Kootenai County Human Rights & Elder Abuse Research
Table & Diagram: Poly-victimization, Fiduciary or Government Paid Positions of Authority and Conflicts of Interest in Clandestine Predatory Geriatric Service Networks.
Poly-victimization of Elderly: Conflict-of-Interest Status Que Conceals Abuse, Negligence, and Exploitation by Professionals Acting in Collusion (all following matters can be testable via prima faci facts & verifiable evidence).
|ESTATE OR GOVERNMENT PAID POSITION OF AUTHORITY||PROFESSIONAL, CIVIL PROCEDURE, TEDRA & LEGAL ETHICS CONFLICTS OF INTERESTS|
|Primary Care Provider or Caregiver||Conflicts and elder abuse & exploitation arises when the elder’s primary care provider is also in any or all of these roles of authority; the Power of Attorney (PoA), Trustee, Advanced Directive Agent, Joint Bank Account(s) Holder, landlord & coordinates meetings with the senior’s attorney(s) for estate documents signings for the care providers benefit. Home-care provider uses tactic undue influence strategies, gas-lighting, isolation from seniors trusted acquaintances and conceals vital information from their dependent parent or significant partner they are caring for. Maleficent primary care providers and those assisting them can engage in menacing defamation campaigns, threats, harassment and menacing behaviors towards those whom legitimately try to protect the vulnerable person. These personality disordered types often don’t follow State Statutes or court mediated agreements. They me even try to have their attorney or the Alleged Incapacitated Persons (AIP) attorney place a no-contact order on those they feel are a threat to their role of Authority over the AIP. Unscrupulous professionals prefer predatory primary care providers because this is a crucial enforcer position over the vulnerable person or dependent senior, thus allowing all in the organized elder abuse networks to profit through exploitation and collusion-aligned cover-up schemes.|
|AIP/Vulnerable Person’s Estate Planning Attorney||Professional conflicts and model rules violations arise when the Estate Planning Attorney with a case history of exploiting elderly clients and concealing materiel facts to regional courts is also the Alleged Incapacitated Person’s (AIP) Limited Financial Power of Attorney, Scrivener of home-care provider’s PoA and the seniors Living Trust adviser. Compounding conflicts of interest occur when the Estate Planner is also the covert counsel to the family care-provider or outside council to the for-profit Conservator or Guardian. A seniors, AIP’s or Ward’s attorney makes substantially more money when drafting dubious living trusts, PoAs or conceals assets to intentionally create family conflict and just cause for litigation, This often necessitates a perceived need for guardianship/conservatorships (G-C) as a means to railroad the vulnerable person into the attorney’s aligned network of professionals whom offer these for profit services. The estate planning attorney/elder law attorney remains as council and often secures monthly residual fees for the duration of G-C, which is almost always to the Wards death and a time they can receive additional estate payoff in the final distribution of the estate. “Critics say these professionals often play one side of the family against the other,” When estate planning attorneys draft illicit living trust documents allowing beneficiaries to transfer themselves the seniors assets or uncharacteristically favoring exploitative caretakers whom restrict family access to the senior or disinheriting grandchildren to favor the home caregiver financially. These circumstances cause substantial psychological and financial abuse for both the trust drafting attorney’s memory-challenged elderly client and family members. Under Uniform Power of Attorney code it is also considered elder exploitation, fraudulent transfers, model rules violations and unjust enrichment. Despite these violations and Unconscionability in the Law of Trusts these exploitative circumstances happen frequently and too many probate court judges knowingly allow this illegal conduct and accompanying elder abuse. When a AIP’s attorney blurs or crosses the line and drafts estate documents facilitating substantial estate asset transfers to the primary caregiver this is a hallmark sign of undue influence at play. Aiding and abetting and conspiracy claims are born out of criminal law. They lead to liability for attorneys who help their clients to commit some kind of crime against a third party. This usually involves a lawyer helping their client commit fraud or some type of financial crime against a third party.|
|Estate Planning Attorney’s Consulting Attorney(s)/Primary Caregivers Attorney||Professional conflicts arise when when the primary estate planning attorney plans an estate take over and retains an additional consulting attorney for the primary caregiver for future litigation after the PoAs begin transferring themselves the psychically disabled and cognitively impaired seniors assets. This may occur early in the Estate Planning process and the initially retained consultant attorney becomes the exploitative home-care provider’s/PoA’s attorney in anticipation of tactically orchestrated family conflict through unethical estate drafting & asset transfers to the primary caregiver/PoA/Fiduciary/landlord. The care-providers multiple roles of authority and control over the senior enabled the care-provider to gain full decision making for the AIP/Ward, typically through isolation of the dependent senior, illicit estate documents and tactic undue influence strategies. The consulting/home caregivers attorney has built their law practice to be well connected in the region to an aligned network of third party court visitors company’s, for profit G-Cs, primary care physicians and the probate judge. When these practices effect multiple seniors in the same judicial district it becomes a risk to the elder community and their families in that county. This is particularly true when Prosecutors and law enforcement breach public trust by incorrectly viewing or maintaining policies that categorizes criminal elder exploitation as civil matters. When a primary care providers attorney assist in the omission of materiel facts in financial discovery this are far more than civil matters. t’s becoming more and more of an issue among law professionals when it comes to facing third-party liability claims in aiding their clients in a venture that is looked at as mounting to a breach of fiduciary duty. This is known as civil aiding and abetting and civil conspiracy.|
