Part I | Part II

Multiple Roles of Authority in Predatory Estate Drafting & Probate Associated Fraud; A Growing Trend in the Exploitation of the Elderly.

Nationwide more people are realizing that there is an organized vulnerable person exploitation system within american “end of life” legal processes.  When intentionally compromised or rigged estate planning and litigation systems become enmeshed with healthcare and social service professions it can contribute to the integral collapse of each profession, medicare/medicaid safeguards and the social fabric of families & entire communities.

Foundational to the problem are fraudulent documents or circumstances that grant predatory individuals government powers. These super powers are too often abused and the elderly are exploited, defrauded, institutionalized or prematurely killed.

Estate planning, fiduciary law, estate documents and probate courts become compromised when they are are used by unscrupulous attorneys as chess pieces and the county court is the chessboard—deceivers moving unduly influenced pawns into captive situations whereby memory challenged seniors are pressured into signing in to tactic document schemes such as; living trusts and powers of attorney that they do not understand the short and long-term ramifications thereof.

Organized Elder Exploitation, Association In Fact Enterprises & Standardized Fraud Upon The Court.

Schemes dictated by associations of those with powers over the vulnerable person can include clandestine wealth extracting plots orchestrated by greedy power of attorneys, fiduciaries, entrenched estate scriveners, primary care physicians, neurocognitive clinicians and for-profit guardians/conservators (G-C) to name just a few. Moreover, nefarious deeds are concealed by fact-omitting court appointed 3rd parties when challenged by interested parties trying to protect the isolated senior whom is often kept unaware of decisions made on their behalf that jeopardize their property and own well being.

When estate planning becomes a game of fraud, players are focused on tactically separating the elder from their assets, their human rights and smoke-screening or projecting their accountability for fraud onto others. In some cases the court itself can become a vehicle for fraud defined by fraud upon the court. When compounding affinity crimes and associations-in-fact enterprises are involved the circumstances get much worse because multiple victims are involved and serial fraud on the courts can occur over a long period of time—for as long as the County probate judges allows perpetrators to use the exploited seniors funds and court mechanisms to ply their illicit trade.

Contrary to to state & federal office’s basic obligations of public services and related public trust ordinances stemming from the Code of Federal Regulations and U.S. Code Attorney General offices and county prosecutors won’t sanction other attorneys or investigate elder exploitation and intentional negligence/malpractice by lawyers because law agencies incorrectly categorized illegal conduct as “civil matters”. In the judiciary branch, State Bars also protect their own rendering Bar complaints useless. When associations in fact enterprises form in inept counties and fraud upon the court becomes standardized, entire counties pay the cost, not just the vulnerable person community.

• 1) Fraud Upon The Court or fraud on the court occurs when the judicial machinery itself has been tainted, such as when an attorney, who is an officer of the court, is involved in the perpetration of a fraud or makes material misrepresentations to the court. Fraud upon the court makes void the orders and judgments of that court. – Fraud.net

• 2) Fraud on the court, or fraud upon the court, refers to a situation in which a material misrepresentation has been made to the court. Alternatively, the term could be used to refer to a situation in which a material misrepresentation has been made by the court itself. The overall defining requirement is that the impartiality of the court has been disrupted so significantly that it cannot perform its tasks without bias or prejudice.   LegalMatch

Reformers are trying experimental new methodologies from increased monitoring and supported decision making, however when professionals are driven by conflict, greed and perpetrators view the elderly or disabled lives as cash machines, beneath human dignity,  agent protectors become predators and riches are acquired through exploiting fiduciary powers, fraudulent document signings and dubious wealth transfers. In the senior years or the age of danger, an elderly person whom is dependent on food, water and medical necessities to stay alive they are in no position to argue with an exploitative primary care-provider; couple that with increasing professional corruption and no one is safe from endemic fraud & corruption. Dependency creates an environment ripe for undue influence and perpetrators know all the tactics to steal entire estates while the senior is still alive, as a result elder exploitation crimes are premeditated, organized and accomplished by teams in various roles of authority over the vulnerable person.

The crises in the judiciary branch has likely never been this severe. The American justice system once the envy of the world characterized by unmatched integrity has decayed to a narco state level where far too many U.S.  judges pander to the  stock market lords of Wall Street and inflating their own investment portfolios. A Sept., 29, 2021,  Wall Street Journal investigation helps illuminate this crises: 131 Federal Judges Broke the Law by Hearing Cases Where They Had a Financial Interest

More than 130 federal judges have violated U.S. law and judicial ethics by overseeing court cases involving companies in which they or their family owned stock. The judges failed to recuse themselves from 685 lawsuits from 2010 to 2018 involving firms in which they or their family held shares, a Wall Street Journal investigation found.

A June 2020 Reuters investigation confirms WSJ’s judicial corruption and immunity patterns: Thousands of U.S. judges who broke laws or oaths remained on the bench

In the past dozen years, state and local judges have repeatedly escaped public accountability for misdeeds that have victimized thousands. Nine of 10 kept their jobs, a Reuters investigation found.

