Estate Planning Catalyst for Elder Abuse: Affinity Crime & Association in Fact Enterprises
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
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.
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.
- 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.
- 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.
- 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.
- 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.
- 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.”
- 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.
- 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.
- 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.
- 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.
- “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.
- 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.
- 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.
- Tax strategist attorneys partner with estate planning attorney to devise schemes to transfer assets from, memory impaired elderly woman with out her knowledge.
- Dubious professionals work in-concert to concoct an illegitimately drafted living trust designed to take away an elder woman’s assets.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.”
- 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.
- 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.
- Grieving widow is subjected to repeating defamation, undue influence and duress as means to remove her from a Trust.
- Vulnerable women’s assets are intentionally concealed from the court in various investment or holding vehicles such as hidden Trusts and Omnibus accounts.
- 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.
- 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.
- 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.”
- 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.
- 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.
- 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.
- 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.”
- 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.
- 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.
- 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.”
- 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. 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 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.
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.
“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.”
“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.”
“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.
|ESTATE OR GOVERNMENT PAID POSITION OF AUTHORITY||PROFESSIONAL, CIVIL PROCEDURE, TEDRA & LEGAL ETHICS CONFLICTS OF INTERESTS|
|Primary Care Provider or Caregiver||Conflicts and elder abuse & exploitation arises when the elder’s primary care provider is also in any or all of these roles of authority; the Power of Attorney (PoA), Trustee, Advanced Directive Agent, Joint Bank Account(s) Holder, landlord & coordinates meetings with the senior’s attorney(s) for estate documents signings for the care providers benefit. Home-care provider uses tactic undue influence strategies, gas-lighting, isolation from seniors trusted acquaintances and conceals vital information from their dependent parent or significant partner they are caring for. Maleficent primary care providers and those assisting them can engage in menacing defamation campaigns, threats, harassment and menacing behaviors towards those whom legitimately try to protect the vulnerable person. These personality disordered types often don’t follow State Statutes or court mediated agreements. They me even try to have their attorney or the Alleged Incapacitated Persons (AIP) attorney place a no-contact order on those they feel are a threat to their role of Authority over the AIP. Unscrupulous professionals prefer predatory primary care providers because this is a crucial enforcer position over the vulnerable person or dependent senior, thus allowing all in the organized elder abuse networks to profit through exploitation and collusion-aligned cover-up schemes.|
|AIP/Vulnerable Person’s Estate Planning Attorney||Professional conflicts and model rules violations arise when the Estate Planning Attorney with a case history of exploiting elderly clients and concealing materiel facts to regional courts is also the Alleged Incapacitated Person’s (AIP) Limited Financial Power of Attorney, Scrivener of home-care provider’s PoA and the seniors Living Trust adviser. Compounding conflicts of interest occur when the Estate Planner is also the covert counsel to the family care-provider or outside council to the for-profit Conservator or Guardian. A seniors, AIP’s or Ward’s attorney makes substantially more money when drafting dubious living trusts, PoAs or conceals assets to intentionally create family conflict and just cause for litigation, This often necessitates a perceived need for guardianship/conservatorships (G-C) as a means to railroad the vulnerable person into the attorney’s aligned network of professionals whom offer these for profit services. The estate planning attorney/elder law attorney remains as council and often secures monthly residual fees for the duration of G-C, which is almost always to the Wards death and a time they can receive additional estate payoff in the final distribution of the estate. “Critics say these professionals often play one side of the family against the other,” When estate planning attorneys draft illicit living trust documents allowing beneficiaries to transfer themselves the seniors assets or uncharacteristically favoring