
NASGA: Gisela, California Victim
Department of Social Services (DSS) is investigating a myriad of neglect and elder abuse allegations at Villa Fontana.
The San Jose, CA residential care facility for the elderly openly acknowledged they have unlawfully isolated resident Gisela Riordan for over two years. “She doesn’t have the right to make decisions for herself,” said Jennifer Lan of Villa Fontana. Ms. Lan would not acknowledge that the Personal Rights, posted at left, apply to all residents.
Gisela has rarely been allowed visitors or phone calls since being placed at Villa Fontana in 2010. She has been allowed to see her son, Marcus Riordan, only three times in two years.
DSS is investigating the following complaints concerning Gisela’s care.
•Resident not allowed visitors
•Resident not allowed phone calls
•Resident lost substantial weight
•Resident may not receive adequate food
•Resident’s dentures are missing
•Resident’s eyeglasses need replaced
•Resident’s hearing aid needs calibrated
•Resident is denied access to hearing aid
•Resident has inadequate furniture in her bedroom (no chair or table)
•Resident has damaged furniture in her bedroom (dresser drawer broken)
•Resident has inadequate lighting in her bedroom
•Resident has no towels in her bathroom
On May 10, 2012 DSS visited Villa Fontana and began their investigation. Regulations require DSS respond to the complaints within ten days. Citations may or may not be issued, depending on cooperation from the facility.
Source:
Villa Fontana Under Investigation for Neglect and Elder Abuse
See Also:
Elder Abuse – Isolation by Public County Guardian in Santa Clara County, CA
NASGA – Gisela, California Victim
<img style="float:left; margin:0 10px 10px 0;cursor:pointer; cursor:hand;width:
200px; height: 186px;” src=”https://nasga.wordpress.com/wp-content/uploads/2012/05/emerich2bj-2bbedin1.jpg?w=300″ border=”0″ alt=””id=”BLOGGER_PHOTO_ID_5736566276907620210″ />Emeric J. Bedin,October 18, 1920 – April 22, 1998
“Our Hero – The Great Fighter for America, Liberty and Freedom” 14th anniversary:
You are not alone now. Your beloved devoted wife, Dolores, took up the same fight of cancer and fought the good fight in the example you gave all of us. Emeric did not back down with doctors predictions that he had weeks to live. He lived 2 and 1/2 years beyond the statistics. He said: “Never give up. Fight for what is right. Know that moment before you go to sleep at night and your eyes are closed review what you did during the day and if you treated everyone right.”
Emeric was willing to lay his life down landing in Normandy during WWII for our great country to preserve Freedom, Liberty and Justice and all to be treated equally. When he had 100 Nazi’s chasing him he outran them. What has happened 67 yrs later? How did this spirit get lost by those who are to heal us? 
His widow was forced to fight for her civil rights when she asked questions to a leading Chicago hospital why she did not get results from a CT Scan taken 5 months earlier that she had a mass in her pancreas. The last year of her existence, she was obliged to fight two battles at the same time; not only her cancer, but the dysfunctional medical system that did not allow her any questioning about the crucial mistake.
For that, she was put at risk to be taken away from the loving care and dedication of her daughter. Hospital administrators bullying her that a Public Guardian would be assigned. A paradox that is a call to conscience to those dismissing the elderly and labeling them as incompetent when they aren’t, taking their rights away. Emeric fought to keep Liberty with no self interest or bottom line profit. Our hero gallantly reached down and greeted his bride, Dolores, escorting her up the stairway to Heaven.
They fought the good fight, they finished the race, they kept the faith honoring them by asking how we treat the elderly and terminally ill with rights and dignity? And as Theodore Roosevelt said: “It is not the critic that counts. The credit belongs to the man who is actually in the arena; whose face is marked by dust and sweat and blood; who strives valiantly; who errs and comes short again and again; who knows the great enthusiasm and great devotions, and spends himself in a worthy cause, who at the best, knows in the end the triumph of high achievement; and who at the worst, if he fails, at least fails while daring greatly; so that his place shall never be with those cold and timid souls who know neither victory nor defeat.”
We miss you Dad and hold Mom tight in your arms – she fought hard. We honor that young soldier in Normandy who would be furious knowing 67 years later how his widow was treated by hospital administrators trying to take her freedom and rights away. By the Delores DeGrandis Bedin Foundation for patient and elderly rights. “The elderly are people too.” For help or to report abuse call 646-262-6200.
