Americans Against Abusive Probate Guardianship

 


  

 

 

 

 

 

Legal Exploitation of the innocent cannot stand in a Democracy

It is Unamerican to treat anyone this way

 

Newsletter

 

 


Listen on Sunday Night 8PM Eastern time

November 24, 2013

http://www.blogtalkradio.com/marti-oakley


Board Certified Internal Medical Specialist, Dr. Sam Sugar wil be featured in an in-depth discussion on legislative refrom of the For Profit Guardianship system in Florida, the emergence of AAAPG and the medico-legal issues that often enable "The Rush to Guardianship"

Marti Oakley

11/18/13

Senate Bill 412 introduced

To all our friends, colleagues and supporters and especially to fellow victims of abusive guardianship:


It is my distinct pleasure to announce that our long time efforts at Guardianship Reform have finally taken a huge step forward.

We are deeply grateful to Florida Senator Miguel Diaz  De La Portilla for sponsoring Senate Bill 412 , a copy of which is available on line at http://www.flsenate.gov/Session/Bill/2014/0412
Additional Senate and House sponsors will be forthcoming.

We now have the opportunity to have our stories  heard in the legislature and in the media. We have the forum in which to create change. It is only a first step, but it is unprecedented!

For the first time in Florida, there is an opportunity to have a serious dialogue with lawmakers about what we all know is a horribly flawed, unmonitored and illegitimate system that threatens every family in the State and has caused so many decent innocent people such egregious pain and suffering.

I cannot stress enough--- this is the time for all victims and families, especially in Florida, to step up, to make calls to their legislators, to rally friends and family to do the same,  to make sure legislators and media receive hundreds of calls thousands of letters and countless emails demanding reform this session. Copies of your communications should go to your Federal elected officials as well (see http://www.house.gov/representatives/#state_fl  and  http://www.senate.gov/general/contact_information/senators_cfm.cfm?State=FL

Victims of this system feel helpless and alone. This is the moment when all that changes, but you must act now and over the next 5 months. If you do not speak up now you will be letting the system roll over all of us--that cannot be allowed to happen! If you feel you must remain anonymous, go ahead and submit your letters and emails as "a concerned citizen" or other similar appellation--but write!!
Our new website   AAAPG.NET
Our  email [email protected]
Our phone number  855-91 ELDER
Our address is

Americans Against Abusive Probate Guardianship (AAPG)
PO Box 800511
Aventura, Florida 33180
Here is a link to the names of the Florida House Representatives
and Florida Senators
Attached also find a sample letter for you to customize.
Here is what to do:
Got the website for updates and evolving information
Make Wednesday your contact my legislators day-- every week until the legislature adjourns. 
Send requests for letters of support to everyone in your email contact list whether they live Florida or not 
Go on to social media and publicize this effort and post links to the website AAAPG.net
Ask your local newspaper or TV or radio station to run a story on Guardianship reform

SUMMARY

 


12/4/2013

On Craigslist

Probate & Guardianship Abuses Group (Dade county Broward County )

 

This post is an attempt to reach out to people whose family or friends have been victimized by guardianship or probate court & associated legal abuse. We need people who are willing & able to tell their stories in hopes of achieving accountability and reform. This is not a commercial venture. You will not be asked for money, nor can you expect to receive any. What is important is that we find victims who are able to tell their stories effectively, and in the beginning, briefly. If you respond, there is no commitment, or need to get further involved. Educated people who can make an impression may be most helpful. 
To help, tell us your story in no more than one or two paragraphs please. You do not need to mention your name, or the names of the perpetrators. If we feel you can help we will respond and if not we let you know by email. The name of the county where your problem transpired would help. We are forming a group to advocate. We have a strong base of victims,in Dade County, but need more people. We may have a better chance of achieving justice in Broward County and especially need stories from Broward. Thank you for considering taking a chance and speaking to us. If we do come in contact, you will know instantly that we are for real. We can not promise anything other than an impassioned effort. I am posting this on behalf of the group as I am a fairly good writer and am familiar with Craig's List. Another group member will be handling any correspondance.