Reuters investigates further illuminated how widespread the judiciary crises is concerning judicial immunity, breach of office and breach of public trust in their Exposes: The Teflon Robe

Premeditated Elder Exploitation, Affinity Crimes & Association-in-fact Enterprises.

Affinity crimes or affinity frauds are committed by persons or groups the senior knows. Affinity crimes involve schemes that are typically considered serious white-collar crimes, and a conviction or involvement in an affinity scheme can subject a perpetrator to a serious criminal sentence. They can also have a very negative impact on a professionals career or an entire professions reputation.

In some circumstances association-in-fact enterprises could involve a series of affinity crimes perpetrated by two or more people on one or  multiple victims over a period of time. Organized elder exploitation can involve just on person the senior knows or a group of family/professional working in-concert. RICO laws expand this definition to include interstate and cross international border illicit activities that can also include money laundering. 

The New York Times cautiously references RICO lawsuits as a means to tackle association-in-fact enterprises and the United States Supreme Court’s structural features required to define such associations:

• United States, the Supreme Court held that there must be three structural features to establish this type of enterprise: “a purpose, relationships among those associated with the enterprise and longevity sufficient to permit these associates to pursue the enterprise’s purpose.”

US Legal defines these types of activities as racketeering.

A RICO claim requires proof of four elements:

1)     The existence of an enterprise affecting interstate commerce;

2)     That Defendants were employed by or associated with the enterprise;

3)     That the Defendants participated, directly or indirectly, in the conduct or affairs of the enterprise; and

4)     That the Defendants participated through a pattern of racketeering activity that must include the allegation of at least two racketeering acts.

How could such nefarious activities involve estate planning and fiduciaries? Any time their is a lot of money to be made their is a substantial increase for fraud occurring, particularity when there is dependent seniors with fading memory and deteriorating health involved their is fertile environment for affinity crime and association-in-fact enterprise to unjustly enrich the perpetrators.

Articles by Northwest Journal News and Investment News describes motives why estate planners & wealth managers enter their professions and the amount of generational wealth forecasted for transfer in the next 25 years: Undue Influence Indica By Professionals & Fiduciaries In Exploitative Estate Planning. The professionals do not  want any whistle-blowers or mandatory reporters to stop their finely-tuned gravy train.  

Estate planners and for-profit conservators go into the field because that’s where the money is; an $84 Trillion-dollar wealth transfer goldmine, all for the taking with a simple stroke of an intentionally misinformed or unduly influenced signatory paying the price—sometimes losing their rights to the State or their lives through hastened demise. If Willie “why do you rob banks” Sutton was alive today, he would be an estate planner for the elderly or a Conservator.  Elder estate planning and Conservatorship is like being a bank robber without any of the risk or consequence if an estate practitioner’s firm is internally and externally rigged with like-minded professionals working in collusion. Memory compromised victims make poor witnesses and dead clients tell no tales or press charges. The perfect crime.

Investment News: With $84 trillion wealth transfer coming, advisers should be licking their chops

According to the latest analysis from Cerulli Associates, a whopping $84.4 trillion worth of assets will be transferred through estates over the next two dozen years. About $12 trillion of that will be donated to charity, but more than $53 trillion will be transferred from households in the Baby Boomer generation, representing 63% of all transfers.

The Advocates Publishing Network features investigative and data journalism news group Northwest Journal News (NJN) who’s mission is to publish newsworthy public safety information.  NJN highlights affinity crimes and association-in-fact enterprises that effects seniors in their Probate Papers series. One exposés cumulatively aggregates victim accounts and news article data concerning the nexus between estate planning attorneys, for profit guardians-conservatorships, primary caregivers and healthcare providers in the northwest USA states in the series: Ageism, Sexism & Disablism Document Schemes Run Rampant In Probate Courts; Disabled Elderly Women Most at Risk.

Affinity Crimes & Association-In-Fact Enterprises have Targeted Many Vulnerable Persons in Several Inland Northwest Counties

Repeating Inland Northwest exploitation circumstances were the initial catalyst for the development of an online nationwide elder abuse & exploitation research repository. Several vulnerable person advocates from the Idaho, Washington, Oregon and North California had been working with private investigators, elder justice organizations and other journalists as far back as 2000 compiling evidence on what was occurring to vulnerable elderly and disabled women in the area..  Several elderly women and younger disabled women had been repeatedly exploited by family and professionals that had them sign documents to look out for their affairs. Several regional newspapers, independent journalists and private investigators are privy to the following facts that are addressed in several Inland Northwest Exposés. Listed below is a tiny sampling on probate related matters and opportunist professionals who knowingly exploited and abused the elderly and disabled women in the Inland Northwest.

