LA Probate Law Discusses Elder Abuse Victims Access to Justice
One of the inherent features of elder abuse, and the one that makes the victimization of vulnerable adults difficult to stop, is that it so often happens behind closed doors and under the radar. Too many vulnerable adults in Arizona are suffering in silence. They may be afraid that if they come forward they will not be believed and that the abuse may get worse, or they may simply be too ashamed of what is happening to them states LA Probate Law. It would seem that the priority would be to reach out to these victims and make sure that their abuse stops. But a proposal in the Arizona legislature would make it more difficult for victims of elder abuse to seek justice.
Responsible for the Expense
The bill would limit the court’s ability to craft awards in civil cases involving vulnerable adults. Currently the court has the power to include attorney’s fees as part of the award. This bill would prohibit judges from doing this in cases of elder abuse, so that the victim of the abuse and not the perpetrator would have to pay the attorney’s fees. An opponent of the bill quoted in a local news story asks the poignant question, “Why should the victim who has been abused and neglected be responsible for the expense?” Imagine a vulnerable adult who may have an unscrupulous person swindling them out of their life savings and even their home expresses LA Probate Law. Now rather than trying to find way to reach out to that person and protect them, this proposal is instead creating barriers for them to access the civil justice system. Elder financial abuse – it’s an issue that has existed as long as older people have had property and money. Normally, an elderly individual is sixty-five years or older, and is also referred to as a senior citizen. The crime is a term for the misuse of the funds amassed by these folks. Besides funds, exploitation of a person’s property and resources also can be considered abuse. A study carried out by a leading international insurance provider revealed that close to three billion dollars a year is lost because of the crime. This is mainly because of the various tactics employed by the bad guys to steal from senior citizens.
All over America in our State Courts everyday American Citizens are being stripped of their civil and constitutional rights in some probate or similar court. Once in guardianship those with assets are losing all of their property to perpetrators who have learned to use a system intended to protect to unjustly enrich them. Guardianship abuse is what happens when perpetrators use the guardianship system to loot a vulnerable persons estate while the neglect or abuse the person they should be protecting. In order to be put into guardianship a citizen must be declared incompetent or more recently just have a diminished capacity in many States says LA Probate Law. Many stories in the media and victims accounts are surfacing where private citizens are being forced into guardianship for ulterior motives. Once in guardianship a citizen faces civil death and has essentially has less rights than a prisoner on death row. They are so powerless that they do not even have the right to be heard if they cry out for help and have no right to speak for them anymore. Elder Abuse and financial exploitation is a crime that is poorly addressed in our society. But this form of abuse and exploitation, carefully hidden from the public eye and disguised as a form of protection, is being purposely ignored by the criminal justice system and is destroying the lives of thousands of vulnerable citizens and the lives of their family members. It is being perpetrated by unscrupulous professionals and private citizens in guardianships and conservatorships in and through America’s State Courts.
How Does Guardianship Fraud And Abuse Happen?
First, usually an unsuspecting family member files for guardianship at the advice of an attorney or APS who convinced them this is the best way for them to help their loved in need or it could be family member or friend concerned that an elderly person’s assets are at risk who gets an attorney to help them file for guardianship. There are also cases were a professional guardian trolling for clients or a nursing home that may initiate the petition for guardianship. Once a person is placed into involuntary guardianship they will lose all of their civil rights and essentially face civil death. They cannot vote, marry, contract, divorce, decide where they live, what medical care they can get, what drugs they can take or refuse to take and even if or when they will die. All of these decisions are assigned to a stranger in most cases who will run the person’s life states LA Probate Law. Most importantly to the perpetrators of financial abuse, the person they will protect loses complete control of their money and property. The Guardian or the Conservator gains full control over every single dime of money that belongs to the incapacitated person and they don’t even have to tell the person that they are controlling their money or what they are doing with it. This carte blanche handing over of an incapacitated person’s money to guardians appears from many of the stories we have heard to be a key component behind the motivation to seek out lucrative guardianship cases of elderly persons with assets.