11/28/13

A Warning to the Public from a Victim

PLEASE HELP PROTECT

YOURSELF AND YOUR LOVED ONES!!                                       

Will you stand up for the lives of our Elders or Disabled? Will you be able to protect your loved ones?

Under the guise of protecting the assets of an allegedly “vulnerable person” the system of “For Profit Professional Guardians” here meaning ones that are  predatory and deviant, together with an unethical lawyer, Judge and others, ruthlessly and systematically takes control of an innocent person’s life. They strip away the victim’s precious civil rights, sell their homes, take over their bank accounts, put them away in nursing homes,  and even their names are substituted for “the ward”!  These predatory “guardians” whom the Court has given a license to seize wards’ assets and take them for themselves--- the equivalent of slavery--do this all under the name of the law and with cooperation of the Probate Court!

Even if you have a legal document such as a Power of Attorney, and even if you are the Pre-need guardian for the senior citizen, or disabled loved one, his life may be  in danger.  This “professional predatory guardian“, with the help of a corrupt and unethical attorney and judge, will have all your legal documents REVOKED so that you will have no rights nor say so in a Court of Law in Florida!

With this process, where you cannot protect nor defend your loved one, because he has been taken over by this “guardian”,  families are irrevocably destroyed, estates and inheritances looted and plundered by this cruel form of Identity theft and Human trafficking! And this happens EVERY DAY in Florida by these deviant guardianships.

If you knew how dangerous and REAL this threat is to you and your loved ones, you would be outraged!  So many people snared into this abusive and exploitative system are suffering , put away into nursing homes, where isolated, sad and neglected, they die; yet there is no public outcry, nor any legal remedy! Justice is ignored and the abusive predatory guardian together with his/her corrupt attorney makes huge profits, many times hundreds of thousands of dollars, from just one of their victims; a victim whose only crime was to be elderly or disabled!

Even our Veterans who served and defended us in our wars, even they are being abused and neglected,  their assets stolen from them and their families, and the Courts do nothing but look the other way!!!

Are you willing to be warned? Are you willing to learn how not to let this happen to you or a loved one?  If you are wanting to prevent this potential abuse from being committed to your loved one or even to you, as you age, then join us for ACTION, PREVENTION AND  PROTECTION, from GUARDIANSHIP ABUSE AND EXPLOITATION!

Learn more at

www.AAPG.net

 

____How Elder Exploitation Happens_____________________________________________________

STEP ONE—“EMINENT DANGER”—THE INITIAL COURT       PETITION

The professional guardian, with the assistance of her attorneys, commences the embezzlement process by filing an emergency petition in the probate courts to become the “emergency” “temporary” guardian

The guardian oftentimes fabricates the “eminent danger” by, stating that there is a neighbor or relative or stranger who is taking advantage of the elderly person. 

and therefore gives the guardian and her attorneys full control over the victim and his or her assets.

STEP TWO—THE EXAMINING COMMITTEE  

An examining committee of three medical “professionals” steps in to verify the allegation of mental incapacity.  Oftentimes, the  victim is administered a cocktail of psychotropic drugs to enhance the claims that he or she is incompetent.  The judge then signs an order that gives the professional guardian full and permanent legal authority over the victim’s person and property.

STEP THREE—THE “FEAST” BEGINS 

Property is sold for below market value and the deeds switch and switch several times. (kick backs are suspected)  Bank accounts, annuities, stocks, and CDs are liquidated into one big guardianship account.Out of this large bank account, the guardian is expected to pay all the victim’s bills, but bills oftentimes go unpaid.