1. An Inland Northwest attorney agrees to an 18-month suspension for misconduct that included setting himself up to receive an elderly client’s $170,000 life-savings if the client died.
2. A Coeur d’alene Mayor is sued because a 73-year-old old woman freezes to death in a property he owned with outdated, faulty heating system. Case is settled before trail for a small financial penalty.
3. Justice In Ageing advocacy organization sues Idaho over senior discrimination health care rationing policies.  “Older adults are facing serious risk of discrimination, resulting in death,” because of Idaho’s crisis standards”, Justice for Aging attorneys wrote in their complaint letter.
4. An elderly woman is purportedly pressured  to change her will just 2 days before passing to disinherit family and name an endowment charity as beneficiary.
5. 86-year-old St. Maries. Idaho man abused and medicated to death at a North Idaho nursing home. Ward was chemically restrained and overdosed with Haldol. Eymann, a lawyer for the son said: “Nursing home abuse, including the use of sedating or mind-altering drugs to profit off senior citizens, will not be tolerated. It is our hope that the verdict will help change the culture in nursing home care.”
6. Disabled daughter is removed from the family trust against her mother’s long-established wishes. Kootenia County Probate Court dismisses nation’s leading expert in undue influence testimony. 
7. Public official whom sat on board of large family Trust successfully schemes with a family PoA/trustee and another lawyer to have memory-compromised elderly woman disinherit her other children.
8. Disabled woman was exploited, extorted and  threatened for years by her guardian-attorney and the guardian’s estate services partner; a convicted murderer whom the guardian met at a state prison.
9. Guardian and estate planner team pose as students when attending court hearing on disabled person to learn facts so they can place themselves as guardian over the disabled persons and their estate.
10. “Get a lawyer and prove it,” was the challenge an 86-year-old Coeur d’Alene woman faced from corporate heads when her family became alarmed that she may have been robbed and over medicated at a Coeur d’Alene retirement home. Coeur d’alene Jury says woman did prove mistreatment, spurs elder abuse bills.
11. Guardian steals identity of disabled person to collect their social security benefits, an Idaho senator’s office has to intervene to stop the federal identity theft crimes.
12. Guardianship services company owners whom also work at large hospital coordinate to restricted access of family of elderly woman while accepting court visitor appointment with probate attorneys within their referral network.
13. Tax strategist attorneys partner with estate planning attorney to devise schemes to transfer assets from, memory impaired elderly woman with out her knowledge.
14. Dubious professionals work in-concert to concoct an illegitimately drafted living trust designed to take away an elder woman’s assets.
15. Greedy family Power of Attorney’s (Attorney in fact) and professional limited financial power if attorneys/estate planners devise schemes to transfer asset from seniors through changes beneficiaries, altered trust documents, covert joint bank withdrawals, theft of natural resources and several other illicit activities
16. Greedy family forces elderly physically and memory impaired female to pay them home-care provider fees twice the standard rate and 100’s of thousands in annual gifting even against court ordered agreements.
17. Intentional breached court-mediated agreements used as a means to get crony-aligned conservators to take over seniors financial matters and retain services of predatory persons as the conservators legal and home-care service providers.
18. A younger woman visits an attorney to seek a divorce from her psychically violent husband and walks out under state guardianship and her estate is thereafter plundered by a pack of professionals she is paying to look out for her best interests. 
19. Eldercare assisted Living center grossly taking Advantage of severely vulnerable adults,  forging  signature’s multiple times and chemical restraints being given to a female resident in order to get her to take the COVID vaccine.
20. Use of estate planning attorneys preferred psychiatric professionals whom perform vulnerable person diagnosis with out medical records of recent heart/kidney failure triggering hypoxia a condition present in related acquired brain damage, use of psychiatrists to manipulate or sway bias in  questionable, short,  easy to administer MMSE neurocognitive questionnaires that fail to detect mild to progressing cognitive impairment, deficiencies in executive function, early stage dementia/Alzheimer’s, spectrum or acquired brain injuries and related undue influence related variables (currently, there is no clinically accepted means to measure undue influence) .  Psychiatric professionals are mandatory reporters. Many do not report suspicions circumstances when they are retained to preform cognitive, evaluations just prior to estate documents signings.
21. Predatory home-care providers working in-concert with attorneys to change elderly women Primary Care Physician (PCP) during estate planning. Long established Primary Care Physicians are at the front line to determine elder abuse and undue influence matters so the changing of a PCP is a serious red flag.  
22. New Primary Care Physician or their physician’s assistants intentionally concealing substance dependency and c matters , acquired brain injuries (ABI) or Alzheimer related matters in court required physician declarations and potentially from other specialist physicians.  
23. Not so timely Idaho Facility Standards complaint response: “Idaho Facility Standards, FS, finally made an appearance at the facility 14 months after my initial complaint.  This assisted living facility was found guilty of abuse by Small Claims court deeming it necessary for me to remove my Mom.”
24. Compounding conflicts of interest through cross-referring professional networks in the inland northwest that consist of Conservators, Guardians, Guardian Ad Litems and Elder law attorneys whom have satellite businesses in fiduciary or financial/estate services management and repeating referral arrangements with court visitor companies whose owners also work as licensed social worker patient advocates and/or case mangers at elder care facilities or hospitals. 
25. Guardians, conservators  and lawyers who improperly use guardianship as criminal enterprises to defraud the elderly and incompetent, which is a violation of the RICO statute.
26. Grieving widow is subjected to repeating defamation, undue influence and duress as means to remove her from a Trust.
27. Vulnerable women’s assets are intentionally concealed from the court in various investment or holding vehicles such as hidden Trusts and Omnibus accounts.
28. Conservators dismiss State Statutes and court agreements enacted to protect the best interests of the elderly and disabled women’s health and estate so the Conservators and its estate paid vendors can pursue their own financial interests at the expense of the female Ward’s estate. 