|Family Fiduciaries||Conflicts of interest among family fiduciaries lays foundation for exploitation and litigation. This is particularly true when a “post seniors memory-impairments and dependency” Living Trust is ineptly drafted to illicitly transfer assets or contrary to IRS/ uniform code best practices, contains voidable provisions or an existing estate plan is already in place to avoid probate. As an example the creation of a majority-ruled revocable trust where trustees are beneficiaries and vote to pass themselves assets of the elders estate or interplay with the seniors Will are voidable. IRS considered this gifting and subject to high taxes and exploitative of the benefactor or elder trust grantors estate. Unethical estate planners have actually created such Living Trust as a fraudulent pretext to transfer assets and change Wills. These mock living trust are not funded but used as a documents scheme to fool elders and other family members to transfer the vulnerable persons estate assets to predatory benefactors, Family fiduciaries are generally a bad idea when an authoritarian family home care provider is involved controlling the disabled and dependent elderly person and using Trusts, joint accounts, PoAs and working with the seniors estate planning attorney to pass themselves the seniors assets. This is considered unjust enrichment among other violations because undue influence, fraud and abuse is often involved.|
|Primary Care Doctor||Professional conflicts occur when an psychologically, physically abusive or exploitative primary caregiver changes the elder or alleged incapacitated persons (AIP) primary care physician (PCP). Often a persons PCP is the front line deference against clandestine abusive tactics such as undue influence and they are aware of the health circumstances, dependencies and vulnerabilities. If a new primary caregiver changes the PCP shortly after resuming their role over the persons care, gains authority over the vulnerable persons decision making via estate documents such as PoAs, advanced directives and other matters this is a substantial read flag indicator of potential abuse and exploitation. If the new PCP doesn’t follow previous doctors health recommendations and conceals health and neurocognitive related matters in Court ordered physician evaluations this is a Board of Medicine violation and may be considered fraudulent concealment/fraud by omission by the Court. In some cases dubious PCPs have their physicians assistance fill out physicians evaluations and intentionally conceal material facts.|
|CPA as Conservator||Professional conflicts occur when a family certified professional account represents the AIP and family members. The conflicts become worse when the CPA is in a conservatorship position and one of his family clients breaks court agreements or fiduciary laws to exploit the elderly person whom is also the CPA’s client. In most States a CPA is a required mandatory reporter and by law should report matters concerning elder exploitation. Additionally these matters become even greater conflicts when a secondary conservator retains the initial CPA conservator as the AIP/Wards accountant and all parties are aware of the elder exploitation and financial violations. CPA’s have some of the most stringent ethics rules out of most financial professions.|
|For-profit Conservator, Trustee Management Company or Professional Personal Representative||Professional conflicts occur when exploitative for-profit conservatorship firms appointed by the court or attorneys gain control of the elderly or vulnerable persons financial affairs. Conservatorship abuse is a is a national crises and has been for decades . The toxic conservatorships are further compounded when they knowingly retain psychologicaly abusive and exploitative primary care providers, compromised estate planning fiduciaries as vendors and the same behaviors that necessitated the court appointing the conservatorship in the first place continues. It is shocking a probate judge allows this put it happens. Associated organizations were for-profit Guardian,Conservator or Trustee firms become members, board members or presidents such as State Bar associations, planned giving, endowments, estate planning councils, accounting and related geriatric service councils creates a veneer of credibility for future clients and the courts. In the circumstances of predatory or toxic conservatorships these “on the surface” organizational memberships are used to discredit family or friends of the vulnerable person whom have legitimate verifiable grievances and evidence of the Conservators repeated fiduciary breaches or wrong doing. These membership are also effective intimidation positions for opposing council especially if the State Bar pressures their other Bar licensed members due to the ranking members influence within the State Bar leadership roles. These board positions can be leveraged to create bias and sabotage the judicial process when repeating wrong doing and intimidation is involved.|
|For-profit Guardian or G-C Firm||Professional conflicts occur when guardians or conservators receive referrals from their preferred or standardized network attorneys as well as state licensed LSW workers whom work within health care facilities or hospitals. This would include estate planning attorneys who are are part of these referral networks whom may be helping the primary caregiver conceal materiel facts in Discovery or other state regulated vulnerable person violations. The problem is substantially compounded when Center for Medicare and Medicaid (CMS) funded hospitals employ LSW patient advocates whom also run side G-C court visitor companies and refer elderly protective clients to specif estate planning/elder law attorneys or particular G-C companies or elder care facilities. Moreover, if any of these businesses are the probate courts go to or default solution their is incentive to provide repeating referrals and even cover-ups of abuse, exploitation or negligence thereby in violation of Federal Acts and State mandatory reporting Statutes. Since many of these geriatric service providers are paid from the same elderly persons estate they are incentivized to protect one another and conceal materiel facts of abuse, negligence or exploitation. Some may even assist in concealing materiel facts in court reports, evaluations and tactically time civil procedure reporting that fail to meet Court statutory deadlines. When the probate court appoints these officers of the Court their failure to disclose conflicts and materiel facts taint the judicial machinery to the point of fraud upon the court and jeopardize the life of the elderly person. When these circumstances repeatedly occur an organized criminal enterprise may be involved. Like Judges, even culpable for-profit guardians & conservators almost always have criminal immunity. The more evidence the legitimate protector’s of the vulnerable person discovers on those professionals being paid from the elder’s estate, the more the predatory networks band together to protect one another.|