exploitative caretakers whom restrict family access to the senior or disinheriting grandchildren to favor the home caregiver financially. These circumstances cause substantial psychological and financial abuse for both the trust drafting attorney’s memory-challenged elderly client and family members. Under Uniform Power of Attorney code it is also considered elder exploitation, fraudulent transfers, model rules violations and unjust enrichment. Despite these violations and Unconscionability in the Law of Trusts these exploitative circumstances happen frequently and too many probate court judges knowingly allow this illegal conduct and accompanying elder abuse. When a AIP’s attorney blurs or crosses the line and drafts estate documents facilitating substantial estate asset transfers to the primary caregiver this is a hallmark sign of undue influence at play. Aiding and abetting and conspiracy claims are born out of criminal law. They lead to liability for attorneys who help their clients to commit some kind of crime against a third party. This usually involves a lawyer helping their client commit fraud or some type of financial crime against a third party.|
|Estate Planning Attorney’s Consulting Attorney(s)/Primary Caregivers Attorney||Professional conflicts arise when when the primary estate planning attorney plans an estate take over and retains an additional consulting attorney for the primary caregiver for future litigation after the PoAs begin transferring themselves the psychically disabled and cognitively impaired seniors assets. This may occur early in the Estate Planning process and the initially retained consultant attorney becomes the exploitative home-care provider’s/PoA’s attorney in anticipation of tactically orchestrated family conflict through unethical estate drafting & asset transfers to the primary caregiver/PoA/Fiduciary/landlord. The care-providers multiple roles of authority and control over the senior enabled the care-provider to gain full decision making for the AIP/Ward, typically through isolation of the dependent senior, illicit estate documents and tactic undue influence strategies. The consulting/home caregivers attorney has built their law practice to be well connected in the region to an aligned network of third party court visitors company’s, for profit G-Cs, primary care physicians and the probate judge. When these practices effect multiple seniors in the same judicial district it becomes a risk to the elder community and their families in that county. This is particularly true when Prosecutors and law enforcement breach public trust by incorrectly viewing or maintaining policies that categorizes criminal elder exploitation as civil matters. When a primary care providers attorney assist in the omission of materiel facts in financial discovery this are far more than civil matters. t’s becoming more and more of an issue among law professionals when it comes to facing third-party liability claims in aiding their clients in a venture that is looked at as mounting to a breach of fiduciary duty. This is known as civil aiding and abetting and civil conspiracy.|
|Family Fiduciaries||Conflicts of interest among family fiduciaries lays foundation for exploitation and litigation. This is particularly true when a “post seniors memory-impairments and dependency” Living Trust is ineptly drafted to illicitly transfer assets or contrary to IRS/ uniform code best practices, contains voidable provisions or an existing estate plan is already in place to avoid probate. As an example the creation of a majority-ruled revocable trust where trustees are beneficiaries and vote to pass themselves assets of the elders estate or interplay with the seniors Will are voidable. IRS considered this gifting and subject to high taxes and exploitative of the benefactor or elder trust grantors estate. Unethical estate planners have actually created such Living Trust as a fraudulent pretext to transfer assets and change Wills. These mock living trust are not funded but used as a documents scheme to fool elders and other family members to transfer the vulnerable persons estate assets to predatory benefactors, Family fiduciaries are generally a bad idea when an authoritarian family home care provider is involved controlling the disabled and dependent elderly person and using Trusts, joint accounts, PoAs and working with the seniors estate planning attorney to pass themselves the seniors assets. This is considered unjust enrichment among other violations because undue influence, fraud and abuse is often involved.|
|Primary Care Doctor||Professional conflicts occur when an psychologically, physically abusive or exploitative primary caregiver changes the elder or alleged incapacitated persons (AIP) primary care physician (PCP). Often a persons PCP is the front line deference against clandestine abusive tactics such as undue influence and they are aware of the health circumstances, dependencies and vulnerabilities. If a new primary caregiver changes the PCP shortly after resuming their role over the persons care, gains authority over the vulnerable persons decision making via estate documents such as PoAs, advanced directives and other matters this is a substantial read flag indicator of potential abuse and exploitation. If the new PCP doesn’t follow previous doctors health recommendations and conceals health and neurocognitive related matters in Court ordered physician evaluations this is a Board of Medicine violation and may be considered fraudulent concealment/fraud by omission by the Court. In some cases dubious PCPs have their physicians assistance fill out physicians evaluations and intentionally conceal material facts.|
