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Location:
United States
Work:
National Association to STOP Guardian Abuse was founded by victims and for victims of unlawful and abusive guardianship and conservatorship cases
Quote:
Guardianship/Conservatorship is Bad for your health and wealth!

My Journals (8)

On this day, we pause to honor our nation's Veterans - the brave men and women who have served our country, past and present.  We marvel at the depth of their sacrifices and height of their great accomplishments.  We owe them our unwavering appreciation.

Our Veterans of past wars are aging.  Many Veterans of our present war have been disabled, some totally. NASGA's focus is on those Veterans whose youth or strength have gone and those suffering from mental disability who may now find themselves recipients of unlawful or abusive guardianships as a result of their vulnerability.

Gary E. Harvey served in the Army as a Special Forces Ranger during the Vietnam War.  He was honored with a National Service Defense Medal and as an expert M16 rifleman.  He was honorably discharged in 1971.  Over three years ago, after surviving a serious injury, he became a ward of the state. Chemung County was appointed as his guardian.

He has been institutionalized ever since - even though his wife pleads to be allowed to take him home and care for him.  All medical decisions, including those of life and death, are made by strangers - instead of Mr. Harvey's wife. His wife is only allowed to visit himon a strict schedule - and always "under guard."  She recently learned even supervised visitation is in jeopardy; she may not get to see her husband at all. She is not given timely and complete medical information regarding Mr. Harvey's condition and is not allowed to view his medical records.  In effect, the county has "divorced" the previously happy couple.

This spring, the County attempted to terminate Gary Harvey's life, putting him on DNR status and removing his feeding tube, in effect to kill him by starvation and dehydration.  Mrs. Harvey was informed of the deciison, and when she asked for her husband's medical records and for a second opinion, her request was denied.

She then took her husband's plight to the court of public opinion:  the medial.  Her husband rallied and the County was forced to relingquish. SHe saved her husband's life but has been unable to change his circumstances.

He remaqins under th econtrol of the very people who attempted to end his life. All she wants to do is bring her husband home where he can spend his final days in the comfort of familiar surroundings with the love of his wife and friends. But the County won't allow it.

Why?

Today, NASGA asks that you remember and pray for Gary E. Harvey and the other Gary Harveys who suffer the same nightmare.

Pray for Gary Harvey's life, his wife's strength, and for justice to prevail.

Added: November 11, 2009
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On October 20, 2009, the Eufaula Tribune reported that out-of-town developers closed a deal on the “former Walker properties,” planning a 40-unit apartment complex for low-income residents.

The limited details of the transaction, as reported in the article, are very troubling. \ [1] / 

Look at this astounding timeline:

9/25/09 - Eufaula, Alabama resident Henry David Walker, Jr. (37) was arrested and incarcerated for failing to appear in response to a traffic violation.

A petition, filed by local attorney Courtney Potthoff, requesting appointment of an "emergency guardian and special conservator" was approved by Barbour County Probate Judge Nancy Robertson in order to "bring the real estate deal to fruition."  Walker did not appear at the purported hearing.

9/28/09 - Barbour County Sheriff LeRoy Upshaw was appointed as "emergency" guardian/special conservator.

9/29/09 - While Walker was incarcerated the Sheriff sold his real property to the out-of-town developer.  

HIS PROPERTY WAS SOLD WITHIN FOUR DAYS OF HIS INCARCERATION ON A TRAFFIC CHARGE!

NASGA questions, as should the citizens of Eufaula, whether Walker's rights were protected and where he is now.  NASGA wrote Judge Robertson and inquired as to Walker’s current whereabouts:  no response.

Emergency guardianships are designed to protect vulnerable/incapacitated people in cases of real emergencies where they are a potential danger to themselves or others.  Mr. Walker was incarcerated.  NASGA questions: 

 
 
What danger was Henry Walker to himself or others when he was incarcerated?   
 
 
What was the rush to sell his property?
 
 
Where is Mr. Walker now?
 
 
How were his rights protected?
 
 
Was he examined for mental incapacitation? 
 
 
Why wasn’t he at the hearing?
 
 
Where is his personal property?

Just as important:  who is investigating the seemingly suspicious relationship of the parties involved in Mr. Walker’s “emergency” guardianship?

The complete facts of this case are not known but what we are told via the 10/20 article cries out for total transparency and accountability.  Since "protective statutes" are promulgated in the public interest, the court proceedings should be available on line.

The citizens of Eufaula need someone to answer these questions.

