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Imagine a system of justice in this country that strips its citizens of their Constitutional rights, voids their existing legal documents, gives others the right to spend their money and sell their assets, isolates them, and has the ability to limit the time they can spend with their loved ones. While you may be thinking of the criminal justice system, the previous description refers to a parallel system that preys on the elderly and is determined to deem them unable to care for themselves. It is a system that allows those in control to take full advantage of their “wards of the state”—legally and under the watchful eyes of judges. It is called guardianship. Guardianship exists in every state, and while it has gone under the radar for many decades, Dr. Sam Sugar’s new book, Guardianships and the Elderly, sheds light on this system, which enables those in-the-know to commit “the perfect crime.” Dr. Sugar, a licensed physician and president of the Americans Against Abusive Probate Guardianship (AAAPG), as well as a victim of the system himself, has written a unique guide that can be used by anyone caught up in the world of guardianship. The book begins by looking at the history of guardianship—from ancient times till today. It then provides a clear overview of how this system is set up to work—from the triggers that set it off to the different groups of people that make up the process: the judges, the guardians, and all their associates. The book goes on to detail the responsibilities given to these players and describes how easily they can manipulate the system to their own advantage. It also presents an accurate picture of just how difficult it is to free a family member from the system. There are things loved ones can do to fight the system, to be sure, but many obstacles and pitfalls await them in the battle. This book is meant to prepare the reader for these eventualities and includes a comprehensive glossary, a helpful resource section, and a number of documents that may prove useful in the pursuit of real justice. While the press has exposed some of the most heinous crimes committed by guardians, for the most part, those who know how to work the system continue to plunder their victims’ estates. Guardianships and the Elderly is designed to explain the guardianship process clearly and make the reader aware of the common violations carried out by court insiders and their affiliates. The information found in this book can serve as a powerful tool when it comes to uncovering their crimes.
This thorough book provides valuable information on guardianship and alternative methods for serving judgment-impaired adults. To date, much of contemporary guardianship policy has been developed by “muddling through.” This book explores developments in case law concerning the scope of the guardian's authority, the proposed national guardianship act, and proposed changes in federal legislation regarding representative payees, and provides guidance in these important areas of concern.
Learn to detect elder abuseand provide the help that your neglected or abused elderly clients need! Even to clinicians experienced in managing difficult client situations, elder abuse is perplexing, complex, and ethically charged. This kind of abuse can be hard to detect, with its subtle manifestations and indicators that could just as easily reflect other problems or illnesses. It can seem impossible to control, particularly when the victim refuses help or denies the seriousness of mistreatment. Moreover, decision-making when dealing with interventions for elder abuse is rarely easy and is frequently clouded by ethical dilemmas. The Clinical Management of Elder Abuse can help. This essential guide for present and future clinicians provides you with multidisciplinary perspectives on detecting elder abuse situations and interventions that can make a real difference in the lives of clients. Three case studies are presented and then examined from the professional perspectives of an attorney, a physician, a nurse, and a social worker. What these professionals have to say will leave you better informed about the dynamics and complexities of elder abuse, about important steps that must be taken in the clinical management of elder abuse, and about the importance and application of multidisciplinary teams in elder abuse work. The handy figures, lists of definitions, and tables you’ll find in this well-referenced book make important concepts and complex information easy to access and understand. The Clinical Management of Elder Abuse shows how professionals in the above disciplines can address the effects of elder abuse, which may manifest as: physical effects, including pain and injury, sleep disturbances, eating problems, and headaches behavioral effects, including anger, helplessness, reduced coping abilities, and suicidal actions psychological effects, which can be wide-ranging and include denial, fear, anxiety, and depression social effects, such as increased dependence, withdrawal, and lessened contact with the outside world As the baby boom generation ages, incidents of elder abuse are certain to continue to increase. Whether you are a student, an educator, an experienced clinician, or a novice in the field, The Clinical Management of Elder Abuse is a resource that you’ll return to again and again as you work to improve the lives of this important, growing population.