29. Multiple probate ligation circumstances involving attorneys committing undue influence related violations on their own mothers.  some also occurred while same lawyers orchestrating similar circumstances in their other probate cases and with other elder law attorneys working in-concert.
30. A disciplinary action was filed against attorney involved in over 70 Living Trust Services schemes which the Court characterized as “a living trust scam targeted at seniors.”
31. Attorney drafted a Will for a patient suffering from dementia which left all of the estate to the caregiver. He also caused the caregiver’s 19-year-old son to be named as the attorney-in-fact for the patient/client. Attorney had no prior relationship with the testatrix, and only met her at the time of execution of the documents. He did little or nothing to determine the testatrix’s competency.
32. A family law attorney was admonished for having had direct contact with a personal representative, when he knew the personal representative to be represented by a lawyer, in violation of RPC 4.2.
33. Without any investigation into his client’s continuing competency, an estate planning attorney for an elderly client wit dementia  assisted a to obtain the client’s power of attorney, which the child then used to steal funds from the estate planning attorney’s client. The attorney was was reprimanded, having been found to have violated his duty to his client.
34. An attorney affiliated herself with non-lawyers who marketed living trust packages. She delegated legal work to non-lawyers and assisted non-lawyers in the unauthorized practice of law, which were violations of RPC 5.4 (sharing fees with non-lawyers). The attorney was suspended for 2 years. Though a violation of the Rules of Professional Conduct and the law are different charges, query whether the attorney’s conduct would have been found to be a violation of the Rules of Professional Conduct had §§48.24.280 and 48.23.525 then been in effect, each of which permits life insurance companies to offer “non-insurance benefits” as policy benefits, including “will preparation services, estate planning services, and probate and estate settlement services.”
35. A Washington Attorney resigned in lieu of disbarment for having participated in an arrangement by which, for $75 per case, the attorney reviewed living trust “applications” prepared by insurance agents selling living trust packages on behalf of an Estate Planning and Insurance Services enterprise. At the time of his resignation, the attorney was facing disciplinary charges of incompetence (RPC 1.1), participating in the unauthorized practice of law (RPC 5.5), sharing fees with non-lawyers (RPC 5.4), and conflict of interest (RPC 1.7). See section 2.2.7.
36. The Supreme Court suspended an attorney for 18 months for having drafted a Will for the domestic partner of the attorney’s mother which left the attorney’s mother $10,000, which, at the time, was a violation of RPC 1.8(c). RPC 1.8(c) as adopted by both Washington and Idaho has broadened the definition of “related persons,” which probably would have immunized this bequest. The same attorney was also found to have mischaracterized as estate assets funds in a joint account that, but for such mischaracterization, would have passed to one of the domestic partner’s children outside of probate, in order to fund the bequest to her Mother.
37. An estate planning attorney was disbarred for having written a Will (his defense was that his legal assistant had drafted the Will) naming himself as sole beneficiary of an aged client’s estate. In addition, the attorney borrowed substantial sums from the client, and, when challenged, urged that in doing so, he had complied with RPC 1.8. The Court held that the attorney could prevail on his RPC 1.8 argument only if he could prove: “(a) there was no undue influence; (b) he gave the client exactly the same information or advice as would have been given by a disinterested attorney; and (c) the client would have received no greater benefit had she dealt with a stranger.”
38. An attorney was disbarred by the Washington Supreme Court related to four counts of misconduct arising out of litigation involving his mother’s estate. The attorney, was named as the Personal Representative of his mother’s estate and and his siblings were the only beneficiaries of the Estate. As a result of his actions during the administration of his mother’s Estate, the hearing officer determined that the lawyer knowingly made false responses to discovery requests and withheld documents to conceal his dishonest responses (RPC 3.4), and filed motions for relief, vacation or judgment, disqualification, and/or neutral judge that were frivolous (RPC 3.1 and/or RPC 8.4). The hearing officer found that the attorney violated seven factors which aggravated the causes of action (1) dishonest or selfish motive, (2) a pattern of misconduct, (3) multiple offenses, (4) bad faith obstruction of the disciplinary proceedings by intentionally failing to comply with the rules or orders of the disciplinary agency, (5) refusal to acknowledge the wrongful nature of conduct, (5) refusal to acknowledge the wrongful nature of conduct, (6) substantial experience in the practice of law, and (4) indifference to making restitution.
39. 39. An attorney resigned from the Washington State Bar in lieu of disbarment as a result of her conduct involving an elderly client. The lawyer represented an elderly client and communicated with the client and the client’s daughter.  The attorney obtained an extra credit card that belonged to the client and used the card to make unauthorized personal purchases. On at least one occasion, the attorney forged the client’s daughter signature on the card to make personal expenditures for herself.
40. An attorney resigned from the Washington State Bar in lieu of disbarment as a result of her conduct involving an elderly client. The lawyer represented an elderly client and communicated with the client and the client’s daughter.  The attorney obtained an extra credit card that belonged to the client and used the card to make unauthorized personal purchases. On at least one occasion, the attorney forged the client’s daughter’s signature on the card to make personal expenditures for herself.
41. Idaho Supreme Court suspends, an established  35 year Coeur d’Alene lawyer. The attorney who failed to provide any information to the beneficiaries and (b) paid himself approximately $104,000 in fees on a $500,000 estate. Court ordered an accounting, in which he fabricated his time and rate to justify the fees. In addition, he lost, or at least failed to safekeep, the decedent’s allegedly valuable jewelry.
42. For profit Guardian company has a lawsuit filed against them for breach of fiduciary duty, civil conspiracy, and violations of the Washington Consumer Protection Act. Owner had filed has filed bankruptcy and should never had been certified as a guardian. Certified Professional Guardianship Board for violations include multiple breaching of Standards of Practice. Guardian purportedly bounced checks, let their victims go to collections for non-payment, and let their liability insurance lapse twice in one case.
43. Memory impaired senior woman raped by staff at Everett elder care facility that promoted safety and security for its residents. This follows alarming national trend of female resident being raped at large for-profit elder care facilities nationwide.

