Part III: Ageism, Sexism & Disablism Document Schemes Run Rampant In Probate Courts; Disabled Elderly Women Most at Risk. Part I | Part II | Part III | Part IV | Part V
A court-mediated geriatric care manager resigns, citing in her letter to the probate magistrate “the hate filled and cruel abuse” of the non-skilled, non-professional, non-licensed family home-care provider towards the memory-impaired and physically disabled senior woman. At the same time the elder’s choice for a conservator resigns because the home-care provider has the senior sell the senior’s property against the same court-mediated agreement that appointed the geriatric care manager and conservatorship. The family home-care provider immediately transfers these assets to their self in defiance of the court agreement, laws that bind mediation and uniform code. The home-care provider’s actions result in a near cross-border lawsuit with the real estate buyer.
All this occurred only two months after the initial “phase 1” professional care manager and first conservator were appointed. The elder’s new attorney and family home-care provider’s attorney planned it this way because they needed their team of “phase 2” professionals in place, in order keep transferring themselves the senior’s assets by extravagant reoccurring fees, multiple six figure annual gifts to their clients and theft cloaked in probate papers. The conservatorship was necessary because the home-care provider also the seniors durable power of attorney (PoA) had, unbeknownst to the elder woman, placed their self as a joint account holder on the seniors largest income depositing bank account and funneled substantial assets to themselves while restricting access to the senior.
Phase 1 in the the Elder Exploitation Pipeline: Predatory Home-care Environments.
The thumbnail image below depicts the initial phases of elder abuse, negligence and exploitation circumstances, This image links to the “5 Phases” Diagram found at the end of this article. Each phase provides access points the relevant GIS Geo-intel article repository that tracks repeating patterns nationwide for elder justice research and repeating trend analysis.
The phase two for-profit secondary conservatorship firm takes over and approves disinheritance of the home-care provider’s rivals while green-lighting the illicit cross-border estate transfers, thus subverting the Courts authority. Those who disagree are severely threatened. The new professional conservator is a seasoned professional; one that deals with complicated, problem cases, while receiving most of their referral’s from particular attorneys. It’s networked into elder exploitation pipeline. This well-connected, large professional conservatorship firm operates above court-established mediated agreements and the law. This is a firm that manages many clients, home-care providers with in-house accountants and attorneys, and a multi-state license to steal from its own vulnerable clientele.
Despite having knowledge of the geriatric care managers court resignation letter, the secondary conservator firm continues to retain the same home-care provider and their wards existing estate planning attorney while increasing the care-provider’s salary. The conservator charges $100,000 per year for their dubious services that kept the exploitative status-que in place. The same circumstances that necessitated the need for a conservatoship in the first place, is kept in place while adding an additional layer of professionals to facilitate estate transferring schemes. The probate system facilitated the transition from flying pan to fire. No bad deed goes unrewarded. Shortly afterwards, the annual gifting away of their wards estate to the contracted home-care begins in addition to the regular salary and fees for the assisting state bar licensed professionals and the Conservator’s employees and vendors. All whom are being paid to look out for the ward’s best interest’s and paid by the liquidation of the wards assets. She does’t need them any more put we do may be the surmised mindset, The elder woman is memory impaired aged and helpless, kept unaware of the clandestine organized estate crimes taking place at her expense or told this is the way it has to be to effectively manage your estate, regardless of your long-established plans. Like the geriatric care manager who had the courage to speak up, others whom try to assist have been barred private access with the helpless senior, they like the care manager are eventually driven off through a multitude of harassment and threats against them and their families Make no mistake Conservatorship is court-abetted organized crime.
Cruelty is a court-assisted sport in vulnerable person care and Conservatorship. The use of control tactics to force capitulation are what some insiders may innocuously term legal gamesmanship. Legal professionals and their third-party network have been incrementally raising the bar on what they can get away with each case. Exploitation of the elderly, particularly women with mid to reasonably large estates is a very lucrative sport, whether the elder drafted prior estate plans in their younger years or not it doesn’t matter.