|CPA as Conservator||Professional conflicts occur when a family certified professional account represents the AIP and family members. The conflicts become worse when the CPA is in a conservatorship position and one of his family clients breaks court agreements or fiduciary laws to exploit the elderly person whom is also the CPA’s client. In most States a CPA is a required mandatory reporter and by law should report matters concerning elder exploitation. Additionally these matters become even greater conflicts when a secondary conservator retains the initial CPA conservator as the AIP/Wards accountant and all parties are aware of the elder exploitation and financial violations. CPA’s have some of the most stringent ethics rules out of most financial professions.|
|For-profit Conservator, Trustee Management Company or Professional Personal Representative||Professional conflicts occur when exploitative for-profit conservatorship firms appointed by the court or attorneys gain control of the elderly or vulnerable persons financial affairs. Conservatorship abuse is a is a national crises and has been for decades . The toxic conservatorships are further compounded when they knowingly retain psychologicaly abusive and exploitative primary care providers, compromised estate planning fiduciaries as vendors and the same behaviors that necessitated the court appointing the conservatorship in the first place continues. It is shocking a probate judge allows this put it happens. Associated organizations were for-profit Guardian,Conservator or Trustee firms become members, board members or presidents such as State Bar associations, planned giving, endowments, estate planning councils, accounting and related geriatric service councils creates a veneer of credibility for future clients and the courts. In the circumstances of predatory or toxic conservatorships these “on the surface” organizational memberships are used to discredit family or friends of the vulnerable person whom have legitimate verifiable grievances and evidence of the Conservators repeated fiduciary breaches or wrong doing. These membership are also effective intimidation positions for opposing council especially if the State Bar pressures their other Bar licensed members due to the ranking members influence within the State Bar leadership roles. These board positions can be leveraged to create bias and sabotage the judicial process when repeating wrong doing and intimidation is involved.|
|For-profit Guardian or G-C Firm||Professional conflicts occur when guardians or conservators receive referrals from their preferred or standardized network attorneys as well as state licensed LSW workers whom work within health care facilities or hospitals. This would include estate planning attorneys who are are part of these referral networks whom may be helping the primary caregiver conceal materiel facts in Discovery or other state regulated vulnerable person violations. The problem is substantially compounded when Center for Medicare and Medicaid (CMS) funded hospitals employ LSW patient advocates whom also run side G-C court visitor companies and refer elderly protective clients to specif estate planning/elder law attorneys or particular G-C companies or elder care facilities. Moreover, if any of these businesses are the probate courts go to or default solution their is incentive to provide repeating referrals and even cover-ups of abuse, exploitation or negligence thereby in violation of Federal Acts and State mandatory reporting Statutes. Since many of these geriatric service providers are paid from the same elderly persons estate they are incentivized to protect one another and conceal materiel facts of abuse, negligence or exploitation. Some may even assist in concealing materiel facts in court reports, evaluations and tactically time civil procedure reporting that fail to meet Court statutory deadlines. When the probate court appoints these officers of the Court their failure to disclose conflicts and materiel facts taint the judicial machinery to the point of fraud upon the court and jeopardize the life of the elderly person. When these circumstances repeatedly occur an organized criminal enterprise may be involved. Like Judges, even culpable for-profit guardians & conservators almost always have criminal immunity. The more evidence the legitimate protector’s of the vulnerable person discovers on those professionals being paid from the elder’s estate, the more the predatory networks band together to protect one another.|
|Guardian Ad Litem||Professional conflicts occur when a Guardian Ad Litem attorney or state licensed social worker aligns themselves with the objectives of an abusive primary caregivers’s attorney and the AIP’s unscrupulous estate planning attorney or legal counsel. A county plagued by a networked probate system that is dominated by aligned professionals working together to unjustly profit from the elder’s estates and G-C litigation will motion to remove any Guardian Ad Litem (GaL) or Primary Care Physician (PCP) who won’t write their evaluative court reports to exclude material facts of abuse, negligence or exploitation negative to their primary caregiver client and thus, rig the third-party evaluations for their favor. The same illicit practices also occurs in child custody battles. In reality the best interests of the vulnerable person are not the objective; winning the case and legally trafficking the child or elderly person into their established for-profit network of associated professionals is. These corrupt practices are a substantial risk to vulnerable persons and the entire community. Unscrupulous professional alignments pose a grave threat to a regions legal, social services & healthcare systems, however this is how some professionals build their practices and ensure reoccurring business profits.|
