"How The Elderly Lose Their Rights" New Yorker article

[athena53]

Good grief, that is scary. Clearly a need to take steps to turn guardianship over to the kids sooner than you might have thought. With no family to fall back you would be an even bigger target.

I agree. I'm far from that point (age 64, excellent health) but if I start losing the ability to run my day-to-day life I'll need to find a lawyer who can help me turn control over to DS before someone else grabs it. Fortunately, I trust DS to act in my best interests.

I hope there's a special place in hell for those professional "guardians".

 

[Teacher Terry]

How someone could even do that to people is totally beyond my comprehension. A person has to be truly evil with no conscience at all.

 

[GrayHare]

This is another argument for spending while one still can. If you don't someone else will do it for you, legal or not.

 

[Dash man]

Our Trust has our attorney as a Trust Protector, with the power to fire any Trustee that isn’t acting in our best interest. With USAA and a sister in law as co-trustees and our kids with health POAs and medical directives, I hope we couldn’t fall into this kind of trap. This article is pretty scary though.

 

[Amethyst]

The only way the author could draw a clearer parallel with Nazi Germany would be if April Parks turned out to have a swastika armband. It was telling that the author noted that the victimized couple were Holocaust survivors (based on age, they must have been small children, though, and may not have developed the survivor instinct).

Con artists are heartless people to begin with. I also suspect that old people, if they act helpless and out of it, do arouse contempt and the bullying instinct in some people.

How someone could even do that to people is totally beyond my comprehension. A person has to be truly evil with no conscience at all.

 

[foxfirev5]

Something as innocent as the surveys that Drs offices are using with annual exams alarm me. " Do you ever feel sad" type questions should be a red flag to all of us. DW has a friend who was billed for extra charges for a follow up of these BS questions. It's not such a big leap to be declared incompetent, particularly at an advanced age.

Just because you're paranoid doesn't mean they aren't after you. Simply refuse the BS and think for yourself in the Dr's office.

 

[Walt34]

Does that mean, if the befuddled couple had resisted being taken away to the assisted living, the guardian's threat to call the police was just a bluff?

Most likely, but think about what April Parks is going to do if the bluff is called. She's going to have all her documentation in order showing that they have been deemed incompetent to manage their affairs and that she has been appointed by a court as their guardian. "Probable Cause" that a crime has been committed just evaporated. Absent a showing of a pattern of abuse the police would have little reason to dig further. And trust me on this, some folks would argue that if they did it would be a waste of taxpayer's money.

There is no easy option here. Family members are mentioned as better options for seniors in similar situations, but I think friends and family steal more (more $$ and more cases) and a similar article can be written about how their abuses.

Absolutely. Family members have far easier access and are generally more knowledgeable about what resources an elderly family member has, and where those resources are. I had several cases where family members were guilty of doing exactly that, but if they were joint on a checking and/or savings account for example, they were free to loot it at will and it was perfectly legal for them to do so. Those are among the most frustrating and sad types of cases where trust was badly misplaced.

 

[meierlde]

One thing in the choice of a trustee, a local bank makes a better trustee in many cases because they are heavily regulated. This is an important part of their business. My grandparents set one up and they sold the house with my parents only job being cleaning the house out. When the passed they did the executor role quite well. Yes this costs money but you have a more reliable trustee. (the actual person doing the managing has superiors, who need to supervise.

 

[audreyh1]

One thing in the choice of a trustee, a local bank makes a better trustee in many cases because they are heavily regulated. This is an important part of their business. My grandparents set one up and they sold the house with my parents only job being cleaning the house out. When the passed they did the executor role quite well. Yes this costs money but you have a more reliable trustee. (the actual person doing the managing has superiors, who need to supervise.

Is it usually a percentage of assets, or some fixed fee?

 

[meierlde]

Is it usually a percentage of assets, or some fixed fee?

One would have to check with the individual bank for info.

 

[Amethyst]

April Parks is now in jail, but the hundreds of people she sucked dry in her spider's web seemingly have no financial recourse (she filed bankruptcy, and from what I read, it looks as if the state/county are not liable) She and her husband charged the victims' estates hundreds of dollars for their time spent buying, and delivering, cheap Christmas gifts like socks and popcorn:
UPDATE: Another defendant faces judge in guardianship abuse case - KTNV.com Las Vegas

 

[Koogie]

April Parks is now in jail,...

I'm gonna go ahead and call that a happy ending...

 

[audreyh1]

Yes, but what agony so many folks and their children had to go through!

This story was a wake up call. As we age we'll have to put something in place to protect ourselves from this type of predation.

 

[Car-Guy]

April Parks is now in jail,
UPDATE: Another defendant faces judge in guardianship abuse case - KTNV.com Las Vegas

When I first read this thread I didn't comment for fear of being banned from posting if I shared my true thoughts.

Looks like there is some justice in this case. I didn't read the article yet but I hope they look at the judge(s) that signed the court orders too.

 

[kcowan]

A few years ago, my Dad's family banker (since late 70's) got caught up in a property deal that was nothing but stealing from a well-to-do widow. To hear the story (and especially how it happened with no one noticing) told by one of the attorneys who represented the estate of the widow, you would never believe something so vile could have occurred under so many people's noses.

Oh I believe it. BIL#1 was a banker and handled his aunt's financial affairs. When she died, he went through the house with a fine tooth comb, then turned it over to DW#1 to get rid of the personal stuff. I was given the basement to clear out. I found an old empty file cabinet, and one of her investment statements had fallen behind it and showed a balance of $1.8 million!

