The Rampant Abuse of Elders By Using Guardianship

Jack Halpern does an incredible job of protecting the elderly from the abuse of individuals as well as the abuses of the system. If you or your loved ones are facing any challenges right now relating to elder abuse please call Jack immediately at 212-945-7550. It is too late for my Mom; don’t let it be too late for your loved one. 


My Elder Advocate

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By Jack Halpern, CEO, My Elder Advocate

It is an often occurrence, that My Elder Advocate is called in to Advocate for a resident in a Nursing Home who has been placed there against their will by a court appointed guardian, and generally is being abused or neglected. In many of these guardianship cases, close family members have been banned from visiting their loved ones by guardians. In other cases nursing homes have been declared guardians and they have pillaged the personal accounts of the people they are supposed to protect.

As the number of seniors increase, so will the number of individuals with cognitive disabilities such as Alzheimer’s disease and dementia. This trend has produced an increasing demand to invoke guardianship on behalf of incapacitated seniors. However, guardianship – a legal tool which gives one person or entity the power to make personal and/or property decisions for another – has the potential of harming older adults rather than protecting them if not carefully administered. The rising incidence of elder abuse in this country and continuing reports of the failure of courts and the states to prevent exploitation of incapacitated adults by their guardians have long been of concern to My Elder Advocate and other advocates across the country.

Take the case of a former cab driver who befriended an 87-year old customer with Alzheimer’s. The cab driver was also a convicted bank robber. Somehow, he was granted guardianship of the elderly man. He embezzled more than $640,000. He used some of it to pay for exotic dancers and a new Humvee. He’s now in prison. The money’s gone forever.

The appointment of a guardian occurs when a judge decides an individual lacks capacity to make decisions on his or her own behalf. Adult guardianship protects at-risk individuals and provides for their needs while at the same time removing fundamental rights.

The major functions of a guardian of an adult include:

• Making decisions the person is unable to make for himself or herself, and giving consents the person is not able to give.

Exercising rights on behalf of the adult that the adult is unable to exercise for himself or herself.

• Acting as an advocate for the adult’s best interests.

• Taking action to protect the adult from abuse, neglect, self-neglect, financial exploitation and violation of rights.

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About Diane Wilson

Guardianship must be abolished. This draconian law strips human beings of their civil and humanitarian rights. It is used as a method to dispose of the elderly and disabled, steal their estates, and isolate them from their loved ones.

Posted on September 14, 2012, in GUARDIANSHIP ABUSE and tagged , , , , , , , . Bookmark the permalink. 2 Comments.

  1. Diane, I appreciate all the hard work you are doing. I hope you realize what a difference you are making and how many people you have helped with your insights and story, not to mention the countless hours of selfless guidance you have shared.

    • Hi Jim, thank you for your kind words. My goal is to help save others from going through the tortuous hell my Mom and I went through. Corruption and abuse at the hands of the judicial system has a horrific impact on the lives of so many people, but they don’t care. People like Jack Halpern do, and he is doing an amazing job working to protect the elderly. I am proud to know him.

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