The list could fill many pages and that is just in the Inland Northwest. All statements are verifiable through victim testimony or litigation records, public State Bar records, corporate news articles, third-party testimony, financial and Discovery paper trails including accounts witnessed by various state and federal agencies including grant funded programs that fall under various Code of Federal Regulation (CFR) protocols.  Unfortunately, exploitative probate matters are often sealed from the public as this 2010 Seattle Times, King County article confirms: seattletimes.com/…/secrecy-hides-cozy-ties-in-guardianship-cases; Secrecy hides cozy ties in guardianship cases.

Judges and court commissioners across the state have sealed the entire file in at least 398 guardianship cases since 1990, The Times found during its ongoing series investigating concealed court records. Most of the cases were sealed in King County.

Compromised Counties & Public Corruption Characterized by Conflicts of Interest and Systemic Elder Exploitation

If a Counties; court, health district, law enforcement agency, prosecutors, district attorneys, health agencies, publicly elected commissioners and legislatures repeatedly fail to protect the vulnerable or elderly communities in its jurisdiction and take additional measures to conceal repeating fraud or negligence it may be possible for a person or group to sue that county. As a real world example the following conflicts-of-interest and coordinated fraud that caused substantial damages to multiple seniors and their estates occurred in a two neighboring counties involving some of the same professionally state licensed perpetrators, their state licensed businesses or offices of public trust.

1. Court appointed Guardian-conservatorship (G-C) court visitor services company owned & operated by State licensed social workers whom are also employed as patient advocates at county health district Medicare funded hospital while referring patients to specific elder law attorneys and G-C firms while concealing information (Fraud by omission) on elder exploitation, abuse and negligence in court reports.
2. County districts Medicare funded hospital affiliated state licensed geriatric services doctor, physicals assistant and neurocognitive evaluating psychologist conceal evidence of primary care givers abuse, negligence and exploitation through influence of seniors and primary care givers attorney in court reports and testamentary coached psyche evaluations that occurred without medical records. An hour later the Exploited senior later signs Will s transferring substantial assets to primary caregiver and disinherits other family members transferring the physically and memory comprised seniors assets to favor elder’s estate planner attorney’s client’s primary caregiver.
3. County Medicare funded hospital affiliated neurocognitive evaluating psychologist allowing exploitative family member’s attorney to sit in and thereby influence the senior woman’s neurocognitive evaluation that occurred without medical records. Exploited senior later signs Trust documents transfers multiple millions in assets to the attorney’s client. Medical records were also concealed by the concerned family members attorneys because as was found out later the elderly woman had Alzheimers. 
4. Public District Attorney also sits on board of family trust and works with eldest child, courts and other public land development board officials to disinterest other family trustees to facilitate multi-million dollar land development on properties the memory impaired senior wanted to go into an environmental protection trust.
5. Family care-providers and fiduciaries intentionally defying court mediation and TEDRA agreements which the court did not sanction, thereby allowing substantial elder exploitation to continue. 
6. By breaching mediated agreements protective clauses in court required family agreements are superseded this cased legitimate third parties geriatric care managers and Conservators to quit. This also allowed offending parties to position their choice of exploitative for profit conservator company  to take over financial management of seniors estate and retain exploitative primary care-provider  and estate planning attorney to continue fraudulent transfers established by prior Living Trust (already void due to repeating IRS circular 230, Uniform Trust Code and Uniform Power of Attorney Act breaches). 