In nature and in law, predators are skilled in timing, like vultures circling an injured or elder animal they are opportunists with instinctive attack timing. Like vultures or wolves, they attack in packs or “teams” as they prefer to be called. It takes a coordinated team of knowledgeable, professionals experienced in various roles to commit silver-collar crime considering the way the probate system is designed with various civil procedures and third-party evaluation reporters. Initially, the key position is the home-care provider, the quarterback whom controls the life-dependent elderly person while coordinating with their own protective elder law attorney and the senior’s estate planning lawyer whom provides the estate documents and coaching on “legal” techniques and undue influence strategies.
Fraudulent calumny is characteristic of many caregivers so disparagement with a premeditated end goal to transfer themselves their parents or friend’s estate comes naturally for these types. The caregivers controlling the elder or vulnerable person’s life-necessities and their attorney opens the gateway to the estate planners established regional connections. The law professional recruit the next instrumental player at the right phase. This includes the guardian ad litem, elders new primary care physicians, evaluating MMSE phycologist, social workers for the court reports and most important of all the guardian and/or conservator.
Predatory elder exploiter’s; those being greed-sickened family or new friends of the senior working in-concert with the professionals, typically dismiss such aforementioned analogies as ludicrous. Exclaiming “Its our word as the senor’s persons trusted representatives over the false claims of riffraff whom are only out to get the seniors money”. However, do to recent public cases, House Judiciary Hearings on Conservatorship Reform and a national cry of injustice against vulnerable persons has brought marauding estate professional’s behavior into focus and their credibility is waning. Nationwide and particularly in certain counties the public’s fury and attention is able to see beyond the smoke and mirrors of probate proceedings. With the national epidemic of elder abuse that runs through many county probate courts and the egregious cases such as the involuntary covid euthanasia in elder care facilities and by a Florida guardianship company, the celebrity nightmares of Brittany Spears, Ben Disney Lund, Peter Max, Casey Kasem, Mickey Rooney, Peter Falk, Glen Campbell and Nichelle Nichols are increasingly awakening the public and they are upset.
Even postmortem estates have dramatically devastated families of color such as Jimi Hendrix, Rosa Parks, Aretha Franklin and James Brown. Cases that exploded into probate chaos because this is how probate currently operates with that court division;s professionals hustling paper schemes to get a piece of the action. This is the realm of legacy trusts, endowments and related organizational structures that are again governed and manipulated by estate documents intertwined with very costly. long-running probate court proceedings. They architects of chaos are typically white, white-collar attorneys wanting their share of the cultural phenomena created by black and brown artists’s legacies. The black community struggles from range from the Civil rights era to the cultural icons in athletics & entertainment, The probate professionals want a large chunk of it all, They know the system is rigged, as they rigged it in their favor with documents even while the bread winner was still alive. This is because estate exploitation occurs before, during and after a person’s death. Predatory exploitation before a senior’s demise is a leading cause for elder abuse, exploitation, negligence and a premature demise. These cases coupled with the elder trafficking guardianship ring in Clark County Nevada described in the Guardians documentary caused a shock-wave that began to ripple through the probate driven court racket.
Probate matters is where death and near death wealth extraction is equivalent to gold mining in high-grade gold veins without the risk or hard work. Death is a natural resource that needs to be mined and extracted with craftiness and gamesmanship all under the abetting probate system filled with many laws that are not enforced, or only enforced to the benefit of the predators. One of the more vile elder law attorneys took their elder female ward to the dentist to extract 29 gold from their female ward’s mouth prior to the senior woman’s premature demise. This is not unlike the Nazi’s in Germany whom practiced the same type of human gold-digging prior to and after their victim’s were tossed into human bon-fires and herded into Zyklon-B euthanasia showers. It’s the same mindset.
As I dug into the Sykes case, I discovered that I had stepped into a quagmire. What was going on was unbelievable! The family of Alice Gore reported that their mother was isolated, stripped of her assets, abused and Attorney Miriam Solo had orchestrated the removal of 29 teeth from Ms. Gore’s mouth so as to mine her gold fillings!”
