The Los Angeles Times recently ran a four part series on the "Guardianship for Profit" scams which are only now coming into media attention, although they've been an on-going problem which is going to get worse. My nightmare began over a year ago in Florida and has cost our family over $250,000.00 and nearly cost my parents their home and their very lives.

I've joined forces with an organization called guardianshipwatch.org and have created a Yahoo egroup for other victims to join. If you, or anyone you know has fallen victim to this injustice, please tell them to join us at guardianshipscamsandsolutions@yahoogroups.com.

Raven, you are to be commended. It is a horrible, horriable crime and like so many other "new" ones that hit the streets, virtually unheard of until someone unselfish like yourself, and the organization you have linked with, start campaigning to get the word out to the rest of the world. What a great thing you are doing.

JJ

Raven, if you don't mind, could you tell us more about what happened to your family?

To make a very long story shorter, in 2002 my father had a minor mental stroke but he could no longer operate the family bakery business, so it was sold in 2003. My cousin in Florida made it her life's goal to take advantage of the situation and convinced my father to visit her for a "vacation", which he used to do frequently. Once he got to Florida, she convinced him that my mother and I were out to get him, find a sleeze of an attorney, revoked my mother's power of attorney and was appointed POA, tried to cash a check for over $50,000.00 and hid him from us for nearly 3 months. My mother was falling apart in NY, my dad was somewhere in FL and I was living in CA with my family. In July of 2004 I phoned the Florida hot line to report my cousin's activities. I was lied to and told I could not have guardianship because I did not live in the state, so they suggested the Jewish Family Services of West Palm Beach act as a temporary emergency guardian to get my cousin out of the picture and return my father to NY. I flew to the hearing in Sept of 2004, and was again told I could not be the guardian, so JFS assumed permanent status and was worse than my cousin's activities. We finally managed to get my dad out of there in May of 2005 and then discovered that the agency and their attorneys spent nearly $250,000.00 of my father's life savings in this guardianship scam. $25,000,00 when to the "divorce" attorney and over $50,000.00 went to the "guardians" and their attorney, Mark Shalloway , who happens to be the Vice President of the National Academy of Elder Law Attorneys. In spite of a court order dated Oct 11, JFS and the Shalloways have still not returned the remaining funds in my father's account in Florida which he needs to pay his expenses. I've phoned and written everyone from Washington D.C. down to the Palm Beach Mayor's office and not ONE elected official, social service or any other non-profit agency can or will do a thing to help.
By chance I found a web site guardianshipwatch.org and contacted the founder. Her agency only has NY and FL scammers listed, and we're committed to go after ALL parties, lawyers, agencies, even JUDGES to expose this horror which will only get worse before it gets better. SO, if anyone knows of someone, or if you have been a victim of the guardianship "system", please visit my egroup at:

http://groups.yahoo.com/group/guardianshipscamsandsolutions/

Thanks to everyone and the very best HOLIDAY to all!

Raven West

Raven, please write something up about your group and guardianshipwatch.org and I'll put it in the next NABBW newsletter. I'm happy to help spread the word.

Thank you Dotsie. I've just added two more links to the egroup site including the link to guardianwatch.org site and the Los Angeles Times 4 part series which was published last week.

I'll send you the information on guardianwatch as soon as I get it from Lori. As for the yahoo egroup:

This is a group for victims and their families of the Guardianship system which robs Seniors of their dignity and life savings. Our goal is to create a national coalition of law enforcement, non-profit agencies and pro bono attorneys who will fight for the rights of all victims of this insidious new industry of legalized theft which threatens the very lives of future generations.

you go, Raven!!! what horrible degree of GREED it takes to steal retirement funds from the elderly and their families. i hope you and your group can make enough noise to be heard in the right circles.

Raven, please send me this information in an email to dots@nabbw.com. Since you are a member of nabbw I can put it in both newsletters. Yahoo!

Please visit www.nabbw.com to learn about the National Association of Baby Boomer Women. One of the benefits is reduced advertising at BWS and the opportunity to be promoted in our newsletter.

We just received the final report from the Florida Guardians. In just over one year, they spent over $284,000.00 of my father's life savings, leaving only $22,000.00 left. The court had ordered Jewish Family Services to close his account in October and return the remaining funds to my father. Instead, they spent an additional $5,000.00 and their attorney, Mark Shalloway, sent the check to MY attorney with a note that she was to put it into her escrow account and HOLD IT until we signed the waiver stating that we would not file any further action against them. Only AFTER we signed the waivers, were we to get the money. HIS MONEY. This is extortion, as well as violation of the court order.
Every detail of this nightmare will be published and these people will be exposed for the crooks they are!

