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Judge: Guardian must return $3.8 million in Gadsden case

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By William Thornton
An Etowah County woman will end up returning more than $3.85 million to her mother’s estate as the result of a judge’s ruling.
The case, decided last month in Etowah County Circuit Court, dealt with the conservatory and custodial duties of a woman appointed co-conservator of her mother. Circuit Judge George Day Jr., ruled that the woman, who has not been charged with any crime, “breached her fiduciary duty to her mother’s Conservatorship estate, has failed to properly account for her actions and the funds and assets under her control, all of which has caused substantial damage” to the estate.
Additionally, the Court awarded a judgment against the daughter in relation to the custodial accounts for the incapacitated woman’s granddaughter, totaling $393,509.
Chris Hamer and Rebecca Wright of the Hamer Law Group represented the incapacitated woman’s conservator, an attorney who was appointed after the daughter resigned as conservator. The case has also generated a federal court action.
“This case represents the most egregious breach of fiduciary duties we’ve ever seen,” Hamer said in a statement. “Cases involving misappropriation and misuse of assets by family members appointed as fiduciaries are especially distressing for all involved.”
As a result of the decision, all money in the estate has been accounted for, attorneys said. According to court documents, the daughter of the incapacitated woman became conservator of her then-77-year-old mother in 2014. The woman, who died earlier this year, had 12 children.

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Guardianship Abuse: Testimony for the Senate Judiciary Committee

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NOTEAcross the nation is a web of predatory professional guardians who operate under the protection of corrupt probate court judges.  This system of predatory human trafficking involves kidnapping elderly victims who made the mistake of aging with assets.  The attached letter of testimony is to be presented to yet another Senate Committee, this time the Judiciary Committee, in the hopes that someone in D.C. will  move to bring this corruption and court sanctioned abuse to a halt.  Marti Oakley
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From: Linda Kincaid, MPH

20255 Glasgow Drive Saratoga, CA 95070
(408) 998-4642 nanosafety@gmail.com
September 28, 2011
Elizabeth Frosch
Legislative Correspondent
Office of Senator Amy Klobuchar
elizabeth_frosch@klobuchar.senate.gov

For submission to the Senate Judiciary Committee

Subcommittee on Administrative Oversight and the Courts

Hearing: “Protecting Seniors and Persons with Disabilities – An Examination of Court – Appointed Guardians”

Testimony on Elder Abuse of Carol Hahn in San Bernardino County, CA

My mother, Carol Hahn, is a victim of elder abuse. That abuse was initiated by Mindy Martin, who lied to investigating deputies and perjured herself in court documents to become my mother’s temporary conservator. More than a year later, Mindy Martin is still temporary conservator, and the abuse continues. My mother’s court appointed attorney, Mark Flory, has actively facilitated the abuse. Neither individual has been held accountable.

The existing “system” has utterly and completely failed to protect my mother or come to her aid. Rather, law enforcement concealed evidence and threatened family members. Adult Protective Services and the Long-Term Care Ombudsman will not return our phone calls. Programs and agencies are useless when there is no accountability. Laws are useless when they are not enforced. Additional laws and agencies will be equally useless unless a system of accountability is established. More

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