~Kenneth K. Ditkowsky
Just like family members and guardians, not all conservators and estate planners are predatory. One would hope the majority are not. There are ethical elder law attorneys, guardians, family and friends of the senior that truly desire and will fight for what is truly the best for the senior; they are also driven by conscious, sickened by the greed of exploiters and believe in the dignity and the most basic human rights that the courts and laws were created to uphold. This is another reason why these matters are so contentious and are accurately referred to as battles. Many estate planning attorney’s write very informative articles on their firm’s websites describing the laws relevant to particular elder exploitation events because this is such a prevalent epidemic and the keywords in their site copy draws in the justifiably disgruntled clientele. For those stuck dealing with predatory helldercare providers and their team of assisting professionals, these articles are worth reading for educational purposes. The mass proliferation of probate focused articles written by industry professionals themselves, corporate news and independent journalists makes it crystal clear that the estate planning arena is rife with fiduciary abuse and elder crime. It is an industry that thrives on conflict unlike any other.
The opening of this article presented just one thumbnail view in a gallery of many horrific events that get even crueler and more vile in this particular case. Moreover, there are several cases like this that have occurred in Coeur d’alene, Idaho involving memory poor, dependent, aged-women. Unfortunate circumstances that are further exasperated and intentionally obfuscated by insensitive and cunning asset-transfer focused professionals who know when to strike while the iron is hot is one cliche that was used. Ethnically bound professionals drafting inept living trusts, coordinating estate documents signings during their clients myocardial infraction events, and using their network of preferential probate court appointed third-parties. Third parties that are often assigned at the bequest of professionals whom have lust for their own client’s assets. Some of these events are addressed in the Idaho portion of the Probate Papers Expose. For now we will return to the home-care or unskilled, often substance addicted, avarice-demented family care providers and agents under durable power of attorneys for they are the often one and the same, as well as the initial catalyst for phase one elder exploitation.
When the home-care provider starts to engage in calumny, more specifically fraudulent calumny, this is a very clear, early indicator of what’s to come. This often occurs immediately when a seniors new friend or predatory family ”care” provider takes over and often uses fraudulent subversion tactics to be named as agent on the durable power of attorney and healthcare proxy and thus gain total control over the unfortunate senior whom is memory impaired, physically disabled and dependent on life-sustaining care. The hallmarks of vulnerability, where one’s misfortune is another’s fortune.
Calumny, defamation and debasements of rivals of those that might attack the credibility of dubious changed estate dispositions, inter-vivous transfers and intentional negligence concerning the health care of the elder person is insidious and commonplace. Calumny is one of the matters that is a reoccurring foundational theme in the elder exploitation play book. Blame-shifting, excuse-making, and defamation in the form of fraudulent calumny are primary tactics an elder exploiter will use because a fasle rationalization or justification, in other words it creates opportunity and leverage coupled with an exploiters home court advantage; each feeding of the other. Defamation of this kind is initially an offence, preemptive strike that financial predator uses as a means to dismiss the seniors formerly trusted acquaintances, established doctors, attorneys and family. This occurs in the early stages of illicit estate planning schemes and provides a means to convince the elder to change their long-stashed primary care physicians, whom is often the first line of defense being a primary reporter to suspected elder abuse circumstances. Defamation smears such as this are also a preemptive defense tactic that predators use to muddy the waters from those trying to protect the senior after they become alerted to the compounding estate exploitation or intentional negligence of the elder’s health care and start to voice these concerns to APS, in legal letters to the elder’s attorney and initiate protective litigation to stop the abuse.
In compromised probate courts these types of opportunistic defamation tactics work. Often Judges look for any blemish against challengers of the status que because the elected magistrates want their preferential party to come out ahead or appoint a third party. Those launching the initial missiles of exploitation and abuse claims are often the party that is truly guilty of current or forth-coming criminal behaviors. Especially when they used false claims to gain a PoA and a sizable advantage in newly drafted estate dispositions. To the lay person the crimes could not be more obvious, in a rigged probate system the obvious is intentionally obscured by chicanery in probate papers, smoke and mirrors.