You go Raven,
If the attorney's don't steal everything then the relatives like mine do . They tell you mother that you children said you don't want anything and then they come along and take it and it to your mother twice one by the grandfather and now mother . I wonder how long can they keep this up.Crooks and Greed Yes. What goes around will come around . They will have there day.

[ December 17, 2005, 09:41 PM: Message edited by: Nancy50 ]

We lost our relative to a guardianship conservatorship scam in Monterey CA. Our relative died in state custody, state confinement, in her 10 person board and care in Carmel, CA. She looked like a POW, skin and bones. She a woman of means, became a ward of the county and state and she died a pauper. She was the golden goose. We were the power of attorney. She wanted her family and she was not incompetent. She was a virtual prisoner and not even allowed to visit her family. She became a ward of the state when she had family willing and able to care for her. Her state appointed attorneys did the opposite of what she wanted. We are in court having sued them. The system is corrupted. Johnny

Johnny, I am so sorry to hear about your loss. How painful to have to sit back and watch a loved one suffer.

I don't understand how this can happen if she had living relatives. I'm very ignorant when it comes to this topic. Please help educate me.

Monterey County, CA Public Guardian office has power and it abuses it. We lived many miles away from our relative and we were in the process of moving her to our home. The 10 person board and care and the county wanted her money and they did not want her to leave so they "conserved" her, bypassed immeidate family, nominated themselves for the job (and then charged $27,000.00 for the first year's fees), bypassed the power of attorney and people she nominated to be her conservators in her health care directive proxy.Immediate family is supposed to have priority and standing under the law.The courts do exactly what the county wants. The froze all her money and took her identification. After the temporary over the telephone conservatorship, she was drugged with an anti psychotic drug Zyprexa known to be dangerous to seniors. Then they told us we could not take her out of the facility even for a drive. Mrs. Rose never got to see her home again. Then they sold all the antique furniture some of which we said was ours and all of it was our interhitance. This is a scam and a scandal and evil. Be sure to place someone you trust on your bank accounts and on deeds to your home. The Monterey county CA public conservators scammed Mrs Rose of everything. She died skin and bones looking like a POW with open lesions and severe brusing, a pauper and alone. The county still won't send us her old clothes and personal items. The took everything. Vultures and criminals. The system is corrupted from the top to the bottom. A watch dog group is needed.Thank you for your condolences. Johnny

God grief what a horrible ordeal this poor woman was forced to endure. This is a very serious and all too frequent crime and yes it is the same as breaking and entering and murder. I can't believe something couldn't have been done, if not state wise then federally. I am going to have some friends in Washington look this situation over and see whats what. This could happen to any of us the way the system is set up now and people like Dotsie and most of us are not aware of what to do....scary!!

I'm currently putting together notes for a book "Blood Tastes Lousey With Scotch" about what my cousins did and the past 18 months fighting for the financial life of my father. I's posted some of the documents, including the "extortion letter" I received from the guardian's attorney on my web site: http://ravenwest.net.

Raven, I looked, but couldn't find the documents. Mind giving us the exact link? I'm interested.

My mother lost the sight of on eye due to a condition called Giant Cell Arteritis. However, when she left Bascom Palmer Hosp. the best in eye care in the USA she had a prescription for glasses, and a prescription for prednisone to prevent the condition to affect the other eye. We placed her at a local ( Miami) Rehab./Nursing Center on a temporary basis. Soon, I noticed that she had bruses on her arms, she told me that she had fallen out of bed,( the adm. denied it) although she had bruises on her back, cuts on her elbows, and was heavily medicated with psychotropic drugs... after I found her on the floor, on a Sat. afternoo, with the shades drawn, lights out, door closed, on a mat on the floor crying, and the radio full blast to drown her cried, I told the rehab./nursing home adm. that I was going to report her to the elder abuse line... It went before the administrative judge maria Korvik who send a group (3) people only one a doctor, to determine if mother was competent. Although one of my complaints was that she was so medicated that she could not even lift her head up, or open her eyes, and would slured as she tried to speak; the team, who took a total of 15 min. at the center, deemed her incompetent. The Judge appointed a professional guardian to my mother, and my brother who used to be an atty. but has been in an active psychiatric disability for at least 9 years,guardian of the property-- her home, and social security ck. Although I had hired the best atty. in town ( he handled a probate case for one of Richard Nixon's daughters), changed me for the stamps and filing the application for guardian ( on 2002) now after mother has lost her sight, and is an indigent because they sold her home to pay her "outstanding debts", after much letter writing, etc. I has appointed guardian of the person,BUT the good judge also appointed a Court MOnitor to my Guardianship- everything is send to him to look over and make recommendations... the judge claimed that i had never filed an application for guardian. My adult daughter and I wrote and file for the public record, several letters refering to my application and asking why I was not appointed guardian of my mother... not to mention, that on the letters are detailed info. on the abuse and neglect mother was forced to endure, since the judge had Order mother to stay at the same abusive setting I had reported to the Elder Abuse Hot line. Lots to tell, so little space and time. I am looking for people with the same problem to network in hopes of bringing as many cases as possible to light. I am also looking for people to help us expose these abuses, my emailing their friends, writing letters to public officials requesting an investigation on our cases, and gathering signatures to change legislation so that we are indeed protected from further abuse. Judge Maria Korvick is up for re-election this year. Please help us, in making sure that changes are done.