|Court Visitor (State Licensed Social Workers) & Hospital LSW Patient Advocates||Professional conflicts occur when state licensed social workers engage in dual roles and other ethical violations of their state occupational boards and National Association of Social Workers Code of Ethics. When state licensed social workers also work as patient advocates at CMS funded Hospitals while operating side business in court, attorney and G-C support services such as court appointed visitor businesses whom refer elderly patients to specific elder law/estate planning attorneys, guardians or conservators whom have a track record for exploiting elderly estates. These coordinated circumstances present a problem for the county courts and elderly community. This was and still maybe common practice in certain Inland Northwest healthcare district(s). The conflicts are compounded when the county Probate court uses such firms as their default choice in appointing for profit court visitors, guardians or conservators all of whom are being paid from the elders estate and therefor have an aligned interest to transfer themselves the elders assets through fees, estate, property sales, and other means. Similar events like this occurred in Clark County, Nevada the AG’s office laid the ground work that defining aided in organized elder exploitation & RICO circumstances relevant to a criminal enterprise: “…. (defendants) knowingly, willfully and feloniously, while employed by or associated with an enterprise, conduct or participate either directly or indirectly, in racketeering activity through the affairs of said enterprise, and/or in the affairs of the enterprise through racketeering activity.” Moreover when unscrupulous law professional and exploitative primary caregivers use these affiliated patient advocacy services both in the hospital and in court litigation it constitutes several federal and statue violations. In some instances the patient advocates aided in banning family visitation with in the hospital, while hospital receptionists provided false information to families on HIPAA hospital visitation policies contrary to C.F.R regulations, were named as court visitor in court motions, were then removed due to conflicts of interest but then reinstated by the exploitative caregivers attorney. At the time the one of the patient advocates/court visitor company owner was also President of the County Guardianship Board. These events occurred at the same time the AIP’s Hospital affiliated Primary Care Physician and their physician’s assistant was concealing materiel facts in the probate court’s required physician evaluations on the seniors health. These are medical board and physician assistant violations and these matters provide an illustrative example of how geriatric services providers for the elderly in both medical and law work in-concert to conceal materiel facts of abuse, exploitation or negligence instead of making Federal and State mandated reporter statements to APS, healthcare agencies or law enforcement.|
|Neurocognitive Evaluating Psychologist||Professional conflicts occur when the AIP’s estate planning attorney coordinates with “in network” neurocognitive evaluating psychologists and the seniors primary care-giver drives the senior to the appointment, coaches them on responses just prior to living trust or will signings transferring substantial assets to the primary care provider/PoA. The influence is even more extreme when the estate planning or care provider remains present in the psychologists interview with the elder person. Hospital affiliated neurocognitive Psychiatrist(s) confirming that memory impaired vulnerable elderly persons are being brought to their clinic for neurocognitive evaluations by primary care-providers coordinating with estate planning attorneys and asked to perform estate signing neurocognitive evaluations without medical records (review neurocognitive evaluations guidelines: ABA/APA Assessment of Capacity in Older Adults For Psychologists pg. 34 “Reviewing the Records).|
|Petitioner/Authentic Protectors Attorney(s)||Professional conflicts occur in high conflict vulnerable person litigation when the Petitioner/authentic protector’s attorney(s) careers, reputation among peers or standing with the probate judge are threatened by opposing council (or indirectly through their opposing council commissioners in the State Bar). The authentic protectors attorney(s) will not place their practice and its standing in the legal community ahead of their clients even when their client is acting in the best interests of the exploited vulnerable person. When an attorney’s client is advocating for the protection of an exploited or psychologically abused elder this complicates matters particularly when the seniors attorney is in practice advocating for the exploitative primary caregiver. The judicial system is easily manipulated by legal pros when their are predatory networks receiving fees from the senior estate and aligned against family or friends trying to protect the vulnerable person. Defamation, harassment, fraud in procurement and fraud by omission are common tactics used to drive off legitimate protectors and their attorneys. If sufficient incentives are offered or the association in fact network pose a threat to the legitimate protectors attorney they may sabotage their own clients case. This can be done by not returning calls, filling weak motions, missing deadlines, failing to apply statutes to motions, failing to follow up on omissions in Discovery, pressuring clients to unacceptable agreements by predatory attorneys, failure to enforce opposing & 3rd parties to follow model rules or rules of civil procedure, referrals to inept accountants or other third parties, and even throwing cases they could have easily won for their clients based on concealing medical or financial Discovery facts.|
