“There is plenty of it going on in New Mexico but records are sealed here, and families gag ordered and made to sign no-sue agreements once the guardianship/conservatorship is over,” she wrote. Her group’s Facebook page lists nearly 350 elder guardianship horror stories from just about every state in the union.
From Austin, Kelley Smoot Garrett also wrote about New Mexico’s system and the arrogance displayed by the court.
“In NM’s 2nd Judicial District Court,” she said, “The judges … ALWAYS favor their court-appointees and never listen to the families or the elderly because they are too busy allowing the ‘incapacitated’ person’s property to be sold off – frequently without the appropriate court-order in place – for pennies on the dollar.”
There is no way for me to confirm judicial misconduct in sealed cases, but the sheer volume of complaints is staggering. They highlight citizen’s attitudes about the way the legal system has taken laws designed to help the elderly and twisted them to insure continued employment for judges, lawyers, court-appointed guardians, social workers and those who own or staff elder care homes.
And it is, conveniently, paid for out of the estates of the elderly.
“My mother has been shanghaied into a nursing home, drugged, assets disbursed,” a woman named Frania wrote from Baltimore, Md. “The guardian of (Mom’s) property is like God. And the judge is cocky, completely confident, arrogant (and) does exactly what she wants knowing nothing will happen to her.”
“For profit guardian/ conservatorship is now a big business with massive power. The elderly are being denied their civil rights and due process,” he said.
“Their estates and legacies are being looted. … Family members are slandered, libeled, vilified and driven into bankruptcy while trying to save their loved ones from this exploitation.”