Maritza, I have a feeling one of the biggest problems is over medication. It si so common in the elderly.

I am sorry to hear all that you've been through. How far is the facility from you home? How often do you get to see her? Must be heartbreaking to feel like your hands are tied.

I hope other women who have been through similar situations will post soon.

Hi Raven,
Maritza from Miami here. As you know, because I spoke to you, I am dealing with the same problem in Dade County. I am thrilled that you got something together for everyone who has experenced these kinds of atrocities, can sound out, share, and inform others-- I have been in the process of doing the same, but lack of time has held me back. In any case, I will be contacting your site and posting. Please look at my Post called Forced Guardianship in Dade County Florida. I would appreciate it if you can refer, family member in this area to me. I will also do the same when I contact your site. I did a public records file research and found some very interesting things on the various cases. If fact, I contacted via phone from the files, several fam. and compared notes of common incidents and manipulation from the people involved. Please let me make you aware, that in the 11th Probate Circuit Court,the Administrative Judge who happens to be over my case, and another judge are up for re-election. Interesting enought, I just found out, that my 1st atty. is helping one of them on the raising money Part of the campaign... you would think, that this would be a conflict of interest. After all, this atty. will be going in front of this judge sooner than later --don't you think?

Maritza,
Let me help you clarify some issues you mentioned.
First of all when a judge is campaigning and several attorneys happen to share his platform, such as Republican, democrat eic. There is absolutely no conflict of interest there. The cases they represent are suppose to be sepaerate and do not enter into campaign agenda. I would be careful as that is the same as saying that attorney is a Republican just like the judge, That type of statement will get Absolutely NO one to listen to your story. Please be careful you are not labeled as a "radical, disgruntled heir". You want to get action for your problem. Inapropriate public statements will only get your problem ignored as you will be labeled.
Free advice do as you please.

Maritza,John and all

I'm puttting together the final pages of my memoir. Our case is not yet finished. Still have to contest the guardianship fees and then we'll plan to sue everyone on my "hit" list. There really are decent attorneys out there, even in Florida!

Raven

Our relative was forced to pay thousands of dollars for aids to sit in her room. Mrs. Rose had hospice which should have covered her care by aids under medicare. Our relative lost her liberty over the telephone with no legal representation, no evidence and no notice. Just so you know, a landmark legal case Grant vs. Johnson (Federal Court Oregon) makes it a civil rights violation to do a temporary guardianship/conservatorship with no notice.She was drugged with anti psychotics to chemically straight jacket her. And she never did make it home. She died in state custody, state confinement and involuntary incarceration. The family was bypassed to act as conservator and nobody listened to Mrs. Rose when she said she wanted more than anything to be with her family and they won't let me go. How does this happen? Elders need to live close to their family, if they have family, or near friends. Put your children or close friends or relatives on your bank accounts and deeds to homes. Our relative retired in Carmel, CA. She died skin and bones with open lesions and severe bruising looking like a POW in her board and "care" in Carmel. She, a woman of means, became a ward of the state. The county conservator even sold her personal property and our personal property while she was alive--furniture, pots and pans, even her shoes for about $2. It has been over six months since her alleged wrongful death and the county conservator won't tell us where the few items of personal property are located. Our property and inheritance has been confiscated for over six months and we have been recently told it is in some basement in Salinas, CA. The Monterey County Conservator asked for (and court okayed) $50,000.00 in fees for 20 months "work". Now they are asking less, one fourth of the estate they bankrupted. And the county public conservator placed an obituary in the paper and charged the estate. (no such request was made from Mrs. Rose in her will). Not anyone's idea of freedom or respecting old age. Write your senators and congressman and news stations or maybe c-span and public tv. These scams are getting worse, not better. Raven, keep us posted on your lawsuits. We are in ongoing federal litigation. We all need to get this topic to the press and media. Johnny

I'm not exactly sure how this will work, but I've begun the process of creating the NATIONAL ASSOCIATION TO STOP GUARDIAN ABUSE. So far, I have the domain name, stopguardianabuse.org, the email, stopguardianabuse@hotmail.com and the yahoo egroup. My memoir "Blood Tastes Lousy With Scotch" is scheduled for publication August 2006. This "war" has only begun!