|Guardian Ad Litem||Professional conflicts occur when a Guardian Ad Litem attorney or state licensed social worker aligns themselves with the objectives of an abusive primary caregivers’s attorney and the AIP’s unscrupulous estate planning attorney or legal counsel. A county plagued by a networked probate system that is dominated by aligned professionals working together to unjustly profit from the elder’s estates and G-C litigation will motion to remove any Guardian Ad Litem (GaL) or Primary Care Physician (PCP) who won’t write their evaluative court reports to exclude material facts of abuse, negligence or exploitation negative to their primary caregiver client and thus, rig the third-party evaluations for their favor. The same illicit practices also occurs in child custody battles. In reality the best interests of the vulnerable person are not the objective; winning the case and legally trafficking the child or elderly person into their established for-profit network of associated professionals is. These corrupt practices are a substantial risk to vulnerable persons and the entire community. Unscrupulous professional alignments pose a grave threat to a regions legal, social services & healthcare systems, however this is how some professionals build their practices and ensure reoccurring business profits.|
|Court Visitor (State Licensed Social Workers) & Hospital LSW Patient Advocates||Professional conflicts occur when state licensed social workers engage in dual roles and other ethical violations of their state occupational boards and National Association of Social Workers Code of Ethics. When state licensed social workers also work as patient advocates at CMS funded Hospitals while operating side business in court, attorney and G-C support services such as court appointed visitor businesses whom refer elderly patients to specific elder law/estate planning attorneys, guardians or conservators whom have a track record for exploiting elderly estates. These coordinated circumstances present a problem for the county courts and elderly community. This was and still maybe common practice in certain Inland Northwest healthcare district(s). The conflicts are compounded when the county Probate court uses such firms as their default choice in appointing for profit court visitors, guardians or conservators all of whom are being paid from the elders estate and therefor have an aligned interest to transfer themselves the elders assets through fees, estate, property sales, and other means. Similar events like this occurred in Clark County, Nevada the AG’s office laid the ground work that defining aided in organized elder exploitation & RICO circumstances relevant to a criminal enterprise: “…. (defendants) knowingly, willfully and feloniously, while employed by or associated with an enterprise, conduct or participate either directly or indirectly, in racketeering activity through the affairs of said enterprise, and/or in the affairs of the enterprise through racketeering activity.” Moreover when unscrupulous law professional and exploitative primary caregivers use these affiliated patient advocacy services both in the hospital and in court litigation it constitutes several federal and statue violations. In some instances the patient advocates aided in banning family visitation with in the hospital, while hospital receptionists provided false information to families on HIPAA hospital visitation policies contrary to C.F.R regulations, were named as court visitor in court motions, were then removed due to conflicts of interest but then reinstated by the exploitative caregivers attorney. At the time the one of the patient advocates/court visitor company owner was also President of the County Guardianship Board. These events occurred at the same time the AIP’s Hospital affiliated Primary Care Physician and their physician’s assistant was concealing materiel facts in the probate court’s required physician evaluations on the seniors health. These are medical board and physician assistant violations and these matters provide an illustrative example of how geriatric services providers for the elderly in both medical and law work in-concert to conceal materiel facts of abuse, exploitation or negligence instead of making Federal and State mandated reporter statements to APS, healthcare agencies or law enforcement.|
|Neurocognitive Evaluating Psychologist||Professional conflicts occur when the AIP’s estate planning attorney coordinates with “in network” neurocognitive evaluating psychologists and the seniors primary care-giver drives the senior to the appointment, coaches them on responses just prior to living trust or will signings transferring substantial assets to the primary care provider/PoA. The influence is even more extreme when the estate planning or care provider remains present in the psychologists interview with the elder person. Hospital affiliated neurocognitive Psychiatrist(s) confirming that memory impaired vulnerable elderly persons are being brought to their clinic for neurocognitive evaluations by primary care-providers coordinating with estate planning attorneys and asked to perform estate signing neurocognitive evaluations without medical records (review neurocognitive evaluations guidelines: ABA/APA Assessment of Capacity in Older Adults For Psychologists pg. 34 “Reviewing the Records).|
|Petitioner/Authentic Protectors Attorney(s)||Professional conflicts occur in high conflict vulnerable person litigation when the Petitioner/authentic protector’s attorney(s) careers, reputation among peers or standing with the probate judge are threatened by opposing council (or indirectly through their opposing council commissioners in the State Bar). The authentic protectors attorney(s) will not place their practice and its standing in the legal community ahead of their clients even when their client is acting in the best interests of the exploited vulnerable person. When an attorney’s client is advocating for the protection of an exploited or psychologically abused elder this complicates matters particularly when the seniors attorney is in practice advocating for the exploitative primary caregiver. The judicial system is easily manipulated by legal pros when their are predatory networks receiving fees from the senior estate and aligned against family or friends trying to protect the vulnerable person. Defamation, harassment, fraud in procurement and fraud by omission are common tactics used to drive off legitimate protectors and their attorneys. If sufficient incentives are offered or the association in fact network pose a threat to the legitimate protectors attorney they may sabotage their own clients case. This can be done by not returning calls, filling weak motions, missing deadlines, failing to apply statutes to motions, failing to follow up on omissions in Discovery, pressuring clients to unacceptable agreements by predatory attorneys, failure to enforce opposing & 3rd parties to follow model rules or rules of civil procedure, referrals to inept accountants or other third parties, and even throwing cases they could have easily won for their clients based on concealing medical or financial Discovery facts.|
|Hospital or Elder Care Facility||Professional conflicts data when private or federally subsidized Hospital’s or Elder Care Facility’s fail to police their staff and multiple C.F.R., U.S.C, health insurance, state and many federal acts protecting seniors and vulnerable persons occur.|