Elder exploitation is a system wide problem that impacts entire counties and elders within those communities. In many counties and cases the elderly, typically disabled women are isolated from family and friends that want to help them.  When these people try try to help they are repeatedly threatened by family members who gained government power through document signings in compromised circumstances (fraud), new or unknown family estate planning attorneys, strangers, felons, professionals and even law enforcement/state agencies are manipulated to achieve the aligned predator/association in fact enterprises objectives.  Association in fact enterprise laws could apply because all exploitative parties are aligned with a common goal executed over a period of time, involved in multiple fraudulent schemes to unjustly enrichment themselves at the disabled seniors expense and all are being paid from that same seniors estate. Cases involve multiple court appointed 3rd parties committing materiel facts in cases, concealed financial Discovery. In these and other similar cases attorneys who also tried to assist  protect the senior they were disqualified from representation as Guardian ad Litem, admonished by State Bar, suspended or disbarred.

Since the “Silent Epidemic”  is a nationwide corruption plague, the private-sector GIS repository will continue to add useful tech features to cross-references events by adding additional criteria and regional investigations. Worth noting is that the organizations behind this endeavor are also examining several legal reform initiatives such as supportive decision making as well as leading psychiatric professionals and criminologists with knowledge of various legal matters including assessing the conditions that make cult victims susceptible to undue influence; a primary cause of elder psychological abuse and exploitation. These professional have contributed vital research in the field of Elder abuse and exploitation and the insidious mindset of the perpetrators who premeditated elder exploitation schemes. The following fact based books illuminates similar circumstances.

Jackels Lurk In Our Probate Courts.

Guardianship: Fraud by M Larsen (Author)

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.

Opportunist or Exploitative Professional Referral Networks in Legal and Healthcare Services Concerning Elderly & Vulnerable Person Care.

“Maybe I just have to thank America’s broken legal system for making it possible to make stories like this.” – Rosamund Pike’s Golden Globe Acceptance Speech.

Over the past several years Guardianship and Conservatorship abuse awareness has gone mainstream. This should be a wake up call to Elder Law Attorneys, Estate Planners, State Bars, Probate Courts and those in the geriatric service professions whom may wittingly or unwittingly assist in the elder exploitation process; the end of life pipeline. With this public awakening many of the tricks of the trade concerning organized elder exploitation are being illuminated. The Government Office of Accountability (GOA), Administration for Community Living; National Center on Law & Elder Rights(NCLER), Department of Justice; Elder Justice Initiative, ABA’s Commission on Law and Ageing are beginning to acknowledge the licensed professions and organizations behind this insidious scourge and therefor pressured to slowly reveal what victims have experienced for decades.

Exploitation often occurs when the senior or vulnerable person is physically compromised, cognitively disadvantaged due to memory impairments and dependent on unscrupulous care providers for food, shelter, timely medical treatment and other life necessities. This often includes the exploitative primary caregiver working in coordination with other professional predators, a variety of tactically deployed estate document schemes in unison with undue influence strategies. Financial exploitation tactics can range from devious asset shifting provisions in Living Trusts, Power of Attorney documents and Advanced Directives with extra Guardianship and Conservatorship clauses favoring power abusing primary care providers who disregard fiduciary law, state statutes and court mediation.

These estate documents provide the agent or fiduciary extensive legal authority which is often abused and the agent steals the elder’s estate even while the senior is still alive. These crimes happen daily across the nation. In some cases these circumstances can amount to criminal enterprises or association in fact enterprises that are surprisingly ran with clearance through probate courts with the approval of pubic magistrate officials. Officials not only fail to protect the vulnerable but at times aid and abet the perpetrators and possibly themselves when they knowingly or unknowingly sign off on approval of unjust enrichment schemes.

Retirement communities such as Florida, Arizona, New Mexico, California and Nevada have been a harbinger for other States including those in the Northwest USA. Whisper referral networks have been active in the Inland Northwest for at least 15 years according to several private investigators, investigative journalists and poly-victimized families subjected to multiyear elder exploitation litigation. 

Predatory Guardians/Conservator’s & Elder Law/Estate Planning Attorney “Whisper” Networks “Trolling” Hospitals, Elder Care Facilities & Court Hearings for Vulnerable Clients.

Orlando Sentinel: Florida guardianship laws weakened by elder law attorneys’ lobbying. For some courts, exceptions have become the rule | Special report

It’s known as “trolling.”

That’s the practice in which a professional guardian identifies a vulnerable elderly person by visiting a nursing home, sponsoring an “informational” breakfast or getting a call from a hospital. Then the guardian, or their attorney, gets a court to appoint them that person’s guardian, by talking the elderly person into asking for it themselves or persuading a judge to intervene.

