Guardianship Study Commission Message #10

Photo above: “The righteous care about justice for the poor, but the wicked have no such concern.” Proverbs 29:7

WillPowerNM is pleased to present a 2nd guest article written by Concerned Senior Citizens. Their first guest article appeared on May 31, 2017 and can be read at this link.


Dear Guardianship Study Commission Members, News Media Professionals, and others:

The Adult Guardianship law is spelled out very clearly: the law is to protect the incapacitated person and their assets. If the courts would only follow and carry-out the protection of the incapacitated person, this guardianship scandal would not be consuming public interest.

We want to make it perfectly clear: we are not talking about families where one family member becomes the legal, court-appointed guardian of another family member. We are talking about guardianship cases where a judge appoints non-family members, usually corporations and/or attorneys, to be the legal guardian, conservator, and frequently trustee of the incapacitated person. Most typically, this “3rd party professional” aka non-family appointee (attorney, guardian, accountant, or other professional) is a complete stranger to the incapacitated person, whose valid Will, POA or Trust agreements may all have been voided by the judge in appointing the judge’s chosen person to these positions of great financial, emotional, health, and physical power over the incapacitated person.

In making these appointments, the Judge frequently relies on hearsay evidence presented by the non-family appointees that are not substantiated by even a cursory review of the facts. But because the non-family appointees have legal standing to speak in the courts, while the family members do not, the Judge revokes the incapacitated person’s choices to be their guardian or trustee and the non-family appointees are given complete control of a living human being and their entire life’s assets – all because of baseless allegations these “professionals” manufactured to paint themselves as preferable to family members. This results in no Due Process for the incapacitated person, and none for their family as well.

By the Judge appointing a 3rd party non-family unknown to the incapacitated person the door is opened for negligence, abuse and fraud that is unsupervised by the court. The thousands of complaints regarding Adult Guardianship involving these non-family appointees are terrifying: everything from health abuse, isolation of the incapacitated person from the family, repeated accusations that the guardianship was forced and never justified, and so on.

The polestar complaint around non-family court appointees has always been that the assets of the incapacitated person have been drained. Listening to the complaints, there has been absolutely no indication whatsoever that the assets of the incapacitated person have ever been protected or preserved, only conversely taken-away and depleted. With no evidence of protection of the assets, we the people, can’t help but determine that the Guardianship law is being used only to take away all of the assets of the incapacitated person.

The public is very confused: is the purpose of the Guardianship law to protect the assets or to take the assets away? The reality is, the courts do not seem interested in carrying-out the law to protect the incapacitated person’s assets, and the court appointed guardians’ only objective is to swindle all assets.

The question for the Commission is: Should the courts follow the law to protect the incapacitated person and their assets, or should the courts continue to use Guardianship laws to allow the court-appointed guardians, along with other court-appointees, to abuse their wards and deplete an incapacitated persons’ estate?