|Home Care Service Provider Corporation||Professional conflicts occur when large home-care service conglomeration with a track record of Medicare and Medicaid fraud create regional limited liability companies that service exploitative or psychologically abusive primary caregivers attending to seniors.|
|Certified Public Accountant as Certified Fraud Examiner (CFE)||Professional conflicts occur in high conflict vulnerable person litigation when the Petitioner/authentic protector’s retains a Certified Fraud Examiner (CFE) and the primary caregiver’s and their attorney intentionally omits materiel facts in financial Discovery and the CFE refuses to confirm this in a report to a client. When multiple badges of fraud, fraudulent intent is present and multiple professional are operating in-concert to illicitly transfer a seniors estate for unjust or criminal profiteering and the contracted and CFE is unwilling to produce a report exhibit for the court this is also fraud by omission among other U.C.C & CPA violations. CPA’s owe a duty to thier clients hom retain them for a partucular skill set when they act Unscrupulously due to fear that reporting on other county professionals may jeopardize future business, reputation among peers or standing with the probate judge they should not be servicesing client in fraud investigations. When CFE’s become aware that multiple professional in their county are engaged in repeating criminal violations they need to inform the county prosecutor as set forth by their professional ethics guidelines, state statutes and federal acts legislated to protect senior citizens, Unfortunately, like the authentic protectors attorney(s) the CFE will not place their practice and its standing in the legal community ahead of their clients.|
|Broker, Investment or Wealth Manager||Professional conflicts occur when brokers, wealth managers, trustees and investment fiduciaries violate their securities licence, FINRA, FINcen and S.E.C laws to name a few. Financial elder abuse occurs when a victim is exploited because of vulnerabilities associated with age such as impaired mental capacity and/or a simple lack of understanding and investment managers know this. Most investment managers and brokers know this because they are heavily regulated and mandatory reporters in many states. However they work around these regulatory mechanism by cutting mutually benefiting profiteering schemes with the seniors expletive primary care provider, attorney or Guardian or Conservator. Unscrupulous financial professionals may often co-mingle senior investment assets in omnibus accounts or investment ponzi schemes. These activities are criminal however abuse is so widespread with virtually no oversight even when reported to prosecutors, State AGs or probate judges, so these practices have become standardized. The FBI or DOJ only investigates when their are many victims and billions of dollars stolen. Investment News: With $84 trillion wealth transfer coming, advisers should be licking their chops.|
|Banking Institution||Professional conflicts occur when banks stray from mandatory reporting elder exploitation, FINcen, the Bank Secrecy Act, Trust Institution Act or other regulatory state and federal banking, fraud and money laundering laws. Too often a Banks investment division manager or client accountant is complicit i banking or document schemes or other mechanisms to illicitly transfer, conceal assets engage on dubious acts with the family POA/fiduciaries/Conservator/Estate’s Personal Representative during the life of the at risk senior at final estate transfer from an unaware elderly client or vulnerable person or postmortem former client.|
|Estate’s Personal Representative (Executor)||Professional conflicts occur when a for-profit conservator of exploitative estate fiduciary is also the seniors Personal Representative. This is particularly true when all these individuals are not bonded. The Court of Appeals for the Second Circuit recently ruled that RICO claims can be brought in connection with unlawful activities by an executor or personal representative of an estate. King v. Wang, 2016, U.S. App. Lexis 15753 (2nd Cir. 2016): “….Defendants engaged in an “ambitious scheme . . . designed to change C.C. Wang’s financial affairs and long standing estate plan” in order to facilitate the diversion of family assets away from Plaintiffs and into Defendants’ hands. (Compl. 46, 154-57, 179.)”|
|Realtors and Estate Servicing Construction Contractors||Professional conflicts occur when real estate agents or estate servicing contractors abuse their position of trust, engage in forgery, exploitation or extortion. As an example: in a notorious predatory network spanning multiple northwest USA counties, one for-profit guardians-attorney’s partner, a conflicted murderer ran an estate services business whom performed repairs on the attorney-guardian elderly clients properties. The estate services form charged excessive fees and billings were orchestrated to be late so the attorney-guardian could force on the properties or guardianship on unsuspecting seniors. Family and friends of the seniors whom tried to help were ran out of state or the guardian worked with complicit judges to have restraining orders file against the persons whom tried to protect the seniors or vulnerable persons. Predatory professional typically deal with their preferred realtors to help sell the exploited seniors homes.|
|Probate Magistrates/Judges & Overseeing Judicial Councils||Professional conflicts and Canon violations arise when the assigned official of the court overseeing and ruling on facts, precedents and laws related to specific events within a properly filed litigation repeatedly fails to enforce rules of civil procedure, model rules, statutes, mediated agreements, uniform and statutory code. When this consistently occurs the magistrate has violated their duty of trust and public or judicial office. Since elder exploitation matters are dismissed by police and prosecutors as civil matters, typically the only person able to mitigate legal health and public safety matters of grave concern for the marginalized elderlyand vulnerable person community is the Probate Judge. Probate Judge’s prefer that families work out their disagreements; including verifiable criminal matters or for the third-party evaluators such as court visitors, primary care physicians, psychological evaluations and Guardian ad ltems to make their decisions for them. In incompetent venues or corrupted regions were the third party’s are “weaponized for profit” the professionals are often paid by the seniors estate and align themselves in the litigation process through concealing misdemeanor or prima facie criminal violations at the behest of an exploitative caregiver’s attorney or the AIP’s own attorney. Entire regional court systems have become more compromised particularly in the area of G-C procedures, estate planning and elder law concerning elder exploitation where judicial procedures are irreparably tainted by allowing repeating fraud upon the court, breached ADR mediation, facilitating concealment/fraud by omission of materiel facts by court appointed third parties and perjury. Magistrates fear of being ostracized by legal or influential civic peers and enticed by political or financial inducements are becoming standardized miscarriages of justice. Once champions for the vulnerable probate judges have lost control of their courts to attorneys whom have abandoned the model rules, became apathetic, apply or dismiss the rules of civil procedure to favor unethical lawyers or buy into off the record “special circumstances” or hallway “off the record” meeting agreements that favor their preferred party and thus deviate from judicial protocols. In other words bad probate court judges consistently abuse their discretion and oath of office.|