HOW THE VICTIM’S MONEY IS SPENT

1.  ATTORNEY’S FEES AND GUARDIANSHIP FEES FOR “SERVICES RENDERED TO ‘BENEFIT’ THE ‘WARD’” 

A large part of the victim’s money is spent on attorney’s fees and guardian’s fees.  As long as there is ample money in the victim’s guardianship account, the guardian and her attorney cohorts will file motion upon motion after motion to the courts,

 probated.  Assuming creditors do not see the ad and file a claim against the estate within 30 days, their claims are forever barred and so the guardian was able to fool creditors and abscond with the money and not have to pay any of the bills.  If she is caught, she simply pays the bills of the creditors who caught her.  This frequently includes Medicaid.    

1.   5.     ACCOUNTING IS NOT ACCURATE 

The guardian can claim a much lower amount of liquid assets than what the victim is actually worth and then pocket the rest. 

1.   6.      FAKE WILLS:  In this scenario, the guardian claimed that Julie Sweeten desired to leave her estate to her bank.   A forged will was entered into the record.    Wachovia Bank trustee was then given $80,000.00 from the uncontested, probated estate.

STEP FOUR:  THE MYSTERIOUS DEATHS

Once the funds have been spent, the “ward” oftentimes suddenly dies.

-OR

The “ward” dies when there is still plenty of money — if a huge probate battle can commence, thereby further enriching the attorneys and guardian.

 

And it can happen to you--go to aaapg.net to learn more

SUMMARY


11/30/13

Letter to Chief Justice andState Courts Adminsitrator

Chief Justice Ricky Polston

Florida Supreme Court
500 South Duval Street
Tallahassee, Florida
32399-1925

11/29/2013

Honorable Chief Justice Polston:

Citizens of Florida are grateful for your service and leadership in the Court.

A grave situation exists in Probate Courts across the State which may have not yet come to your attention. Attempts to look into the problem with local Chief Judges (in my own case, the eleventh Circuit) have been ignored or avoided.

There are large numbers of families across the state that have been damaged, isolated from loved ones, and denied their rights and rightful inheritances in Probate Court as a result of the perversion of the explicit tenets of Fl. St. 744 by the For Profit Guardianship Industry and their ability to overwhelm the Court with their greed driven tactics.

Finally, there have been some major media exposes of this illegitimate process and there will be more to come. Further, legislation will be introduced this session to reform problematic aspects of 744. However, reformation of the statute alone will not suffice, as major aspects of the statute as it stands today are routinely subverted (such as the directive to impose the least invasive form of Guardianship in all cases) in what victims call “The Rush to Take The Estate”.

As the Supreme Court has the administrative authority and monitoring responsibility for all Florida Probate Courts, on behalf of the victims of abusive guardianships, we implore you to address this grave issue. Might I suggest Supreme Court sponsorship of a symposium on For Profit Guardianship with invitations to concerned parties and especially for victims and families to clarify extant system issues and propose solutions.

Respectfully,

 

 



> Date: Fri, 29 Nov 2013 16:47:56 -0500
> Subject: Guardianship Issues
> From: [email protected]
> To: [email protected]

> Dear Elisabeth H. Goodner

> Thank you for your kind letter to me personally of November 15, 2013.

> However, I write now as the Founder of an organized group of those affected by Abusive Guardianship and those ranks grow daily.
> Our organization, Americans Against Abusive Probate Guardianship is dedicated to reforming the systematic abuses suffered by so many in Florida whose loved ones have been kidnapped, abused, impoverished and literally killed in Abusive For Profit Guardianship.

> Our website is www.aaapg.net


> The group is composed of family and friends of "Wards" who have been abused and financially exploited and whose precious Civil Rights are routinely violated by a system of Abusive Guardianship created and perpetuated by the Florida Probate Courts operating with little or no oversight or monitoring
> from Tallahassee.
> Our members include doctors, lawyers, business people, educators and caring sons and daughters who never imagined the guardianship of an elder family member could condemn them to the vicious abuse of a greed driven Guardian. We are all solid law abiding citizens who can no longer tolerate this abuse.

