Legal Guardianship

[legion]

Read the whole article, it paints a pretty scary picture.

https://www.newyorker.com/magazine/2017/10/09/how-the-elderly-lose-their-rights

It seems like Ms. Parks may have some informants in the medical community who violate HIPAA (presumably for a kickback) to get her new clients.

[pwd72s]

Jesus!

[RKDinOKC]

That is so sad.

Children really need to set up a legally notarized and officially filed living will. It is not about just whom gets what after they pass. It should mandate guardianship and by whom, and what constitutes when that guardianship is necessary and what powers the guardian or guardians have. It should also have whom becomes the guardian if those initial guardians are deemed unfit. It is signed and witness by all involved, parents, guardian(s), legal witnesses, and even doctors (to validate the parent(s) ability to make those decisions) and filed with the court system. If their guardianship is ever contested the living will can be used to support the preferred guardians and what they are empowered to do, including assets, medical care, and living arrangements.

If you or your parents don't have one, contact a lawyer and get it done!

[Eric 951]

That is frightening.

[stomachmonkey]

They should all rot in hell.

[legion]

I don't know how common the situation is in other places, but the article was pretty specific to Clark County, Nevada. It seems there is a cottage industry of professional legal guardians who find older people with significant assets, get a doctor to declare them mentally unfit, and then seize control of their assets, all while the victim is pretty much unaware it is happening until it is too late.

If I was over 50, lived in Clark County, Nevada, and had significant assets, I'd be worried. (tabs!)

[matthewb0051]

Just because I wanted to see what she looks like. This issue is beyond disgusting.

[asphaltgambler]

Evil here ....................................greed

[tadd]

She couldn't have done it without the courts help. Where was the senior judge??

[legion]

All of the cases came before one "guardianship commissioner", who had the binding legal power of a judge.

The Clark County guardianship commissioner, a lawyer named Jon Norheim, has presided over nearly all the guardianship cases in the county since 2005. He works under the supervision of a judge, but his orders have the weight of a formal ruling. Norheim awarded a guardianship to Parks, on average, nearly once a week. She had up to a hundred wards at a time. “I love April Parks,” he said at one hearing, describing her and two other professional guardians, who frequently appeared in his courtroom, as “wonderful, good-hearted, social-worker types.”

Norheim’s court perpetuated a cold, unsentimental view of family relations: the ingredients for a good life seemed to have little to do with one’s children and siblings. He often dismissed the objections of relatives, telling them that his only concern was the best interest of the wards, which he seemed to view in a social vacuum. When siblings fought over who would be guardian, Norheim typically ordered a neutral professional to assume control, even when this isolated the wards from their families.

Rudy had assured Belshe that he would protest the guardianship, but, like most wards in the country, Rudy and Rennie were not represented by counsel. As Rudy stood before the commissioner, he convinced himself that guardianship offered him and Rennie a lifetime of care without being a burden to anyone they loved. He told Norheim, “The issue really is her longevity—what suits her.” Belshe, who sat in the courtroom, said, “I was shaking my head. No, no, no—don’t do that!” Rennie was silent.

Norheim ordered that the Norths become permanent wards of the court. “Chances are, I’ll probably never see you folks again; you’ll work everything out,” he said, laughing. “I very rarely see people after the initial time in court.” The hearing lasted ten minutes.
...
The rationale for the guardianship of Norbert Wilkening, who lived on the bottom floor of the facility, in the memory-care ward, for people with dementia (“the snake pit,” Rudy called it), was also murky. Parks’s office manager, who advertised himself as a “Qualified Dementia Care Specialist”—a credential acquired through video training sessions—had given Wilkening a “Mini-Mental State Examination,” a list of eleven questions and tasks, including naming as many animals as possible in a minute. Wilkening had failed. His daughter, Amy, told me, “I didn’t see anything that was happening to him other than a regular getting-older process, but when I was informed by all these people that he had all these problems I was, like, Well, maybe I’m just in denial. I’m not a professional.” She said that Parks was “so highly touted. By herself, by the social workers, by the judge, by everyone that knew her.”