|Prosecutor, District Attorney & Law Enforcement||Professional conflicts occur when civic employees in law enforcement roles and positions of public trust are also Trustees on private trusts, actively engaged in vulnerable person estate exploitation or knowingly refuse to investigate system wide criminal matters involving embezzlement, statutory vulnerable person violations and related public safety concerns in their judicial district. This also applies to police departments. These endemic circumstances are particularly alarming when police and district attorney’s phone receptionists and gate keepers are directed to treat elder abuse, negligence and exploitation events as civil matters even when their is county-wide prima facie evidence of criminal fraud and vulnerable person exploitation. The predatory networks of professionals engaged in repeating acts of elder exploitation of multiple clients know their judicial districts prosecutors and police will do nothing to stop the tsunami of elder exploitation and this further emboldens them and explains why they exploit seniors so brazenly.|
|Alternative Dispute Resolution (ADR), TEDRA, Mediators & Facilitation of Criminal Enterprises||Professional conflicts occur when offending parties whom are responsible for the abuse, negligence and exploitation of vulnerable persons intentionally fail to bargain in good faith or honor prior established mediated agreements which the Probate Court then also fails to enforce. When court required meditation fails due to these reason and mediation was a result of ineptly drafted estate planning or duty to care for the vulnerable person health properly, these matters are not enforced and continue to happen so the offending parties can continue to unjustly enrich themselves then it is a systemic failure of the entire counties Judicial system. That means that all those professionals whom billed “clients” for something that was not only worthless but used as a vehicle to create more litigation, mediation fees, enabled future illicit estate transfers and allowed for the continuation of duty of care violations that could cause the untimely demise of the vulnerable person despite forewarning in attempts to correct in mediation. All these matters are fraud including the court-ordered Alternative Dispute Resolution or Trust and Estate Dispute Resolution Act (TEDRA) procedures. If court ordered mediation or TEDRA which allows parties to come to an agreement that may differ completely from what the settlor intended. TEDRA when abused, can be manipulated to consistently rig outcomes, used as a means to avoid compensating for exploitation or continue exploitative transfers and sales of land or other asset transfers. TEDRA has been criticized in the United States as being too radical. When manipulated ADR and related mechanisms such as TEDRA negatively affects multiple vulnerable persons within a particular Judicial district via knowingly rigged processes, organized elder exploitation schemes and premeditated processes that fosters reoccurring fraudulent transfers this could also be considered components of a criminal enterprise. This becomes more evident when combined with other illicit estate planning tactics, fraud, the capacity of the seniors to understand complicated estate transferring mechanisms that deviant from their long established wishes to unjustly enrich primary caregiver(s), short & long term consequences of inetionaly obfuscated trust drafting and ADR/TEDRA, undue influence of the grantor/other trustees and professionals working in collusion. If data gathered through ABA (WINGS), ACL (WINGS) , other federal/state grant funded court monitors/programs is non-manipulated, not whitewashed and can remain accurate, then the States Attorney General office and State Bar would likely, or be required to be aware, that ADR and TEDRA is consistently being used as a means to forego violating parties accountability fot criminal acts or rig civil procedures concerning criminal conduct, cover-ups past exploitation or aid in the facilitation of financially large estate transfers through illicit Trusts, undue influence and coordinated exploitation of vulnerable persons. Premeditated actions that includes predatory professional affiliations, intentional corruption of civil procedures and organized cover-ups at institutional levels.|
|County Guardianship Boards||Professional conflicts occur when county guardianship board members or presidents repeatedly operate in concert with specific elder law or G-C attorneys with a track record of charging their disabled clients high fees and liquidating elderly or vulnerable person estates. When state social workers and their businesses are also guardianship board members or Presidents and function in multiple roles were potential conflicts arise it may present ethical violations of their state occupational boards and National Association of Social Workers Code of Ethics (NASW.) When these circumstances repeat they could presents a risk to the entire community. Furthermore, these conflicts are exasperated when state licensed social workers also work as patient advocates at CMS funded Hospitals while operating side business in court, attorney and G-C support services such as court appointed visitor businesses which refer elderly patients to specific elder law/estate planning attorneys, guardians or conservators whom have a track record for exploiting elderly estates. These coordinated circumstances present a problem for the county courts and elderly community. This was and still maybe common practice in certain Inland Northwest healthcare district(s). The conflicts are compounded when the county Probate court uses such the G-C narods presidents or members as their default choice in appointing for profit court visitors, guardians or conservators when they are being paid from the elders estate and omitting materiel facts in their court reports. This is also becuase court visitor LSW are also being paid the elders assets through fees, estate transfers, property sales, and other means. Moreover, when unscrupulous law professionals and exploitative primary caregivers position state licensed social workers or patient advocacy services in either the hospital to facilitate blocking of patient visits or in court litigation it may constitutes NASW, federal and statue violations if the vulnerable person is subject to abuse, exploitation or negligence by those in positions of their