Recommended Reading: The Wolf at the Door – Undue Influence and Elder Financial Abuse.
Large for-profit conservatorship, guardianship, Trust or Trustee management firms are well aware of the opportunities in family conflict and the severely compromised, over-whelmed U.S. Probate Court System. These firms typically operate among crony-aligned networks; state and state-bar licensed professionals such as; estate planning attorneys, primary care physicians (PCPs), neurocognitive diagnosing psychiatrists, Guardian Ad Litems (GALs), social workers, CPA/accountants, bankers and investment managers all receiving high hourly fees from the exploited elderly, vulnerable dependent, alleged incapacitated person (AIP) or Ward’s estate.
Seasoned predatory professionals are typically well-connected, suited white males and more recently female professionals with years of experience in organized undue influence tactics and gaming the inept probate system via their established contacts and side-businesses. In many cases, the majority of their firm’s residual income involve vulnerable person & elder exploitation practices, that have become so frequent they are compartmentalized as unspoken but standard operating procedures, such as:
1. High degree of confidence in their crony-aligned networks and ability to game the inept, over-whelmed or abetting County Probate Courts; knowing their preferential status & influence as a large, area dominating professional guardian/conservatorship firm.
2. Large for-profit guardianship, Conservatorship, and professional Trustee management firms pay for misleading, self-promotional newspaper articles and ads, using virtue tagging language and terms such as compassionate, integrity, trust-worthy, transparent and honest which are often at odds with their actual business practices.
3. Failure of due diligence: Sub-contracting of professionals or family with history of elder exploitation, abuse or negligence.
4. “Off the record”, Code/cloak of silence or Omertà principles among aligned-professionals receiving fees from the AIPs or Wards estate,
5. Defamation, malicious harassment, bullying and threats of financial harm, career or personal injury against friends, family or other professionals who whistle-blow on fiduciary breaches or other abuse, negligent of exploitative practices.
6. Repeating non-compliance on statutory financial reporting, dual accounting systems & cooked books.
7. Very limited welfare check-ups on the AIPs & Wards knowing probate courts shortcomings to check over voluminous paper work.
8. Supporting those friends, family or professional’s perpetrators who aid in mutual cover-up processes to conceal abuse, negligence and exploitation.
9. Team, group or mob tactics to debase, defame, disparage and discredit concerned friends and family members of the vulnerable person.
10. Minimization and concealment of whistle-blower complaints & evidence of elder abuse, exploitation and negligence by estate paid professional team, group and in some cases regional/county wide crony-aligned professional exploitation mobs characterized by siege-mentality (reference Singer-Nievod Siege Mentality).
11. Team, group or mob tactics to promote and support false narratives targeting interested parties that can file petitions to remove their Guardianship or Conservatorship.
12. Refusal to do investigations on financial accountings prior to their appointment, and in some cases retaining the services of those care-providers, attorneys or family members who’s exploitative, negligent or abusive conduct was responsible for the appointment of the Guardian or conservator in the first place.
13. Use of Omnibus accounts and other methods to conceal financial records and as excuse to providing actual bank statements and receipts to the Court when facing delinquent accounting, compliance violations.
14. Substantially high fees for their services and affiliated team; members within their professional racket all receiving fees for the Wards estate.
15, Substantially or ridiculously high gifting to their favored friends, family members, Charities, elected probate or public official campaign funds, political causes or candidates.
16. Use of disinheritance threats and actual disinheritance of beneficiaries. Transferring the Wards former heir’s funds to probate “expenses”, litigation, family care providers, Conservators, Guardians, Charites and Endowments,
17. Changing beneficiary’s to Trustee/Conservators choice of charities, medical institutions and education endowments, while creating public narrative it was the Trust Grantors or AIPS ir Wards non unduly influenced “legacy” wishes. Endowment funds and charities need to consider whether their charitable contributions from elderly women’s estate were the result of elder exploitation by unethical Trustees, Conservators, attorneys or Guardianships
18. Intentional defamation and alienation of family members they deem as troublemakers for pointing out fiduciary breaches, abuse, negligence and exploitation circumstances.
19. Reliance on feeder/elder estate trafficking networks composed unethical estate planners or elder law attorneys who’s remain as Wards estate pay rolls for profit Conservators outside council, This can include the predatory care-provider, investment manager or accountant that caused the petition for G.C filing in the first place.