Den of Geek: I Care a Lot: Can Professional Guardians and Conservatorships Really Get THAT Bad?

“Parks had wards in nursing homes throughout the county, including 10 in the one that the Norths were relocated to. Many of these seniors were declared in need of legal guardianship in hearings that lasted less than two minutes. Prosecutor Jaclyn O’Malley would later piece together for a grand jury that Parks allegedly built a network of “hospital social workers and medical staff” who helped generate client leads for Parks’ company. In one instance in 2010, the state’s attorney said Parks was “cold-calling” rehabilitation centers in search of a 79-year-old woman who had nearly $700,000 in the bank and no children.”

New Yorker: How the Elderly Lose Their Rights Guardians can sell the assets and control the lives of senior citizens without their consent—and reap a profit from it.

“Jaclyn O’Malley, who led the probe for the Nevada Attorney General’s Office, made passing references to the “collusion of hospital social workers and medical staff” who profited from their connection to Parks. At Parks’s grand-jury trial, her assistant testified that she and Parks went to hospitals and attorneys’ offices for the purpose of “building relationships to generate more client leads.” Parks secured a contract with six medical facilities whose staff agreed to refer patients to her—an arrangement that benefited the facilities, since Parks controlled the decisions of a large pool of their potential consumers. Parks often gave doctors blank certificates and told them exactly what to write in order for their patients to become her wards.”

ESQUIRE: I Care A Lot Shows a Very Real Legal System Ripe For Exploitation

“Prosecutor Jaclyn O’Malley argued that Parks, much like Marla, built a whisper network of hospital social workers and medical staff members who generated leads for Parks to prey on. Though Parks was jailed, the damage was done, with many of her victims committed to nursing home facilities, medicated to the point of incoherence, and locked in the guardianship system for life.”

Table & Diagram: Poly-victimization, Fiduciary or Government Paid Positions of Authority and Conflicts of Interest in Clandestine Predatory Geriatric Service Networks.

(all following matters can be testable via prima faci facts & verifiable evidence)

Poly-victimization of Elderly: Conflict-of-Interest Status Que Conceals Abuse, Negligence, and Exploitation by Professionals Acting in Collusion.

Elder Exploitation. Care & Service Providers in Multiple Roles of Authority & Collusion Teams Diagram (click the zoom feature/scroll over image to read box descriptions, hold mouse or finger to scroll diagram and click crossed arrow to view full size PDF or direct download PDF Diagram here).

Review of Diagram: Information on Predatory Estate Planning & Probate Professional Networks.

Unjustly Profiting from Organized Elder Abuse and Affinity Crimes: Conflict-of-Interests are a Standardized Status Que that Defines Abuse, Negligence, Exploitation and Financial Concealment/fraud by omission by Professional Teams Acting in Collusion.

1. Estate Planning & Power of Attorney (PoA)        

When a person becomes suddenly ill or suffers memory lose over time, they become dependent & vulnerable. This is the danger age, when predators sense opportunities and strike by superseding established springing PoAs with Durable PoAs, Living Trusts, retaining new estate planning lawyers, primary care physicians & neurocognitive psychiatrists. In a short time, an elder’s will/Will become an others. Fraud, organized exploitation & stealing assets from the disabled is illegal. If these actions victimize multiple persons and are accomplished with others operating in collusion it may be a criminal enterprise.

2. Estate Planning Attorneys & PoA’s/Homecare provider’s Legal Counsel      

Vulnerable person with diminished capacity assumes their attorney will act ethically to create an estate plan, that attorney also drafts a PoA or fiduciary role for the elder’s primary care-giver, may even draft a limited financial PoA for themselves. PoA(s)/fiduciaries coordinating with home care providers & attorney. The isolated dependent elderly person dares not tell APS or question the arrangement. They are unduly influenced and their estate is stolen.

3. Estate Planning Attorneys & PoAs Accomplices Group Pressure    

Coercive situations can consist of mental and physical condition of environments influence such as group pressure, general social influence techniques, tactics of thought reform, and responses and behavior found in other high-control, intense influence situations ranging from the Stockholm syndrome to abused women and the other methods of corrupt caretakers. – Margaret Thaler Singer, Ph.D; research in Undue Influence and Written Documents: Psychological Aspects

4. Estate Planning Attorneys & Primary Care Physicians   If an estate planning attorney’s new or existing elderly client becomes ill, memory impaired, at greater risk for inappropriate influence and dependent on a home-care provider/Fiduciary who changes the seniors long-established primary care physician this is a substantial red flag.  Often the seniors best first line defense against abuse, negligence and undue influence is the seniors primary doctor.  Some professionals in geriatric services have their preferred cross-referring doctors and elder law services providers. If a PCP conceals material facts in Physician reports to the court this is against Medical Board and civil procedures.

