Questions sent to the Senate Special Committee on Aging in 2011

IN RESPONSE TO THEIR HEARING ON ELDER ABUSE

WE ARE ASKING OUR STATE AND NATIONAL LEADERS WHY ?

1. Why is it legal to abuse and rob the elderly in guardianships?

2. Why is it legal to force an “alleged” incapacitated person into guardianship with an emergency or some other hearing without due process of the law where the ward is not present and/or not represented by counsel? Why are our constitutional due process rights under the 14th amendment not protected in guardianships?

3. Why is it legal to isolate a ward, to over medicate, to chemically restrain, to sterilize and even authorize an early death through hospice in guardianships?

4. Why do the advance directives of these dear elderly citizens appear to mean nothing? The designation of a pre-need guardian, a power of attorney or health care surrogate are routine ignored in the incapacity process.

5. Why is it legal for one person (a judge) to give one human being to another private citizen (“the guardian”), then walk away, and let that person have their way with the incapacitated person and their estate?

6. Why are there no jury trials?

7. Why are these wards of the State in guardianships not being protected by the State… are they not wards of the State?

8. Why is it that when someone allegedly steals from an elderly or vulnerable person that the alleged victim can be sent into a guardianship instead of the crime being investigated by the criminal justice system and adult protective services? The victim is forced to pay for the crime in a probate court instead of it being handled by the criminal justice system where the victim doesn’t have to foot the bill to get justice? Furthermore, rarely are the allegations of wrong doing  that create the need for guardianship ever proven in these guardianship cases. Instead, they are being used as an excuse to take over the life of the person and their property. Why do the American Rules of Civil Discovery not apply to Guardianship Proceeding?

9. Why do we need to have emergency hearings for guardianships when adult protective services should be able to do their job and protect the vulnerable alleged incapacitated person until they can be afforded due process?

10. Why is it legal to bill tens and hundreds of thousands of dollars to a ward for services that do not benefit them in breach of any fiduciary duty and yet it is not called a crime, it is called protection of the ward ?

11. Why is it legal for a guardian to deny visitation to a ward, to allow them to be isolated from their community and their loved ones ?

 WHY ?

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