20. Predatory professionals, new spouses and family care-providers aid and abet the coordinated alienation of family and friends from the AIP or Ward this is why isolation is a key initial warning the root cause indicia of a disabled or memory impaired elder person exploitation.
Criminal ageism, sexism and “disabilism” rackets run through the county courts.
21: “Wink and nod” understanding that the municipal court’s crony-aligned network of professionals all realize the common practice & scams enmeshed in a conflict-as-commodity driven, codified system that enables receiving hundreds of dollars in hourly fees from the same vulnerable person’s estate; most often disabled elderly women.
Department of Justice: Elder Abuse Prevention and Prosecution Act Data
Geo-Intel Display of Source For-profit Guardianship and Conservatorship Firm Articles: The source-curating technology below is one element of an extensive nationwide data-journalism macro-project consisting of: 1) Geo-intel source curating processes including 1000’s of public news articles, 2) field-data gathering investigations via elder justice grassroots research groups, 3) victim & expert testimony, 4) undercover citizen investigative journalists & private investigator evidence, 5) social media crowd-sourcing and 6) artificial intelligence machine agents that also ferret out the repeating trends in histories largest scam ever ran through the courts.
Mouse over each maps data cluster circles, zoom in to view regional details. Double click map to add your own event.
Repeating Exploitation, Human Rights Violation & Human Trafficking of the Most Notorious For-profit Guardians & Conservatorship Individuals and Firms.
Number 1: April Parks, Nevada.
“Defendants APRIL PARKS, MARK SIMMONS, and GARY NEAL TAYLOR, did on or between December 21, 2011 and July 6, 2016, then and there, within Clark County, Nevada, 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, did engage in said acts, to wit: by Defendants working for A Private Professional Guardian, LLC using their position to steal funds belonging to elderly and disabled persons over whom they had guardianship authority, through the use of a series of fraudulent billing practices, said activity constituting Racketeering contrary to NRS 207.400 (1)(c)(2).“
The Guardians Documentary by Billie Minz
THE GUARDIANS is set in Las Vegas, within the Nevada Guardianship and Family Court systems involving the legal kidnapping of elderly people in a lucrative business that drains seniors’ life-savings and robs them of their freedoms.
Victims and their families are caught in a scheme that has allowed corrupt court-appointed guardians to take total control over their healthcare and financial decisions. Armed with court-orders obtained under dubious circumstances, guardians are able to forcibly remove elderly wards from their homes, isolate them from their families and systematically empty their bank accounts.
In an unfolding saga that reaches to the top level of government, a growing number of Las Vegas victims come together to seek justice, restitution and freedom. Through their fight, the film exposes the scope of the systemic abuse of some of the most vulnerable members of our society.
Number 2: Rebecca Fierle, Florida.
Number 3: Jamie Spears, California.
Number 4: Paul Donisthorpe, New Mexico.
Number 5: Ayudando Guardians, Inc, New Mexico.
Guardianship Firm and its Principals Charged with Federal Conspiracy, Fraud, Theft and Money Laundering Offenses.Twenty-Eight Count Indictment Alleges that Co-Founders of Ayudando Guardians, Inc., Embezzled Millions from Client Accounts to Support Lavish Lifestyles.
U.S. Marshals Service Assumes Control of Ayudando Guardians, Inc., to Ensure Continuity of Services for Special Needs Clients
Entrenched Professional Corruption, Elder Exploitation and Undue Influence.
“Psychologist Margaret Singer was one of the first researchers to connect elder abuse to undue influence, which she defined as “(w)hen people use their role and power to exploit the trust, dependency, and fear of others. They use this power to deceptively gain control over the decision making of the second person.”The psychological tactics of undue influence have been likened to tactics used by cults, ….” National Center on Law & Elder Rights: The Impact of Undue Influence
The Probate Papers Exposé: Source Article Research, Undue Influence & Probate Precedent Examples.
BuzzFeed News Sept., 17, 2021: BEYOND BRITNEY: ABUSE, EXPLOITATION, AND DEATH INSIDE AMERICA’S GUARDIANSHIP INDUSTRY
“In local courts across the country — often woefully unfit for the sweeping power they command — guardians, lawyers, and expert witnesses appear frequently before the same judges in an established network of overlapping financial and professional interests. They are often paid from the estate of the person whose freedom is on the line, creating powerful incentives to form guardianships and keep them in place.”