|Hospital or Elder Care Facility||Professional conflicts data when private or federally subsidized Hospital’s or Elder Care Facility’s fail to police their staff and multiple C.F.R., U.S.C, health insurance, state and many federal acts protecting seniors and vulnerable persons occur.|
|Home Care Service Provider Corporation||Professional conflicts occur when large home-care service conglomeration with a track record of Medicare and Medicaid fraud create regional limited liability companies that service exploitative or psychologically abusive primary caregivers attending to seniors.|
|Certified Public Accountant as Certified Fraud Examiner (CFE)||Professional conflicts occur in high conflict vulnerable person litigation when the Petitioner/authentic protector’s retains a Certified Fraud Examiner (CFE) and the primary caregiver’s and their attorney intentionally omits materiel facts in financial Discovery and the CFE refuses to confirm this in a report to a client. When multiple badges of fraud, fraudulent intent is present and multiple professional are operating in-concert to illicitly transfer a seniors estate for unjust or criminal profiteering and the contracted and CFE is unwilling to produce a report exhibit for the court this is also fraud by omission among other U.C.C & CPA violations. CPA’s owe a duty to thier clients hom retain them for a partucular skill set when they act Unscrupulously due to fear that reporting on other county professionals may jeopardize future business, reputation among peers or standing with the probate judge they should not be servicesing client in fraud investigations. When CFE’s become aware that multiple professional in their county are engaged in repeating criminal violations they need to inform the county prosecutor as set forth by their professional ethics guidelines, state statutes and federal acts legislated to protect senior citizens, Unfortunately, like the authentic protectors attorney(s) the CFE will not place their practice and its standing in the legal community ahead of their clients.|
|Broker, Investment or Wealth Manager||Professional conflicts occur when brokers, wealth managers, trustees and investment fiduciaries violate their securities licence, FINRA, FINcen and S.E.C laws to name a few. Financial elder abuse occurs when a victim is exploited because of vulnerabilities associated with age such as impaired mental capacity and/or a simple lack of understanding and investment managers know this. Most investment managers and brokers know this because they are heavily regulated and mandatory reporters in many states. However they work around these regulatory mechanism by cutting mutually benefiting profiteering schemes with the seniors expletive primary care provider, attorney or Guardian or Conservator. Unscrupulous financial professionals may often co-mingle senior investment assets in omnibus accounts or investment ponzi schemes. These activities are criminal however abuse is so widespread with virtually no oversight even when reported to prosecutors, State AGs or probate judges, so these practices have become standardized. The FBI or DOJ only investigates when their are many victims and billions of dollars stolen. Investment News: With $84 trillion wealth transfer coming, advisers should be licking their chops.|
|Banking Institution||Professional conflicts occur when banks stray from mandatory reporting elder exploitation, FINcen, the Bank Secrecy Act, Trust Institution Act or other regulatory state and federal banking, fraud and money laundering laws. Too often a Banks investment division manager or client accountant is complicit i banking or document schemes or other mechanisms to illicitly transfer, conceal assets engage on dubious acts with the family POA/fiduciaries/Conservator/Estate’s Personal Representative during the life of the at risk senior at final estate transfer from an unaware elderly client or vulnerable person or postmortem former client.|
|Estate’s Personal Representative (Executor)||Professional conflicts occur when a for-profit conservator of exploitative estate fiduciary is also the seniors Personal Representative. This is particularly true when all these individuals are not bonded. The Court of Appeals for the Second Circuit recently ruled that RICO claims can be brought in connection with unlawful activities by an executor or personal representative of an estate. King v. Wang, 2016, U.S. App. Lexis 15753 (2nd Cir. 2016): “….Defendants engaged in an “ambitious scheme . . . designed to change C.C. Wang’s financial affairs and long standing estate plan” in order to facilitate the diversion of family assets away from Plaintiffs and into Defendants’ hands. (Compl. 46, 154-57, 179.)”|
|Realtors and Estate Servicing Construction Contractors||Professional conflicts occur when real estate agents or estate servicing contractors abuse their position of trust, engage in forgery, exploitation or extortion. As an example: in a notorious predatory network spanning multiple northwest USA counties, one for-profit guardians-attorney’s partner, a conflicted murderer ran an estate services business whom performed repairs on the attorney-guardian elderly clients properties. The estate services form charged excessive fees and billings were orchestrated to be late so the attorney-guardian could force on the properties or guardianship on unsuspecting seniors. Family and friends of the seniors whom tried to help were ran out of state or the guardian worked with complicit judges to have restraining orders file against the persons whom tried to protect the seniors or vulnerable persons. Predatory professional typically deal with their preferred realtors to help sell the exploited seniors homes.|