> Abusive Probate Guardianships destroy families and lives. We can no longer tolerate the flagrant manipulation of the laws meant to protect the vulnerable in our society which are used instead to exploit and ruin the lives of the very people they are intended to protect--- just to perpetuate the
> greed of a minority of For Profit Guardians. The system allows, in fact, encourages "lawfare"-- unlawful misappropriation of a "Ward’s assets by an abusive Guardian who uses classic abuse tactics: isolation of the "Ward” from their family, over-medication to render them defenseless and
> orchestrating protracted litigation to extort self-orchestrated exorbitant guardian fees and legal fees for an arsenal of attorneys employed to carry out their devious tactics. A recent report by MetLife called Elder Abuse the "Crime of the Century". The internet abounds with case after documented
> case of flagrant exploitation of “Wards” and their families in every imaginable way. Our members have experienced firsthand the abject futility of dealing with the Statewide Public Guardians Office because it has nothing to do with the For Profit Guardians.We have experienced shock and amazement
> in the Appellate Courts which almost never overturns clearly improper and questionable lower court rulings. We have approached literally dozens of State Agencies with our plight to no avail. The system is badly broken and has been for decades.
> As a Delegate to the Florida Medical Association, in 2011 and 2012 my resolution to for a an Ad Hoc Committee to study the need for Reform of F.S. 744  was approved. We now seek other stakeholders and clearly the Supreme Court is the primary stakeholder in this process.

> There are over 7000 active Guardianships in Miami Dade County alone and perhaps  hundreds of thousands statewide. With no recourse to the Judges who imprisoned them and stripped of their inalienable civil rights, "Wards" and their loved ones are helpless as they watch their lives and fortunes destroyed by the very
> people appointed to protect them.
> AAAPG has introduced Florida Senate Bill 412 aimed at reforming Florida's Guardianship statutes with sponsor Senator Miguel Diaz de La Portilla. I am again asking that the your office convene a seminar for legislators and Supreme Court Judges on the current status of for profit Guardianship to
> sensitize the Supreme Court to the unethical and criminal type behavior of the Probate Courts.
> We stand ready to assist with testimony and witnesses aplenty.

> We beseech your consideration of this request.

> Respectfully,

> Sam J Sugar MD
> Founder AAAPG

 

 


12/7/13

Grant Approved

In recognition of the important work being done for Abuse Victims, AAAPG has been awarded a generous Grant to continue its  important work by a major philanthropic organization whose mission is "The primary objectives of the foundation are emto support religious, charitable, scientific, literary, or educational purposes.."


12/9/13

Our Supporters

www.allianceforaging.org

Dear Lidya,

My staff and I had the opportunity to review the proposed legislation, SB 412.   It addresses an identified need and proposes an effective response to address that need.  Although the Alliance cannot contribute funding to support your effort, we can endorse it as in the best interests of those we serve.  Look forward to learning more about your progress over the next months leading into the legislative session.

My best,
Max


12/27/13

REACHING OUT TO ELDERLAW SECTION

Can we work together?

 

 

 

12/27/2013

Sam J. Sugar MD, Founder

Tom Fields, Legislative Chair

Kathleen Zagaros, Media Relations

 

 

Ellen S. Morris, Esq.

Substantive Vice Chair

Elder Law Associates PA

7000 Palmetto Park Rd Ste 205

Boca Raton FL 33433-3430

 

Dear Ms. Morris:

As you may know, our group AAAPG, along with State Senator Miguel Diaz de La Portilla has introduced SB 412, a Guardianship reform bill.

In lengthy conversation with Twyla Sketchley, your former Chairperson, it is clear that the Elderlaw Section has common ground with AAAPG in trying to find ways to improve several aspects of the Guardianship process in Florida. You may know, I have already begun to take steps in the Organized Medicine community to address certain such concerns.

Would it be possible to arrange a meeting between us to identify further common ground?

Thank you and Happy New Year

Sam J Sugar MD FACP, Founder AAAPG

[email protected]

 


1/13/2014

Miami Herald

See our letter on the editorial page of the Miami Herald today