5. Estate Planning Attorneys & Neuro-cognitive Psychologists     

When senior has memory impairments, is subjected to isolation & undue influenced by a PoA/home care provider or other abusers an estate planning attorney will likely arrange a psychological test just before signing a new will. This protects the illicit Will from attacks in Probate. A psychological examiner is typically known to the estate or elder law attorney whom arranges appointments with a specific outcome in-mind, although it is a conflict sometimes the estate planner will remain present in the interview and/or coordinate procedures so the psych evaluator purposely doesn’t have access to medical records or information that would alert psychologist to brain damage or undue influence.

6. Estate Planning Attorneys & Court Visitor  

Typically licensed social workers (LSW) are Court Visitor’s operating on behalf of the court’s civil procedures. Court visit with and interview an alleged incapacitated person (AIP) after a G-C petition is filed, either by family, an interested party or a State agency. In some cases, court visitors may be contracted by a Court Visitor/LSW specialist business. If the LSW is visibly biased in their court reports by concealing relevant material facts to conceal abuse, exploitation or negligence then this is likely a violation of Civil Procedure. This is a problem in regions with limited Court Visitors or areas with aligned probate professional networks.

7. Estate Planning Attorneys & Guardian Ad Litems                  

Some Estate Planners use cross-referring Guardian Ad Litem professionals in their G-C probate cases. These professionals are typically elder law attorneys or licensed social workers. If the GALs are instructed by the AIPs attorney and/or respondents parties attorney to favor the seniors abusive or exploitative home-care provider, then the GAL will conceal relevant facts in their reports to the court and blame the conflicts on the litigating a parties despite facts illuminating that the AIP is at risk physically and/or financially. Court will lily default judgment to professional Guardian or conservator.

8. Estate Planning Attorneys & Conservator/Guardian            

Established estate attorneys prefer to work with the family PoA as default conservator or their choice of for-profit conservator as because it provides them a safeguard to conceal fiduciary breeches, illicit estate transfers/theft and remain on as a regularly paid professional. Because of the immense power State Statues and probate courts grants to the Conservator, they have the power to execute illicit estate plans and gifts away the senior’s estate while the elder is still alive. Some Conservators even keep the unethical estate planner and abusive home-care provider on the Wards payroll.

9. Estate Planning Attorneys, State Bars & Elected DAs                                       

There has been instances of professional networks were for-profit conservator companies have also chaired State Bar Probate Councils. Other examples include District Prosecutors sitting as Trustees on Estates where elder seniors have been exploited. District Attorneys/DAs and Police don’t investigate or prosecute elder exploitation crimes when probate attorneys are involved. They call these matters Civil. The predators know they are untouchable., beyond and above the reach of law enforcement.

10. Estate Planning Attorneys & Elected Probate Judges                                                                                               

In majority of counties probate Judges are elected in some cases the largest detonators to their campaigns are lawyers. Probate courts is the venue for regular hearings by the same estate planning attorneys & courts default or attorney directed/biased (Concealed materiel facts) third-party evaluations. All being paid from the exploited seniors estate.

Review Additional Elder Abuse and Estate Exploitation Diagrams Here

RECOMMENDED RESOURCES

The Wolf at the Door: Undue Influence and Elder Financial Abuse by Micheal Hackard, Esq

In THE WOLF AT THE DOOR, veteran California attorney and elder financial abuse writer Michael Hackard draws from forty years of legal experience to advise families, caregivers, and professionals who work with seniors what elder financial abuse is, how to identify it, and—most importantly—what to do if abuse is suspected. As the baby boomer generation rapidly ages into retirement, elder financial abuse threatens to become a national epidemic. If not addressed early and aggressively, this unique form of exploitation can tear families apart, leaving shattered relationships and depleted bank accounts in its wake. You may not be able to prevent elder financial abuse from happening, but THE WOLF AT THE DOOR will empower you to fight back before it’s too late.Concise and chock-full of practical information, THE WOLF AT THE DOOR is a must-have reference for anyone interested in learning about elder financial abuse and what can be done to combat it. The book is written for a general audience, and it offers case studies, research, and hard-won observations gleaned from a long career representing abuse victims and their loved ones. An index and compact sections make navigation easy, and dozens of endnotes direct readers to additional information about elder abuse, undue influence, estate planning and trusts, and more.

Recommended: Hackard Law Elder Abuse, Trust, Probate & Estate Litigation Videos.

Guardianships and the Elderly: The Perfect Crime by Dr Sam Sugar

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.

Protection and Mitigation Through Collective Advocacy 

In ongoing efforts to alert and inform the public, current and forthcoming online reports will include: expert and elder exploitation consultant diagrams, the Geographical Information System (GIS) based GEAR article repository, additional articles by corporate news outlets; their regional affiliate reporter investigations, independent journalists, grassroots elder rights advocacy organizations analyses and progress reports on legislative front, Dept of Justice public releases on perpetrator arrests and the DoJ’s Elder Justice Initiative programs, as well as individual elder rights advocate reports from the battlefront.

Warn Others of Predatory Guardians, Conservators, Elder Estate Planning Professionals, Geriatric Care Physicians or other Professional Abusers at NASGA’s Most Wanted

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