“The judge knows the lawyers, the lawyers know each other,” said J. Ronald Denman, a former state prosecutor and Florida lawyer who has contested dozens of guardianships over the past decade. “The amount of abuse is crazy. You’re going against a rigged system.”
Seattle Times: Secrecy hides cozy ties in guardianship cases
“Potential conflicts of interest radiate through guardianship cases, a Seattle Times investigation has found.”,….. “Judges and court commissioners across the state have sealed the entire file in at least 398 guardianship cases since 1990, The Times found during its ongoing series investigating concealed court records. Most of the cases were sealed in King County.”
Probate Court As Gateway To Guardianship – Conservatorship & Elder Human Trafficking.
“The victims are seniors. The partners in crime are financial predators and agents of the Elder Guardianship system — attorneys, professional guardians, medical experts, and others who are paid out of the senior’s assets. There are some good judges but many are overworked and some are actively aiding the exploitation. Anyone can file to deem you incapacitated. The entire process from filing an incapacity petition to plenary guardianship where all rights are removed can happen within days. Yet, once you’re caught in the web, it’s almost impossible to break free… AND you are forced to pay your abusers in the process.”
Research assistance, educational resources and citation’s courtesy of regional newspapers, grassroots elder rights advocates, affiliated vulnerable person organizations, State & Federal Act ordinances.
Business Allies is a Profit to Nonprofit Northwest Business Alliance established in 2004. Seattle & Spokane Washington, Sandpoint, Coeur d’alene, Kootenai County Human Rights Projects for Elder Justice. Data aggregation sources and leads focused on family rights and community safety. Advocate & Trustee Research Education & Fiduciary Training Services / TREFTs Platforms, Research for Guardianship, Conservatorship abuse, exploitation & negligence, and enmeshed probate court corruption. Public data aggregation sources and leads: regional newspapers, VP Taskforce, AltrueSoft Tech Platforms, Citizen to Citizen Reporting, Citizen’s Bureau of Investigation, Northwest Journal News, Grassroots Elder Advocate Organizations, state & national GAO research monitoring & grant projects. Department of Justice elder rights investigation protocols by adult protective services or law enforcement, prosecution, and trauma recovery:
- National Adult Mistreatment Report System (NAMRS) collects state-level adult protective services data.
- National Incident-Based Reporting System (NIBRS) collects state-level law enforcement data.
- FTC Consumer Sentinel Network collects consumer complaints from multiple sources.
- Financial Crimes Enforcement Network (FinCEN) collects data on suspected elder financial exploitation submitted by financial institutions.
Key search terms: grant research objectives & administrative rules for Adult Protective Services, State Health Departments, Elder Abuse and Exploitation requirements legislated by the Code of Federal Regulations, Social Security Act, Americans with Disabilities Act and Older Americans Act. Aggregated & direct interviews via Citizen research and complaints focused on elder abuse, exploitation and negligence, human trafficking, corruption, professional cronyism among state licensed service providers such as Estate Planning Attorneys, Doctors, Physicians, Clinicians & coordinated medical ethics for elder care, neurocognitive & capacity evaluations, Conservator, Court Visitor, LSW, Guardian, Guardianship, Trustee, Management Services, Model Rules of Professional Conduct, Rules of Civil Procedure, State Bar Ethics Commissions, CMS, Hospital, Facility Management, SEC, FINRA, Code of Federal Regulations,Tax Fraud, Wealth Management Services, Certified Financial Forensics & CPA Investigation manuals, Uniform Code and many more industry compliance guidelines . Supported by research from over site sources, Bureau of Occupational Licenses and all State Statutes relevant to Negligence, Exploitation & Abuse including Probate Court monitoring, Senate Hearing on “Toxic Conservatorships“, recent federal legislation, Acts of Congress, Elder Justice Act, Elder Abuse Guide For Law Enforcement (EAGLE), American Bar Association & American Psychologists Association Resources on & Elder Abuse & Vulnerable Person Legislation.
Courtesy of Citizen’s Public Safety Network & Citizen’s Bureau of Investigation Community Safety Projects | Spokane; Washington, Sandpoint & Coeur d’alene; Kootenai County, Idaho Elder Abuse Advocates & Grassroots Networks.