|Probate Magistrates/Judges & Overseeing Judicial Councils||Professional conflicts and Canon violations arise when the assigned official of the court overseeing and ruling on facts, precedents and laws related to specific events within a properly filed litigation repeatedly fails to enforce rules of civil procedure, model rules, statutes, mediated agreements, uniform and statutory code. When this consistently occurs the magistrate has violated their duty of trust and public or judicial office. Since elder exploitation matters are dismissed by police and prosecutors as civil matters, typically the only person able to mitigate legal health and public safety matters of grave concern for the marginalized elderlyand vulnerable person community is the Probate Judge. Probate Judge’s prefer that families work out their disagreements; including verifiable criminal matters or for the third-party evaluators such as court visitors, primary care physicians, psychological evaluations and Guardian ad ltems to make their decisions for them. In incompetent venues or corrupted regions were the third party’s are “weaponized for profit” the professionals are often paid by the seniors estate and align themselves in the litigation process through concealing misdemeanor or prima facie criminal violations at the behest of an exploitative caregiver’s attorney or the AIP’s own attorney. Entire regional court systems have become more compromised particularly in the area of G-C procedures, estate planning and elder law concerning elder exploitation where judicial procedures are irreparably tainted by allowing repeating fraud upon the court, breached ADR mediation, facilitating concealment/fraud by omission of materiel facts by court appointed third parties and perjury. Magistrates fear of being ostracized by legal or influential civic peers and enticed by political or financial inducements are becoming standardized miscarriages of justice. Once champions for the vulnerable probate judges have lost control of their courts to attorneys whom have abandoned the model rules, became apathetic, apply or dismiss the rules of civil procedure to favor unethical lawyers or buy into off the record “special circumstances” or hallway “off the record” meeting agreements that favor their preferred party and thus deviate from judicial protocols. In other words bad probate court judges consistently abuse their discretion and oath of office.|
|Prosecutor, District Attorney & Law Enforcement||Professional conflicts occur when civic employees in law enforcement roles and positions of public trust are also Trustees on private trusts, actively engaged in vulnerable person estate exploitation or knowingly refuse to investigate system wide criminal matters involving embezzlement, statutory vulnerable person violations and related public safety concerns in their judicial district. This also applies to police departments. These endemic circumstances are particularly alarming when police and district attorney’s phone receptionists and gate keepers are directed to treat elder abuse, negligence and exploitation events as civil matters even when their is county-wide prima facie evidence of criminal fraud and vulnerable person exploitation. The predatory networks of professionals engaged in repeating acts of elder exploitation of multiple clients know their judicial districts prosecutors and police will do nothing to stop the tsunami of elder exploitation and this further emboldens them and explains why they exploit seniors so brazenly.|
|Alternative Dispute Resolution (ADR), TEDRA, Mediators & Facilitation of Criminal Enterprises||Professional conflicts occur when offending parties whom are responsible for the abuse, negligence and exploitation of vulnerable persons intentionally fail to bargain in good faith or honor prior established mediated agreements which the Probate Court then also fails to enforce. When court required meditation fails due to these reason and mediation was a result of ineptly drafted estate planning or duty to care for the vulnerable person health properly, these matters are not enforced and continue to happen so the offending parties can continue to unjustly enrich themselves then it is a systemic failure of the entire counties Judicial system. That means that all those professionals whom billed “clients” for something that was not only worthless but used as a vehicle to create more litigation, mediation fees, enabled future illicit estate transfers and allowed for the continuation of duty of care violations that could cause the untimely demise of the vulnerable person despite forewarning in attempts to correct in mediation. All these matters are fraud including the court-ordered Alternative Dispute Resolution or Trust and Estate Dispute Resolution Act (TEDRA) procedures. If court ordered mediation or TEDRA which allows parties to come to an agreement that may differ completely from what the settlor intended. TEDRA when abused, can be manipulated to consistently rig outcomes, used as a means to avoid compensating for exploitation or continue exploitative transfers and sales of land or other asset transfers. TEDRA has been criticized in the United States as being too radical. When manipulated