authority. In some instances the if guardianship board members are also patient advocates at a CMS funded hospital and aiding in the banning of family visitation with in that hospital or car facility, providing receptionists false information to families on HIPAAvisitation policies contrary to C.F.R regulations, and named as court visitor in court motions this would be a substantial violations of multiple ethics rules and CFR violations. IF LSW guardian board members court reports occurred at the same time the AIP’s Hospital affiliated Primary Care Physician and their physician’s assistant conceal materiel facts (fraud by omission which invalidates court reports) in the probate court’s required physician evaluations on the seniors health this in-concert activity would also constitute several LSW violations. These are medical board and physician assistant violations and these matters provide an illustrative example of how geriatric services providers for the elderly in both medical and law work in-concert to conceal materiel facts of abuse, exploitation or negligence instead of making Federal and State mandated reporter statements to APS, healthcare agencies or law enforcement.|
|Public Officials. Land/Development Officials & Timber Loggers||Professional conflicts occur when public officials, such as prosecutors are also fiduciaries on private trusts and the settler suffers cognitive decline resulting in multi-year probate litigation. This also includes realtors, land developers and public officials whom unjustly profited through land deals, referrals, gifts or inducements of any kind related to elder exploitation when undue influence was involved. Public corruption is a breach of the public’s trust by government officials who use their public office to obtain personal gain. It is a violation of federal law for any federal, state, or local government official to ask for or receive anything of value in exchange for, or because of, any official act. In Idaho, this includes commissioners, prosecuting attorneys, sheriffs, clerks, assessors, treasurers and coroners. State licensed Loggers and Contractors whom receive profit from clearing or developing a vulnerable person’s land whom fail to provide proper records of natural resources inventory to Dept of Land offices, state tax authorities and IRS are also liable.|
|A) Grant Funded Agencies, B) Endowment Funds, Charities, Political PACs||A) Agency and professional conflicts occur when a federal or state grant funded organization is aware of professional predatory practices, predatory networks in their region and fails to warn the public. This can occure when the agency repeatedly minimizes, whitewashes and covers up the abuses and damages thereby failing to meet C.F.R., U.S. Code and state regulations of the Grant, the State’s written administrative protocols and related public safety policy mitigation duties. B) Organization receiving funds from a predatory for-profit conservators or an estate’s personal representative were funds were procured through abuse, fraud or exploitation are complicit. The same applies to charities and political PACs. For profit conservators can be very generous with a vulnerable persons assets because it gives them clout within their peer network, increases referral contacts & clients to exploit and provides the appearance of credibility which they can promote in their marketing. In some cases APS agencies work with hospitals and higher education and align their donative processes for endowment funding of these institution were the elders pilfered annuities, bank account transfers, stocks and investment portfolios can be transferred into endowments. This could be considered a form of money laundering, especially when the vulnerable persons asserts were obtained through trust schemes or other illicit practices.|
|Health Care Insurance Providers (under Medicaid/Medicare systems)||Professional conflicts occur when primary caregivers, healthcare insurance providers, medical providers, patients, and others who intentionally deceive the health care system to receive unlawful benefits or payments. Through data and information sharing, the Healthcare Fraud Prevention Partnership (HFPP) fosters a proactive approach to combat healthcare fraud, waste, and abuse. Contracted or volunteer primary caregivers who engage in statutory violations concerning duty to care responsibilities such as not following Physicians advise concerning lifestyle matters that could kill the AIP, mixing prescription medications with alcohol, over medicating seniors with pain killers or sleeping aids, not following instruction on medical devices the senior requires, scheduling premature or dangerous elective surges the senior does not want, isolating the senior, causing the elder person psychological distress, and tactic undue influence in estate documents signings to transfer the elders assets to themselves would constitute mental, psychical and financial abuse. The care provider or AIP’s Attorneys, Guardian ad Litems, Primary Care Physicians and their assistants & affiliated CMS funded Hospital and third party court reporters working in concert to aid or conceal these practices may also be directly or indirectly involved health care system fraud. When county courts and hospitals are aware of these matters occurring they may also be complicit, especially when these matters repeatedly occur to those in the elder community in their health or legal district.|
|State Bar||Professional conflicts arise when when a State Bar President or ranking member of a regional State Bar Commission is also a member or inside counsel of a for-profit Conservatorship, professional Trustee Company, investment form or affiliated legal firm that engages in predatory practices. A State Bar president can indirectly influence State Bar member attorneys and potentially probate magistrates, They can also influence other Bar members whom review Bar complaints to dismiss complaints when their for-profit trustee, conservatorship, court appointed third party or associate in when predatory estate planning or legal practice are involved.|
The more cross-industry and multiple authority roles causing conflicts of interest that harm the vulnerable persons in a specific region the greater likelihood there is premeditated organized exploitation, collusion, predatory networks or potentially a criminal enterprise involved. When predatory professionals are so cavalier that they operate as a clandestine network; association-in-fact-enterprise (RICO), it likely means multiple elder exploitation victims have been involved over a period of time. This can include numerous violations being committed and a system wide, endemic hierarchy of authority involved often relative to profession and role of authority over the dependent elderly persons targeted. In predatory professional networks. fraud and exploitation is standardized which also helps the group protect one another through a “code of silence” or Omertà principle. This self preservation of oneself and the group typically negates any mandatory reporting safeguards.