Source:
In Memoriam
See Also:
NASGA: Delores Bedin, Illinois Victim
…This growing profit industry, milked by professionals and nonprofit organizations alike, is operated under color – and cover – of law, ironically described as “protective” statutes and commonly known as “guardianship” and/or “conservatorship proceedings.”
The ostensible purpose of guardianship and conservatorship law is to GUARD, CONSERVE and PROTECT incompetent persons from harming themselves or others and to protect the taxpayers against these individuals winding up on the public dole.
Over the years, misuse of guardianship law, at the expense of and to the detriment of the very people the law is supposed to be protecting, has created a gold mine for fiduciaries who have lost their moral compass and are driven by greed.
“Guardianizing” a vulnerable person based on false and fraudulent allegations in a petition filed for nefarious purposes, unsupported by evidence and in violation of due process, is becoming increasingly easier as the industry – and the caseload – surges.
Some state statutes have enabled growth of this industry by replacing “incompetent” (the criteria for wardship) with “incapacitated,” thereby lowering the requirement and exposing even persons with minor or temporary physical disabilities to victimization by unscrupulous fiduciaries and the court system which allows them to operate nearly unfettered.
Welcome to “The Protection Industry.”
Source:
Boomers Beware of Guardianship Abuse
Despite the 2010 passage of the Elder Justice Act, policy experts have found that combating widespread abuse of seniors is still not a top priority for care providers and governments alike. As many as one in 10 people age 60 and over are affected by this problem, according to the newest Public Policy & Aging Report (PPAR) from the National Academy on an Aging Society, the policy institute of The Gerontological Society of America. U.S. Senator Herb Kohl (D-WI) and U.S. Representative Peter King (R-NY), who have been heavily involved in legislation to address elder abuse, contributed introductory statements for the issue.
Elder abuse encompasses mistreatment, neglect, and exploitation of a physical, psychological, or sexual nature. The Elder Justice Act was signed into law as part of 2010’s Patient Protection and Affordable Care Act, yet it has received no appropriations to date.
Full Article and Source:
Elder Abuse Remains Hidden Problem as Baby Boomers Reach Old Age
See Also:
Baby Boomers Beware of Guardianship Abuse
In January of 2006, Gary Harvey, of Horseheads, NY, fell down his basement steps. It was an accident that would forever change his life, the life of …… his wife and even people who then didn’t know him or Sara at the time. He suffered a traumatic brain injury. The world suffered the loss of his presence and the loss of innocence. Soon, trusting people would find themselves faced with the harsh reality they had thought to be mere extremists chatter.
The bubble burst. The fantasies dismantled. It was time to see the realities of how it really works, or can really work. (Some get waivers from the new mindset rules or procedure — many don’t — Gary Harvey was one of the don’ts.)
From what it appears, an attorney that was suppose to represent Sara (and therefore Gary) bailed just before the hearing. One would think this would call for one of those continuances that can be given out and often is. Instead, Sara stood alone before the court and with challengers who were well versed in the way the court and system works. She hadn’t a chance. Gary became a ward and it wasn’t Sara that was to be the guardian.
Long story short…
Six years and bit later, here we are and there Gary is.
Guardianship abuses can even involve the courts and system once setup to protect the vulnerable but that have become too powerful and without true accountability.
Sara has spent hours upon hours trying to find a way to get her husband home, where he would want to be, yet she is treated as the bad guy by the system. This makes sense how?
The system peoples petitioned the court to kill off Gary by starving and dehydrating him to death. With this in mind, they feel what need to protect Gary and from what? What is it that they think Sara could possibly do to her husband that is far worse than starving and dehydrating him to death?
Perhaps none of this is a matter of caring well for Gary or protecting him from potential outside harm. Perhaps, instead, the need for the system people to hold on to Gary is something we should all wonder about and demand an answer to.
Simply put… why can’t he go home to live or die? It doesn’t make sense that he can’t! It simply doesn’t!
Full Article and Source:
The Case of Gary Harvey: An Unsolved Mystery
See Also:
Help Bring Gary Home
National Association to Stop Guardian Abuse 