For more information on unlawful and abusive guardianships / conservatorships, visit NASGA at www.StopGuardianAbuse.org & http://NASGA-StopGuardianAbuse.blogspot.com.





[1] Eufaula Tribune, Sheriff Closes Deerfield Sale:  Highland Property Owner Incarcerated and Incapacitated, by    Ed Trainor, 10/20/09, http://www2.eufaulatribune.com/euf/news/local/article/sheriff_closes_deerfield_sale_highland_property_owner_incarcerated_and_inca/101848/

 

 

 

 

 

 

 

 

 

Added: November 9, 2009
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On this traditional day when we celebrate our independence, NASGA brings to public attention the plight of many of our nation’s most vulnerable citizens  - the elderly and disabled (including disabled or elderly Veterans) - who have lost their independence through a legal process known as  guardianship or conservatorship.

"Wards of the State" are stripped of all their civil rights and liberties in the name of “protection.”   Many are forced into nursing homes, drugged, and isolated from family and friends.  Everything they have worked a lifetime to attain is taken from them to pay administrative and legal fees for their court-ordered “protectors.” Some die premature deaths.  Others spend what should be their golden years in misery and suffering.  Families struggling in vain to save their loved ones from this nightmare are broken, emotionally and financially.

If America is truly the land of the free, it must protect its vulnerable citizens from incarceration against their will for the monetary benefit of those who prey on the weak and defenseless, as well as those who enable this type of plunder.

NASGA is a civil rights organization comprised of victims of guardianship/conservatorship and their families working to expose and end unlawful and abusive life-ending incarceration. 
 

For more information on unlawful and abusive guardianships/conservatorships, visit NASGA’s website at http://www.StopGuardianAbuse.org and the NASGA blog at http://NASGA-StopGuardianAbuse.blogspot.com .

 

 

Added: July 3, 2009
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NASGA is a civil rights organization comprised of victims and families working to expose and end unlawful and abusive guardianships/conservatorships. 
 
It is fitting that on this day of global recognition, NASGA brings to public attention a shocking truth:   elderly and/or disabled and vulnerable people are often abused – physically and financially - by their court-appointed “protectors.”  The abuse is enabled under color of law by uncaring or corrupt courts presiding over guardianship/conservatorship cases.

Unlawful and abusive guardianships constitute elder abuse at its worst.
 
Guardianship wards are often isolated from family and friends and forcibly removed from their homes to nursing homes where they die prematurely, alone and afraid; completely unaware of their families’ constant struggle – almost always in vain - to free them. The court-appointed fiduciaries and their lawyers engage in dissipating their victims’ assets by exorbitant and/or fraudulent billing, leaving them indigent, to ultimately become a burden on the US taxpayers under Medicaid – quite contrary to the intent of the “protective” statutes.

Many families go to the Office of the Attorney General for help - only to be turned away because the abuse has been court sanctioned.

Americans should be outraged by this public sanctioning of abuse. NASGA calls for  legislative reform to stop this insidious crime foisted upon our most vulnerable citizens - the elderly and disabled – by misapplication and misuse of law actually intended to protect them.

For more information on unlawful and abusive guardianships/conservatorships, visit NASGA’s website at
http://www.StopGuardianAbuse.org   and the NASGA blog at http://NASGA-StopGuardianAbuse.blogspot.com .
For more information contact:
Annie McKenna
info@StopGuardianAbuse.org
Added: June 15, 2009
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NASGA is a civil rights organization comprised of victims and families working to expose and end unlawful and abusive guardianships/conservatorships. 
 
It is fitting that on this day of global recognition, NASGA brings to public attention a shocking truth:   elderly and/or disabled and vulnerable people are often abused – physically and financially - by their court-appointed “protectors.”  The abuse is enabled under color of law by uncaring or corrupt courts presiding over guardianship/conservatorship cases.

Unlawful and abusive guardianships constitute elder abuse at its worst.
 
Guardianship wards are often isolated from family and friends and forcibly removed from their homes to nursing homes where they die prematurely, alone and afraid; completely unaware of their families’ constant struggle – almost always in vain - to free them. The court-appointed fiduciaries and their lawyers engage in dissipating their victims’ assets by exorbitant and/or fraudulent billing, leaving them indigent, to ultimately become a burden on the US taxpayers under Medicaid – quite contrary to the intent of the “protective” statutes.

Many families go to the Office of the Attorney General for help - only to be turned away because the abuse has been court sanctioned.