In litigation the evidence that supports the challenger’s claims to confront false allegations or provide proof of exploitation may be fraudulently concealed, intentionally absent from the petitioner’s Discovery or third party evaluators reports, deemed irrelevant or dismissed on technicalities. This is the role of the exploitive home-care provider’s elder law attorney and they are often granted a wide-path to dodge civil procedures, timely filings and have preferential selection of third party evaluators if they are in the local probate courts inner-circle. Mediation can be staged to favor the abusing party and the Judge may not enforce mediation outcomes that supports those trying to help the elder person get protection from their abusers.
There are two parties in litigation and in some areas the home team is in the club and the petitioning party demanding accountability for elder abuse, exploitation or negligence is not in that club. Fraudulent calumny aside, this by no means equates that the petitioner as the party seeking to help the elder person should give up, on the contrary they just have to prepare more, anticipate and counter act their disadvantages with for knowledge that they are litigating in an intentionally rigged system where those who control the seniors money control the professionals being payed from those funds and these are the court-appointed persons creating the reports that the Judge bases their decisions on. The players are owned, the goal posts are placed and moved at will by those controlling the senior’s money and mind.
What is fraudulent calumny? It is mind poisoning, a type of fraud and a species of undue influence. Standard or regular old generic Calumny is reads like Defamation:
- A false statement maliciously made to injure another’s reputation.
- The utterance of maliciously false statements; slander.
- False accusation of crime, misconduct, or defect, knowingly or maliciously made or reported, to the injury of another; untruth maliciously spoken, to the detraction of another; a defamatory report; slander
However fraudulent Calmuny is more specific, premeditated and targeted for specific intent. This Barristers & Solicitors website in the United Kingdom article expresses it well, from the article Fraudulent Calmuny:
Your sister (falsely) trash talks you to your mom. Mom then writes you out of her will. “Fraudulent calumny!”, you scream. Fraudulent calumny occurs where a person poisons the mind of a testator against another person who would otherwise be a natural beneficiary of the testator’s bounty by casting dishonest aspersions on his or her character. Fraudulent calumny is said to be a species of undue influence. However, rather than influence a testator to do something, the influencer influences a testator to NOT do something: leave a bequest to a certain party. In order to establish fraudulent calumny, the person alleging fraudulent calumny must prove:
1. That A made a false representation;
2. To B, the testator;
3. About C, a third person;
3. For the purposes of inducing B to alter his or her testamentary dispositions;
5. That A made the representations knowing them to be false, or reckless as to their truth; and
6. That B’s will was made only because of the false representations.See Kunicki & Anor v. Hayward,  4 WLR 32 at paragraph 122.
In America, this type of behavior falls into the category of undue influence which some states have written into their elder abuse, negligence and exploitation statutes. Typically, the Courts frown upon such behavior but usually won’t waste too much time on such matters, if at all. This is why undue influence strategies like fraudulent calumny and tactic disparagement are so effective. They are practically guaranteed to work in the correct abusive environment and even if the Courts will hear such claims they almost certainly won’t rule in favor of them. This is why it’s one of the predators most insidious and effective estate theft tools. This article on Assessing Undue Influence in the Journal of the American Academy of Psychiatry and the Law is worth reading since it discusses the complex dynamics in American law concerning undue influence and elder exploitation.
In one of the initial Idaho Probate Papers Expose articles titled Undue Influence And Professional Conflicts-Of-Interest: Key Matters In Kootenai County, Idaho Probate Court Elder Exploitation Cases., In the Ageism, Sexism and Disablism In Probate Courts research series that address specific undue influence related cases. This article includes an extensive list of undue influence warning signs, case precedents, proposed undue influence legislation and jury instructions.
Following articles in the Idaho series will examine more aspects of this particular case referenced in in this article as well as several other disabled elderly women in Kootenai County whom were exploited via undue influence, isolation, and concerted efforts of state and state-bar licensed professionals that would be easiest to define as predatory or intentional legal and medical malpractice. Many counties across the USA have a probate court problems. As one researches articles, interviews victims and analyses litigation events a person can clearly discern distinct repeating patterns, alarming trends and what contributes to the root cause of elder abuse, exploitation and negligence of primarily aged, disabled women but also their male counter parts to a lesser degree.