At a hearing, when Amy complained to Norheim that Parks didn’t have time for her father, he replied, “Yeah, she’s an industry at this point.”
...
The opinions of wards were also disregarded. In 2010, Guadalupe Olvera, a ninety-year-old veteran of the Second World War, repeatedly asked that his daughter and not Shafer be appointed his guardian. “The ward is not to go to court,” Shafer instructed his assistants. When Olvera was finally permitted to attend a hearing, nearly a year after becoming a ward, he expressed his desire to live with his daughter in California, rather than under Shafer’s care. “Why is everybody against that?” he asked Norheim. “I don’t need that man.” Although Nevada’s guardianship law requires that courts favor relatives over professionals, Norheim continued the guardianship, saying, “The priority ship sailed.”

When Olvera’s daughter eventually defied the court’s orders and took her father to live at her seaside home in Northern California, Norheim’s supervisor, Judge Charles Hoskin, issued an arrest warrant for her “immediate arrest and incarceration” without bail. The warrant was for contempt of court, but Norheim said at least five times from the bench that she had “kidnapped” Olvera. At a hearing, Norheim acknowledged that he wasn’t able to send an officer across state lines to arrest the daughter. Shafer said, “Maybe I can.”

Shafer held so much sway in the courtroom that, in 2013, when an attorney complained that the bank account of a ward named Kristina Berger had “no money left and no records to explain where it went,” Shafer told Norheim, “Close the courtroom.” Norheim immediately complied. A dozen people in attendance were forced to leave.
...
The family seemed to have suffered a form of court-sanctioned gaslighting. Passer’s daughter, Joyce, a psychiatric nurse who specialized in geriatrics, had been abruptly removed as her father’s co-guardian, because she appeared “unwilling or (more likely) unable to conduct herself rationally in the Ward’s best interests,” according to motions filed by one of Shafer’s attorneys.

She and Manoli had begged Norheim not to appoint Shafer as guardian. “Sir, he’s abusive,” their lawyer said in court.

“He’s as good as we got, and I trust him completely,” Norheim responded.
...
Parks and other private guardians appeared to gravitate toward patients who had considerable assets. O’Malley described a 2010 case in which Parks, after receiving a tip from a social worker, began “cold-calling” rehabilitation centers, searching for a seventy-nine-year-old woman, Patricia Smoak, who had nearly seven hundred thousand dollars and no children. Parks finally found her, but Smoak’s physician wouldn’t sign a certificate of incapacity. “The doctor is not playing ball,” Parks wrote to her lawyer. She quickly found a different doctor to sign the certificate, and Norheim approved the guardianship. (Both Parks and Norheim declined to speak with me.)
...
In the wake of Parks’s indictment, no judges have lost their jobs. Norheim was transferred from guardianship court to dependency court, where he now oversees cases involving abused and neglected children.

[wdfifteen]

Sad, scary, infuriating. There are some real snakes out there.

[pwd72s]

I'm now glad that Cindy insisted we set up a trust. Predators on the elderly are out there...

(edit) Big tip of my hat to Legion for bringing this up.

[wdfifteen]

Originally Posted by pwd72s

I'm now glad that Cindy insisted we set up a trust. Predators on the elderly are out there...

+1 on the trust. I HOPE it is still untouchable by a guardian by the time I need it, but you never know what laws will be passed for the benefit of the crooks.

[matthewb0051]

Originally Posted by tadd

She couldn't have done it without the courts help. Where was the senior judge??

And the special master (quasi judge) did not get indicted. When I read the article I could not help but think he tacitly allowed this to occur. Moved to another court but he should have been moved to a jail cell along with her. And the supervisory judge should have had a boot in his behind as well.

[GH85Carrera]

Originally Posted by RKDinOKC

That is so sad.

Children really need to set up a legally notarized and officially filed living will. It is not about just whom gets what after they pass. It should mandate guardianship and by whom, and what constitutes when that guardianship is necessary and what powers the guardian or guardians have. It should also have whom becomes the guardian if those initial guardians are deemed unfit. It is signed and witness by all involved, parents, guardian(s), legal witnesses, and even doctors (to validate the parent(s) ability to make those decisions) and filed with the court system. If their guardianship is ever contested the living will can be used to support the preferred guardians and what they are empowered to do, including assets, medical care, and living arrangements.

If you or your parents don't have one, contact a lawyer and get it done!

In this state, there is no "filing a will" with anyone. The city, county or state have no place or way to store it. It is up to you to have one, and your attorney should have one. Give the heirs and executor a copy in a sealed envelope if you can trust them. Ask for it back every few years for revisions just to see if it was opened. Act accordingly on that information.