Americans should be outraged by this public sanctioning of abuse. NASGA calls for  legislative reform to stop this insidious crime foisted upon our most vulnerable citizens - the elderly and disabled – by misapplication and misuse of law actually intended to protect them.

For more information on unlawful and abusive guardianships/conservatorships, visit NASGA’s website at
http://www.StopGuardianAbuse.org   and the NASGA blog at http://NASGA-StopGuardianAbuse.blogspot .com . 

###
For more information contact:
Annie McKenna
info@StopGuardianAbuse.org
Added: June 15, 2009
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And Be Warned!!!


Over 30,000 Americans have been injured to date during the current war on terror - a war that may continue for years. Many have returned to service but others have been disabled, some very severely.

Our heroes of past wars also fall victim to unlawful and abusive guardianship / conservatorship, either as a result of disability or advanced age.  The numbers continue to grow.

The pirates target our young disabled Veterans - lured by their veteran’s benefits, disability pensions, and now even their Social Security benefits.   Our aging Veterans are even more tempting - perhaps they have well-managed, nice-sized estates to go with their pensions. 

After years of service and sacrifice to our country, is this what our Veterans have to look forward to?  Denied the very rights and liberties they fought for?  Confined in nursing homes, left to languish, receiving perhaps just a pittance for their personal use from their guardians?

Supporting the troops and our fallen heroes should mean supporting them not only when we need them - but also when they need us.  And they need us fighting for them when they become vulnerable.

NASGA is a civil rights organization comprised of victims and families working to expose and end unlawful and abusive guardianships/conservatorships. 

For more information on unlawful and abusive guardianships/conservatorships, visit NASGA’s website at  http://www.StopGuardianAbuse.org and the NASGA blog at http://NASGA-StopGuardianAbuse.blogspot.com.




 

Added: May 25, 2009
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In this month dedicated to older Americans, NASGA focuses attention on an ironic form of abuse perpetrated on our elderly and vulnerable citizens by uncaring or corrupt judges: 

A frequent complaint from our members regarding judicially-directed guardianships / conservatorships is that Durable Powers of Attorneys and other advance directives are frequently ignored: the issue is not raised by court or counsel; and no evidentiary hearings are held regarding execution and validity. Note:  A properly executed Durable Power of Attorney would obviate the need for "protective" proceedings, or be sufficient grounds for dismissal of any such proceedings previously initiated.

Consequently, persons who have taken every legal step possible to protect themselves in their old age, do not have peace of mind and assurance that their wishes will be followed and that they won’t fall under the control of complete strangers appointed by the court instead; strangers who are given control over every aspect of their lives and property, with very little or no monitoring/oversight.

NASGA recommends videotaping of the signing and execution of a Durable Power of Attorney, Last Will and Testament, Trust documents and other advance directives, to prove validity of the document if challenged.  Discussion should also be had with the drafting attorney to assure that should a guardianship issue arise in future, that he/she will testify in court as to the execution and validity of the document(s).


For more information on unlawful and abusive guardianships/conservatorships, visit NASGA’s website at http://www.StopGuardianAbuse.org and the NASGA blog at
http://NASGA-StopGuardianAbuse.blogspot.com .

 

Added: May 3, 2009
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NASGA is a civil rights organization comprised of victims and families working to expose and end unlawful and abusive guardianships/conservatorships. NASGA advocates for protection – physical and financial - of wards and their families –through education and outreach.

NASGA strenuously objects to SB1718 / HB5117:
 
1.   Increasing the filing fee for guardianship of an elderly or disabled adult from $1,000 to $5,000 would virtually eliminate family in a protective role as guardian; thereby subjecting innocent and vulnerable wards to control by strangers” and subjecting them to the increased possibility, and likely probability, of guardianship abuse – in a state heavily populated by Senior Citizens – and one in which the courts are known to be uncaring or disinterested in the rights of the vulnerable elderly.
 
2.   The monetary burden of the proposed increased fee will come from the ward’s estate. The law requires that the estate assets be conserved and prudently invested.
 
3.    NASGA advocates that the ward’s estate should be used primarily for that purpose rather than legal and/or administrative fees.
 
NASGA says “NO” to SB1718 HB5117.
 
For more information on unlawful and abusive guardianships/conservatorships, visit NASGA’s website at  http://www.StopGuardianAbuse.org and the NASGA blog at  http://NASGA-StopGuardianAbuse.blogspot.com
 
Added: April 26, 2009
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