ADR and related mechanisms such as TEDRA negatively affects multiple vulnerable persons within a particular Judicial district via knowingly rigged processes, organized elder exploitation schemes and premeditated processes that fosters reoccurring fraudulent transfers this could also be considered components of a criminal enterprise. This becomes more evident when combined with other illicit estate planning tactics, fraud, the capacity of the seniors to understand complicated estate transferring mechanisms that deviant from their long established wishes to unjustly enrich primary caregiver(s), short & long term consequences of inetionaly obfuscated trust drafting and ADR/TEDRA, undue influence of the grantor/other trustees and professionals working in collusion. If data gathered through ABA (WINGS), ACL (WINGS) , other federal/state grant funded court monitors/programs is non-manipulated, not whitewashed and can remain accurate, then the States Attorney General office and State Bar would likely, or be required to be aware, that ADR and TEDRA is consistently being used as a means to forego violating parties accountability fot criminal acts or rig civil procedures concerning criminal conduct, cover-ups past exploitation or aid in the facilitation of financially large estate transfers through illicit Trusts, undue influence and coordinated exploitation of vulnerable persons. Premeditated actions that includes predatory professional affiliations, intentional corruption of civil procedures and organized cover-ups at institutional levels.|
|County Guardianship Boards||Professional conflicts occur when county guardianship board members or presidents repeatedly operate in concert with specific elder law or G-C attorneys with a track record of charging their disabled clients high fees and liquidating elderly or vulnerable person estates. When state social workers and their businesses are also guardianship board members or Presidents and function in multiple roles were potential conflicts arise it may present ethical violations of their state occupational boards and National Association of Social Workers Code of Ethics (NASW.) When these circumstances repeat they could presents a risk to the entire community. Furthermore, these conflicts are exasperated when state licensed social workers also work as patient advocates at CMS funded Hospitals while operating side business in court, attorney and G-C support services such as court appointed visitor businesses which refer elderly patients to specific elder law/estate planning attorneys, guardians or conservators whom have a track record for exploiting elderly estates. These coordinated circumstances present a problem for the county courts and elderly community. This was and still maybe common practice in certain Inland Northwest healthcare district(s). The conflicts are compounded when the county Probate court uses such the G-C narods presidents or members as their default choice in appointing for profit court visitors, guardians or conservators when they are being paid from the elders estate and omitting materiel facts in their court reports. This is also becuase court visitor LSW are also being paid the elders assets through fees, estate transfers, property sales, and other means. Moreover, when unscrupulous law professionals and exploitative primary caregivers position state licensed social workers or patient advocacy services in either the hospital to facilitate blocking of patient visits or in court litigation it may constitutes NASW, federal and statue violations if the vulnerable person is subject to abuse, exploitation or negligence by those in positions of their authority. In some instances the if guardianship board members are also patient advocates at a CMS funded hospital and aiding in the banning of family visitation with in that hospital or car facility, providing receptionists false information to families on HIPAAvisitation policies contrary to C.F.R regulations, and named as court visitor in court motions this would be a substantial violations of multiple ethics rules and CFR violations. IF LSW guardian board members court reports occurred at the same time the AIP’s Hospital affiliated Primary Care Physician and their physician’s assistant conceal materiel facts (fraud by omission which invalidates court reports) in the probate court’s required physician evaluations on the seniors health this in-concert activity would also constitute several LSW violations. These are medical board and physician assistant violations and these matters provide an illustrative example of how geriatric services providers for the elderly in both medical and law work in-concert to conceal materiel facts of abuse, exploitation or negligence instead of making Federal and State mandated reporter statements to APS, healthcare agencies or law enforcement.|
|Public Officials. Land/Development Officials & Timber Loggers||Professional conflicts occur when public officials, such as prosecutors are also fiduciaries on private trusts and the settler suffers cognitive decline resulting in multi-year probate litigation. This also includes realtors, land developers and public officials whom unjustly profited through land deals, referrals, gifts or inducements of any kind related to elder exploitation when undue influence was involved. Public corruption is a breach of the public’s trust by government officials who use their public office to obtain personal gain. It is a violation of federal law for any federal, state, or local government official to ask for or receive anything of value in exchange for, or because of, any official act. In Idaho, this includes commissioners, prosecuting attorneys, sheriffs, clerks, assessors, treasurers and coroners. State licensed Loggers and Contractors whom receive profit from clearing or developing a vulnerable person’s land whom fail to provide proper records of natural resources inventory to Dept of Land offices, state tax authorities and IRS are also liable.|