nformation on Predatory Estate Planning & Probate Professional Networks.
Unjustly Profiting from Organized Elder Abuse and Affinity Crimes: Conflict-of-Interests are a Standardized Status Que that Defines Abuse, Negligence, Exploitation and Financial Concealment/fraud by omission by Professional Teams Acting in Collusion.
1. Estate Planning & Power of Attorney (PoA)
When a person becomes suddenly ill or suffers memory lose over time, they become dependent & vulnerable. This is the danger age, when predators sense opportunities and strike by superseding established springing PoAs with Durable PoAs, Living Trusts, retaining new estate planning lawyers, primary care physicians & neurocognitive psychiatrists. In a short time, an elder’s will/Will become an others. Fraud, organized exploitation & stealing assets from the disabled is illegal. If these actions victimize multiple persons and are accomplished with others operating in collusion it may be a criminal enterprise.
2. Estate Planning Attorneys & PoA’s/Homecare provider’s Legal Counsel
Vulnerable person with diminished capacity assumes their attorney will act ethically to create an estate plan, that attorney also drafts a PoA or fiduciary role for the elder’s primary care-giver, may even draft a limited financial PoA for themselves. PoA(s)/fiduciaries coordinating with home care providers & attorney. The isolated dependent elderly person dares not tell APS or question the arrangement. They are unduly influenced and their estate is stolen.
3. Estate Planning Attorneys & PoAs Accomplices Group Pressure
Coercive situations can consist of mental and physical condition of environments influence such as group pressure, general social influence techniques, tactics of thought reform, and responses and behavior found in other high-control, intense influence situations ranging from the Stockholm syndrome to abused women and the other methods of corrupt caretakers. – Margaret Thaler Singer, Ph.D; research in Undue Influence and Written Documents: Psychological Aspects
4. Estate Planning Attorneys & Primary Care Physicians If an estate planning attorney’s new or existing elderly client becomes ill, memory impaired, at greater risk for inappropriate influence and dependent on a home-care provider/Fiduciary who changes the seniors long-established primary care physician this is a substantial red flag. Often the seniors best first line defense against abuse, negligence and undue influence is the seniors primary doctor. Some professionals in geriatric services have their preferred cross-referring doctors and elder law services providers. If a PCP conceals material facts in Physician reports to the court this is against Medical Board and civil procedures.
5. Estate Planning Attorneys & Neuro-cognitive Psychologists
When senior has memory impairments, is subjected to isolation & undue influenced by a PoA/home care provider or other abusers an estate planning attorney will likely arrange a psychological test just before signing a new will. This protects the illicit Will from attacks in Probate. A psychological examiner is typically known to the estate or elder law attorney whom arranges appointments with a specific outcome in-mind, although it is a conflict sometimes the estate planner will remain present in the interview and/or coordinate procedures so the psych evaluator purposely doesn’t have access to medical records or information that would alert psychologist to brain damage or undue influence.
6. Estate Planning Attorneys & Court Visitor
Typically licensed social workers (LSW) are Court Visitor’s operating on behalf of the court’s civil procedures. Court visit with and interview an alleged incapacitated person (AIP) after a G-C petition is filed, either by family, an interested party or a State agency. In some cases, court visitors may be contracted by a Court Visitor/LSW specialist business. If the LSW is visibly biased in their court reports by concealing relevant material facts to conceal abuse, exploitation or negligence then this is likely a violation of Civil Procedure. This is a problem in regions with limited Court Visitors or areas with aligned probate professional networks.
7. Estate Planning Attorneys & Guardian Ad Litems
Some Estate Planners use cross-referring Guardian Ad Litem professionals in their G-C probate cases. These professionals are typically elder law attorneys or licensed social workers. If the GALs are instructed by the AIPs attorney and/or respondents parties attorney to favor the seniors abusive or exploitative home-care provider, then the GAL will conceal relevant facts in their reports to the court and blame the conflicts on the litigating a parties despite facts illuminating that the AIP is at risk physically and/or financially. Court will lily default judgment to professional Guardian or conservator.