I turned the statement over to DW. She eventually confronted him and that was the end of any communication between them. He would have been in jail if I had been the one harmed!

 

[wyecrabber1]

As I read this, I kept shaking me head, saying to myself -- how does this happen? Very sad.

 

[Koolau]

We're contemplating setting up trusts. I would think that choosing a trustee for the estate (after both of us are gone) would be difficult. The kids are scattered and thousands of miles away. Also, they would have a vested interest in disposing of our assets against our wishes (primarily charities.) As someone said already, family members are more likely to act against your wishes since they are the most likely to be named as trustee in such situations. Kind of sad, but so are a lot of things going on in our world. YMMV

 

[Rianne]

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

Summary: Professional "guardians" prey on old people who seem frail, alone in the world - and have enough assets to be worth the trouble. Reporter profiles several incidents where people were essentially kidnaped, placed in facilities, their homes and personal effects sold "to pay for their upkeep." It seems too awful to be true - but these are true stories.

I'm a little confused. Rudy and Rennie North hired April Parks to be their guardian, without their daughter, Belshe, even knowing? And what states allow this other than Florida and Nevada? Did the PA start the ball rolling to take them away? So the doctors are in on this? We have a living trust, does that protect us?

 

[meierlde]

We're contemplating setting up trusts. I would think that choosing a trustee for the estate (after both of us are gone) would be difficult. The kids are scattered and thousands of miles away. Also, they would have a vested interest in disposing of our assets against our wishes (primarily charities.) As someone said already, family members are more likely to act against your wishes since they are the most likely to be named as trustee in such situations. Kind of sad, but so are a lot of things going on in our world. YMMV

This does sound like a perfect fit for a bank trustee (as contrasted to a banker doing it informally as in other posts). In that case you pick the institution not an individual. In fact as the attorney did in my will, it should provide that as a final choice in any will that a bank trust department be appointed (in this case as executor, in the case above as trustee) if any prior folks decline the appointment.

As an alternative a lawyer would also work, since misusing client funds is an easy way to get disbarred. The disadvantage with a lawyer is they might not be there in time of need whereas a bank trust department will be because it is essentially imortal.

 

[Amethyst]

The Norths didn't hire anybody...that's the awful point. It was none of their doing. Behind their backs, the home health aides who waited on them were reporting them to social services for unpaid bills, untidy house, poor hygiene or whatever. It does sound like Rennie was not too "with it," but Rudy had some of his buttons. He was just taken utterly by surprise.

It's not entirely clear to me exactly who determined the Norths were "incompetent," but that is where April Parks and her ilk stepped in. The judge was just an A$$ (he admitted as much later on).

I'm a little confused. Rudy and Rennie North hired April Parks to be their guardian, without their daughter, Belshe, even knowing? And what states allow this other than Florida and Nevada? Did the PA start the ball rolling to take them away? So the doctors are in on this? We have a living trust, does that protect us?

 

[meierlde]

The Norths didn't hire anybody...that's the awful point. It was none of their doing. Behind their backs, the home health aides who waited on them were reporting them to social services for unpaid bills, untidy house, poor hygiene or whatever. It does sound like Rennie was not too "with it," but Rudy had some of his buttons. He was just taken utterly by surprise.

It's not entirely clear to me exactly who determined the Norths were "incompetent," but that is where April Parks and her ilk stepped in. The judge was just an A$$ (he admitted as much later on).

Just like happened to My Aunt who was in a nursing home, social services presented the issue to a judge who ruled. In her case her daughter was not up to filling the role so the court appointed a guardian who proceeded to clean the house out and sell it for no net to my Aunt. The problem is that all the nieces and nephews lived in different states, so the situation would have been very complicated. She was not the only one the guardian cleaned out this way. But in my aunts case it just meant that medicaid paid (instead of the Va because she was a WWII veteran)

 

[Amethyst]

What I can't understand is the "all or nothing"-ness of the process. One day you've slipped a few stitches as we all do in time, but are still enjoying life, with some help from in-home aides and such. The next, you are an unperson, whose life savings - and your very person itself - are now in thrall to a court-appointed guardian who can rip you off at will. Your social status is somewhat below that of Oliver Twist. Where are the shades of gray?

 

[meierlde]

What I can't understand is the "all or nothing"-ness of the process. One day you've slipped a few stitches as we all do in time, but are still enjoying life, with some help from in-home aides and such. The next, you are an unperson, whose life savings - and your very person itself - are now in thrall to a court-appointed guardian who can rip you off at will. Your social status is somewhat below that of Oliver Twist. Where are the shades of gray?

Note that persons have to be served with legal papers in this case, and are free to hire counsel (A basketball team owner was dragged into court over this and the lawyer made a major issue out of it) Now if they did not understand the paper that becomes another issue. One workaround is to change the law so that the person is provided legal counsel for the hearing.
In my Aunts case since she was in a nursing home due to various deficits it is clear the main issue was the choice of guardian. Now in most juristictions I understand there are a group of professional guardians, who don't in general have to post bonds or have a license, but know the judges.

 

[Amethyst]

The article implies that the Norths never saw any papers and were not even interviewed, at least not with their knowledge. The guardian showed up and impounded them.

 

[socca]

Also, they would have a vested interest in disposing of our assets against our wishes (primarily charities.)

As trust grantor you have the ability to limit what the trustee can do with the trust assets & income. The lawyer who helps you draft the trust can fill you in on the options.