Raven, this is awesome. I can help you promote it if you'd like.

Just one small step at a time Raven and a journey of a thousand miles can be attained. Good luck to you, this is such an important cause for us all.

It has been close to seven (7) months since are relative died skin and bones with open lesions and severe bruising in her board and "care" in Carmel, CA, in state custody, state confinement and involuntary incarceration and the county public conservator still will not tell us where the left over personal property is located. We know it is in some basement in Salinas, CA.It appears the CA legislature has passed laws to allow the county public guardian to go after people with more substantial assets (they were supposed to go after the poor with no family. Our relative had money and family and financial planning and power of attorney and health care proxy). So what this new law will do is open the doors to more and more and more people being conserved and more and more and more loss of liberty and more and more and more drugging of the elderly. Think of all the people with state and county pensions and money? All prey for the conservators. Where are the tv and news stories warning baby boomers? Johnny

Hopefully Raven will be tending to that. I pray this becomes a hot topic in the news so families can take note of what's going on.

Ew Bonnie. This is still something that is foreign to me and I hope remains so. How does this happen? Did you know aobut it while she was going through it? Does she have a power of attorney? Wouldn't that person be able to intercede on her behalf? I don't understand how this keeps happening.

Bonnie, sorry to hear about your friend. Does your friend have a lawyer and what is the lawyer doing to help? How did this happen to your friend?
She can sue under civil rights deprivations.
She needs a really good lawyer in her corner. Johnny

Bonnie email me and give me the particulars, maybe we can get you going in the right direction to improve things for this lady.

Bonnie is in what state?
The last people /agencies you want to go to are Adult Protective Services ( APS) and social services.
Has your friend been to court?
Your friend has a right to an attorney and a right to refuse drugs. What does the husband say?

Bonnie,
Did this take place in New York? I am suprised.
There are some great attorneys in New York that may be able to help you.Have you spoken with your friend and asked her what she wants to do?
Because all in all she still has the right to make those decisions. If she wants the step daughter to have POA there is nothing anyone can do about her choice.Unfortunately that is still one of her rights. Is she still on the psycho tropic drugs you named or was that a breif duration, because if she is not on these drugs now, you should speak with her and see if she in fact wants any help. If she does you can contact an Elder abuse attorney or in New York a Geriatric specialist could also help. If she does not want the help then sadly your hands are tied.

The other thing you can do if she wants help is have an attorney go into the ward and have her sign a guardianship ( there is that dreaded word) over to you. That would in effect cancel the POA that the step daughter now has. It would cost too much money for the family to fight it.

Bonnie, what state are you in?
You could try filing a writ of habeaus corpus (in court) to free your friend. Have you contacted state senators?
Sounds like she really needs a lawyer.
Johnny

You might try writing the Attorney General and Governor. If your friend can speak up, she needs to speak out. There may be legal services for seniors in your area; she can place a call to them or bring a cell phone and maybe she can place a call to a new lawyer. She can change lawyers. There is an ombudsman who is supposed to represent the interests of the nursing home person.
Sorry for your troubles.
Johnny

For HELP with Guardianship/Conservatorship Abuse, please visit the website of the newly formed
National Association to Stop Guardian Abuse at

http://stopguardianabuse.org.

Raven West
aka Robin Cohen Westmiller

Very nice Raven!
Johnny

It has been over seven months since the County Conservators confiscated our property and they will not release the location of the left over personal property--personal photos, clothes, old tv, which is our inheritance. In fact, now the conservators are saying they will dispose and sell of the remaining property if we do not retrieve it. How can we have the property sent to us or get it picked up when the county refuses to tell us the location of the property? Because so much is likely missing or ruined from over seven months in a possibly contaminated basement, the county obviously, in our opinion, does not want us to have anything. They already sold our property and our relative's valuable property with no notice while she was alive. Other states seem to still have some ethics when it comes to guardianship scams. CA seems to look the other way. It is the wild west. Anyone still want to retire to Carmel, CA? Johnny

Dear MSI, Johnny, Raven West, Dotsie and any boomer interested,
My friend has gone back home and has in-home care. The first week she had around-the-clock caregivers; now it's down to 9-5 each day. I don't know what's going to happen here; but my friend wanted the situation kept hush, hush; my spouse won't let me hire legal backing or private investigators. So my hands are tied. I'm praying, nearly nonstop, for the my friend's protection and healing. Thank you for your help, moral support and understanding.
Prayers and blessings,
Brose

Thanks for the update. I hope she doesn't have to keep reducing the hours of her care. Why did it have to drop back to 9-5?