8. Estate Planning Attorneys & Conservator/Guardian
Established estate attorneys prefer to work with the family PoA as default conservator or their choice of for-profit conservator as because it provides them a safeguard to conceal fiduciary breeches, illicit estate transfers/theft and remain on as a regularly paid professional. Because of the immense power State Statues and probate courts grants to the Conservator, they have the power to execute illicit estate plans and gifts away the senior’s estate while the elder is still alive. Some Conservators even keep the unethical estate planner and abusive home-care provider on the Wards payroll.
9. Estate Planning Attorneys, State Bars & Elected DAs
There has been instances of professional networks were for-profit conservator companies have also chaired State Bar Probate Councils. Other examples include District Prosecutors sitting as Trustees on Estates where elder seniors have been exploited. District Attorneys/DAs and Police don’t investigate or prosecute elder exploitation crimes when probate attorneys are involved. They call these matters Civil. The predators know they are untouchable., beyond and above the reach of law enforcement.
10. Estate Planning Attorneys & Elected Probate Judges
In majority of counties probate Judges are elected in some cases the largest detonators to their campaigns are lawyers. Probate courts is the venue for regular hearings by the same estate planning attorneys & courts default or attorney directed/biased (Concealed materiel facts) third-party evaluations. All being paid from the exploited seniors estate.
The Wolf at the Door: Undue Influence and Elder Financial Abuse by Micheal Hackard, Esq
In THE WOLF AT THE DOOR, veteran California attorney and elder financial abuse writer Michael Hackard draws from forty years of legal experience to advise families, caregivers, and professionals who work with seniors what elder financial abuse is, how to identify it, and—most importantly—what to do if abuse is suspected. As the baby boomer generation rapidly ages into retirement, elder financial abuse threatens to become a national epidemic. If not addressed early and aggressively, this unique form of exploitation can tear families apart, leaving shattered relationships and depleted bank accounts in its wake. You may not be able to prevent elder financial abuse from happening, but THE WOLF AT THE DOOR will empower you to fight back before it’s too late.Concise and chock-full of practical information, THE WOLF AT THE DOOR is a must-have reference for anyone interested in learning about elder financial abuse and what can be done to combat it. The book is written for a general audience, and it offers case studies, research, and hard-won observations gleaned from a long career representing abuse victims and their loved ones. An index and compact sections make navigation easy, and dozens of endnotes direct readers to additional information about elder abuse, undue influence, estate planning and trusts, and more.
Guardianships and the Elderly: The Perfect Crime by Dr Sam Sugar
Imagine a system of justice in this country that strips its citizens of their Constitutional rights, voids their existing legal documents, gives others the right to spend their money and sell their assets, isolates them, and has the ability to limit the time they can spend with their loved ones. While you may be thinking of the criminal justice system, the previous description refers to a parallel system that preys on the elderly and is determined to deem them unable to care for themselves. It is a system that allows those in control to take full advantage of their “wards of the state”―legally and under the watchful eyes of judges. It is called guardianship.
Guardianship exists in every state, and while it has gone under the radar for many decades, Dr. Sam Sugar’s new book, Guardianships and the Elderly, sheds light on this system, which enables those in-the-know to commit “the perfect crime.” Dr. Sugar, a licensed physician and president of the Americans Against Abusive Probate Guardianship (AAAPG), as well as a victim of the system himself, has written a unique guide that can be used by anyone caught up in the world of guardianship.
The book begins by looking at the history of guardianship―from ancient times till today. It then provides a clear overview of how this system is set up to work―from the triggers that set it off to the different groups of people that make up the process: the judges, the guardians, and all their associates. The book goes on to detail the responsibilities given to these players and describes how easily they can manipulate the system to their own advantage. It also presents an accurate picture of just how difficult it is to free a family member from the system. There are things loved ones can do to fight the system, to be sure, but many obstacles and pitfalls await them in the battle. This book is meant to prepare the reader for these eventualities and includes a comprehensive glossary, a helpful resource section, and a number of documents that may prove useful in the pursuit of real justice.
While the press has exposed some of the most heinous crimes committed by guardians, for the most part, those who know how to work the system continue to plunder their victims’ estates. Guardianships and the Elderly is designed to explain the guardianship process clearly and make the reader aware of the common violations carried out by court insiders and their affiliates. The information found in this book can serve as a powerful tool when it comes to uncovering their crimes.
Protection and Mitigation Through Collective Advocacy
In ongoing efforts to alert and inform the public, current and forthcoming online reports will include: expert and elder exploitation consultant diagrams, the Geographical Information System (GIS) based GEAR article repository, additional articles by corporate news outlets; their regional affiliate reporter investigations, independent journalists, grassroots elder rights advocacy organizations analyses and progress reports on legislative front, Dept of Justice public releases on perpetrator arrests and the DoJ’s Elder Justice Initiative programs, as well as individual elder rights advocate reports from the battlefront.
Warn Others of Predatory Guardians, Conservators, Elder Estate Planning Professionals, Geriatric Care Physicians or other Professional Abusers at NASGA’s Most Wanted
The International Consortium of Investigative Journalists encourages whistleblowers to securely submit all forms of content that might be of public concern - documents, photos, video clips as well as story tips. We accept all information that relates to potential wrongdoing by corporate, government or public service entities in any country, anywhere in the world. We do our utmost to guarantee the confidentiality of our sources.