An Open Letter to Congress and the White House

Table of Contents

EXECUTIVE SUMMARY	i

INTRODUCTION	iii

ABOUT NASGA	viii

I. GUARDIANSHIP - A FORM OF CIVIL COMMITMENT - CAN BE DANGEROUS TO THE HEALTH AND IS DANGEROUS TO THE WEALTH OF ALL AMERICANS	1
Rights Violations and Lack of Due Process
Total and Absolute Control of Life, Liberty and Property	2
Failure to Conserve (Preserve) Estate	3
Needless Warehousing - Real Property Quickly Sold	3
Abuse, Isolation and Chemical Straightjacketing	3
Retaliation	4
DNR as Punishment for Wife’s “Interference”	4
Brainwashing	5
Anguish and Fear	6
Support Services Could Obviate Need for Guardianship	6
Victims’ Intended Retirement/Inheritance Plans Ignored	6
Devastation - Financial and Otherwise	6
Recovery - Financial and Emotional	7
Fees - The Deck is Stacked in Favor of the Fiduciaries	7

II. PROBLEMS OF UNLAWFUL/ABUSIVE STATE GUARDIANSHIPS	8
Rights Violations and Lack of Due Process	9
Labeling	8
Watchdog Agencies	9
“Emergency” (Temporary) Guardianship	9
Patronage and Conflicts of Interest	10
Fraud	11
Overbilling and Exploitation	12
Failure to Preserve (Conserve) Estate	16
Durable Powers of Attorney and Advance Directives	16
Family First?	17
Least Restrictive Alternative	18
Transparency (Confidentiality)	19
Accountability - Futility of Appeal & Discipline Process	20
Discipline Statistics	21

III. CRIMINAL ACTIVITY INCREASING	23
Tax Evasion by Fiduciaries	23
Criminal Prosecutions of Fiduciaries	25
Criminalizing Guardianship Abuse	27

IV. MONITORING, OVERSIGHT, PENALTIES, AND ENFORCEMENT	28
Many Studies and Suggestions - No Meaningful Reform!	28

V. WHO SHARES THE BLAME?	38

VI. THE NEED FOR FEDERAL INTERVENTION	39
AARP: “Federal Options to Improve America’s Ailing Guardianship System”	39
Fourth Amendment	41
Fifth Amendment	41
Sixth Amendment	42
Fourteenth Amendment	43
Habeas Corpus	43
Interstate Grannynapping – “Kidnapping” or “Rescuing”?	45
18 U.S.C.241	46

VII. AN IRONIC CONSEQUENCE OF MISUSE OF PROTECTIVE STATUTES - WITH A TRULY SHOCKING AND APPALLING TWIST	47

VIII. NASGA RECOMMENDATIONS FOR REFORM	48
Mediation	48
Failure to Conserve - Medicaid Fraud	48
Federal Benefits and Pensions	48
Payment of Taxes and Other Obligations	49
Fraud	49
Financial Recovery	49
Licensing, Certification and Background Checks	49
End the Money Lure	49
Ethical Considerations	49
“Emergency” (Temporary) Guardianships	50
Medical Evidence	50
Labeling	50
Rights Violations and Lack of Due Process	50
Transparency (Confidentiality) and Accountability	51
Durable Powers of Attorney and Advance Directives	52
Family First and Least Restrictive Alternative	52
Retaliation – Isolation	52
Habeas Corpus	53
Pro-se Litigants	53
Ombudsman	53

IX. MONITORING AND OVERSIGHT	54

X. CONCLUSION	55
Make Good the Forgotten Promise	55

Appendices	59
"Marked for Destruction"	59
George and the Great Writ	60

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