|A) Grant Funded Agencies, B) Endowment Funds, Charities, Political PACs||A) Agency and professional conflicts occur when a federal or state grant funded organization is aware of professional predatory practices, predatory networks in their region and fails to warn the public. This can occure when the agency repeatedly minimizes, whitewashes and covers up the abuses and damages thereby failing to meet C.F.R., U.S. Code and state regulations of the Grant, the State’s written administrative protocols and related public safety policy mitigation duties. B) Organization receiving funds from a predatory for-profit conservators or an estate’s personal representative were funds were procured through abuse, fraud or exploitation are complicit. The same applies to charities and political PACs. For profit conservators can be very generous with a vulnerable persons assets because it gives them clout within their peer network, increases referral contacts & clients to exploit and provides the appearance of credibility which they can promote in their marketing. In some cases APS agencies work with hospitals and higher education and align their donative processes for endowment funding of these institution were the elders pilfered annuities, bank account transfers, stocks and investment portfolios can be transferred into endowments. This could be considered a form of money laundering, especially when the vulnerable persons asserts were obtained through trust schemes or other illicit practices.|
|Health Care Insurance Providers (under Medicaid/Medicare systems)||Professional conflicts occur when primary caregivers, healthcare insurance providers, medical providers, patients, and others who intentionally deceive the health care system to receive unlawful benefits or payments. Through data and information sharing, the Healthcare Fraud Prevention Partnership (HFPP) fosters a proactive approach to combat healthcare fraud, waste, and abuse. Contracted or volunteer primary caregivers who engage in statutory violations concerning duty to care responsibilities such as not following Physicians advise concerning lifestyle matters that could kill the AIP, mixing prescription medications with alcohol, over medicating seniors with pain killers or sleeping aids, not following instruction on medical devices the senior requires, scheduling premature or dangerous elective surges the senior does not want, isolating the senior, causing the elder person psychological distress, and tactic undue influence in estate documents signings to transfer the elders assets to themselves would constitute mental, psychical and financial abuse. The care provider or AIP’s Attorneys, Guardian ad Litems, Primary Care Physicians and their assistants & affiliated CMS funded Hospital and third party court reporters working in concert to aid or conceal these practices may also be directly or indirectly involved health care system fraud. When county courts and hospitals are aware of these matters occurring they may also be complicit, especially when these matters repeatedly occur to those in the elder community in their health or legal district.|
|State Bar||Professional conflicts arise when when a State Bar President or ranking member of a regional State Bar Commission is also a member or inside counsel of a for-profit Conservatorship, professional Trustee Company, investment form or affiliated legal firm that engages in predatory practices. A State Bar president can indirectly influence State Bar member attorneys and potentially probate magistrates, They can also influence other Bar members whom review Bar complaints to dismiss complaints when their for-profit trustee, conservatorship, court appointed third party or associate in when predatory estate planning or legal practice are involved.|
The more cross-industry and multiple authority roles causing conflicts of interest that harm the vulnerable persons in a specific region the greater likelihood there is premeditated organized exploitation, collusion, predatory networks or potentially a criminal enterprise involved. When predatory professionals are so cavalier that they operate as a clandestine network; association-in-fact-enterprise (RICO), it likely means multiple elder exploitation victims have been involved over a period of time. This can include numerous violations being committed and a system wide, endemic hierarchy of authority involved often relative to profession and role of authority over the dependent elderly persons targeted. In predatory professional networks. fraud and exploitation is standardized which also helps the group protect one another through a “code of silence” or Omertà principle. This self preservation of oneself and the group typically negates any mandatory reporting safeguards.
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.
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.
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
The International Consortium of Investigative Journalists encourages whistleblowers to securely submit all forms of content that might be of public concern - documents, photos, video clips as well as story tips. We accept all information that relates to potential wrongdoing by corporate, government or public service entities in any country, anywhere in the world. We do our utmost to guarantee the confidentiality of our sources.