More than 7 million recipients of Social Security benefits have a representative payee-a person or an organization-to receive or manage their benefits. These payees manage Old Age, Survivors and Disability Insurance funds for retirees, surviving spouses, children, and the disabled, and they manage Supplemental Security Income payments to disabled, blind, or elderly people with limited income and resources. More than half of the beneficiaries with a representative payee are minor children; the rest are adults, often elderly, whose mental or physical incapacity prevents them from acting on their own behalf, and people who have been deemed incapable under state guardianship laws. The funds are managed through the Representative Payee Program of the Social Security Administration (SSA). The funds total almost $4 billion a month, and there are more than 5.3 million representative payees. In 2004 Congress required the commissioner of the SSA to conduct a one-time survey to determine how payments to individual and organizational representative payees are being managed and used on behalf of the beneficiaries.1 To carry out this work, the SSA requested a study by the National Academies, which appointed the Committee on Social Security Representative Payees. This report is the result of that study. Improving the Social Security Representative Payee Program: Serving Beneficiaries and Minimizing Misuse (1) assesses the extent to which representative payees are not performing their duties in accordance with SSA standards for representative payee conduct, (2) explains whether the representative payment policies are practical and appropriate, (3) identifies the types of representative payees that have the highest risk of misuse of benefits, and (4) finds ways to reduce the risk of misuse of benefits and ways to better protect beneficiaries.
GUARDIANSHIP is the 2016 Gold Medal Winner for Current Events II (Social Issues / Public Affairs / Ecological / Humanitarian) Excellence eLit Book Award. It's difficult to believe it happens, but forced guardianship fraud runs unchecked throughout the nation's probate courts. Deemed incapacitated by the courts, elderly citizens are robbed of all decision-making rights and assigned professional guardians whose only interest lies in profiting from their vulnerable charges' estates. Guardianship: How Judges and Lawyers Steal Your Money exposes a web of murderous profiteering, all sanctioned by a corrupt legal system. As guardians take everything they can, judges and attorneys turn a blind eye. Crooked cops harass family members into silence, while the very attorneys you hired won't help for fear of losing their licenses. These are the people who may one day control your loved one's health care, living arrangements, finances, and very life. Ostensibly created to prevent financial abuse by caregivers and family members, professional guardianship instead gave the legal system carte blanche to destroy lives-as author Michael Larsen discovered when family members tried to help a friend suffering under a corrupt guardian, attorney, and commissioner. Here is a guide for families to better understand a corrupt system, delineating what happens when a loved one falls victim to professional guardians, and offering suggestions to minimize your risk of what amounts to legally sanctioned abuse. GUARDIANSHIP includes articles by journalists, attorneys, advocates, and others who have given their permission to be used in this book. Our collective goal is for public awareness of this serious crime. "Outside of execution, guardianship is the most radical remedy we have." - Elias Cohen, Philadelphia Attorney and Gerontologist "Instead of serving to protect the assets of incapacitated persons, the existing guardianship system presents the opportunity for unscrupulous guardians to loot the assets of their wards and enrich themselves with impunity." - New York Grand Jury "You are a target because you have assets. You don't necessarily have to be very old. You can even be quite lucid. That won't stop these predators. When it comes to removing your rights and your money, these folks are experts." - Money Magazine "A simple slip-and-fall can put someone into the guardianship of unknown persons with no knowledge to family and friends until the deed is done. Forced incompetency; get control over everything and the ward (senior) loses all rights." Robert W Melton, Pinellas County Internal Auditor, "Dirty Tricks of Guardianship - The Need for Change," April 2004
This dazzling Christmas poem by Maya Angelou is powerful and inspiring for people of all faiths. In this beautiful, deeply moving poem, Maya Angelou inspires us to embrace the peace and promise of Christmas, so that hope and love can once again light up our holidays and the world. “Angels and Mortals, Believers and Nonbelievers, look heavenward,” she writes, “and speak the word aloud. Peace.” Read by the poet at the lighting of the National Christmas Tree at the White House on December 1, 2005, Maya Angelou’ s celebration of the “Glad Season” is a radiant affirmation of the goodness of life.
Mastering Elder Law explains basic topics of concern in the burgeoning field of elder law. The book examines public benefits available to the elderly, retirement systems, age discrimination in employment, wealth transfers, medical decision making (including the “right to die”), guardianships and conservatorships, durable powers of attorney, long-term care insurance, housing for the elderly, nursing homes, and elder abuse. The book also explores overarching themes of elder law, such as the tension that results when the state is obligated to protect its vulnerable elderly citizens while simultaneously obligated to promote their autonomy to the maximum extent consistent with their abilities. The text is designed to facilitate the novice's understanding of complex topics such as Social Security, Medicare, and Medicaid. It discusses relevant statutes and cases, includes many examples, and provides practical observations about the laws that address the problems of the elderly.