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Guardianship: Legally Imposed Slavery?

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 Laura Francais-Eugene

“If you think a guardianship situation cannot be the equivalent of legally imposed slavery, ask 78-year-old Margaret Carson, an African-American woman residing in Washington, DC. She is lively, alert, in full control of her faculties. Her only vice (in the eyes of the manager of the Ashbury Dwellings senior housing complex where she lives) is that she has too many mementos in her apartment of her five children, all of whom she outlived.”

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As human beings, we live in a world of relationships. There are, of course, hundreds or even thousands of relationships we can name to describe how one person relates to another: parent-child; employer-employee; landlord-tenant.

Relationships take place within the context of a situation – in other words, how one person is situated in regard to another person, as we compare their roles, their rights, their power and obligations – legal, moral and otherwise. For example, the parent-child relationship takes place within the context of the Family or Familial relationship. Bosses and workers relate to each other in the contact of an Employment relationship. Landlords and tenants are acquainted over the matter of property usage. And as mentioned, rights and obligations and powers are assigned to each of the participants by our society’s laws and traditions.

Two other situations in which human beings “relate” to each other – one, thankfully, is largely historic and passé in terms of its place in society. The other is – perhaps unfortunately – very modern and quietly, even at times insidiously prevalent in society.

The first situation is a word we are all familiar with – “slavery”. The relationship is that of master-to-slave. The second situation is something modern mechanisms of law calls “guardianship,” and the relationship there is Guardian-to-Ward, or sometimes Trustee-to-Trustor.

I looked-up both words in Black’s Law Dictionary. That reference book describes “slavery” as a situation – a relationship between human beings – in which one person has absolute power and control over the property, the fortunes, and even the life of another person, at the Master’s discretion, for the Master’s pleasure or benefit, and with all the rights and powers in the hands of the Master to do as he pleases. More

The new cash cows: Elderly with assets

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Marti Oakley (c) Copyright 2012 All Rights Reserved

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Targeting the elderly with assets

If Adult Protective Services was actually focused on protecting vulnerable adults, they have only to look to our streets that are littered with homeless, hungry and many times disoriented adults of all ages who desperately need help and protection. But…. these people have no money, and no estates to loot.  APS steps over these individuals in order to get to those who have assets.

In every state organized crime rings are operating involving the same judges, predatory guardians, attorneys, Adult Protective Services personnel, medical personnel, and participating facilities who will violate the rights of an elderly or disabled victim in exchange for payment or personal profit.

This system of theft will continue until the entire estate has been stolen leaving the victim penniless. At this point, Medicare and Medicaid are used as the cash cow to cover medical expenses and the inflated charges of nursing, the doctors’ visits and vast amounts of medications are charged off to these services costing these services millions each year in padded billing.

If predatory guardians were actually concerned about the health and welfare of their victims, there would be no need to physically kidnap, isolate and forcibly medicate these people and then to proceed on to steal their life’s savings.

Of wills, trusts and other legal instruments More

Silicon Valley tax dollars fund elder abuse

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Linda Kincaid

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Part I –

Public Guardian takes control of Gisela Riordan

San Jose, California resident Gisela Riordan, 84, prays every night for God to take her.  Imprisoned and isolated, she is denied visitors, phone calls, and mail.  Her arms are boney, and her cheeks sunken.  Her features stir memories of Holocaust survivors.  Forbidden companionship of her loved ones, Gisela languishes in despair.

Gisela has not been charged with a crime.  She has not been sentenced to prison.  No judge ordered her isolation.  Gisela lost her freedom with the stroke of a pen, when Judge Thomas Cain approved a conservatorship petition submitted by Santa Clara County Public Guardian Donald Moody.

Moody seized Gisela’s bank accounts in 2010 and sold her home in 2011.  Moody now uses Gisela’s own estate to keep her imprisoned at Villa Fontana, a residential care facility that will violate resident’s rights in exchange for payment.  Taxpayer dollars, authorized by the Santa Clara County Board of Supervisors, fund the Public Guardian’s abusive activities.

Before Conservatorship

Gisela Riordan was an active vibrant woman who lived life to the fullest.  Gisela and her companion of 17 years travelled the world together.   She zipped around town in a convertible, the wind in her hair and the sun on her shoulders.  Like many California transplants, she loved the beach and the waves breaking around her ankles.  Retired comfortably, Gisela and her son Marcus Riordan shared a pleasant townhouse in a desirable area of west San Jose.

March 12, 2010:  Petition for Conservatorship & Court Investigator’s Report

Kaiser Permanente contacted Adult Protective Services when Gisela was subject to physical and financial elder abuse by her bi-polar daughter.  At the time, Gisela had a full estate plan in place. Her son, Marcus Riordan, was designated in her Advance Health Care Directive, and Marcus was successor trustee for Gisela’s living trust.

Kaiser Permanente restricted Gisela from seeing Marcus. The Public Guardian petitioned for temporary and general conservatorship.  Court Investigator Herlinda Acevedo attached a report to the petition stating:

Ms. Riordan has been admitted to Kaiser Hospital 19 times in the last 12 months for depression, anxiety, atrial flutter, COPD, and issues related to complex family dynamics.

Gisela responded in a recorded phone conversation with Marcus.

Where did she get her numbers?  Out of thin air?

Acevedo’s report to the court further stated:

Ms. Riordan would like to return to her home, but has expressed reluctance to do this while her son is residing in the home.

Gisela responded in her phone conversation with Marcus.

She is a liar.  No way would I say that! We have lived together before.  That’s nothing I ever said.  That’s stupid.

It’s just stupid.  That’s false witness.  She could go to jail for that.

I’d like to come home and live with my son.  I want my money released…

I didn’t save that money for the, what are they called?  They took my money away from me.  They have no right.  I worked for that money.

It should be noted that Court Investigator’s reports were signed under penalty of perjury. More

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