Root Cause Analysis of Abuse Process
White Papers from AAAPG
To find solutions we must thoroughly understand problems. This paper is intended to discuss the root causes of guardianship abuse which appears to be widespread throughout the country and on a dramatic upward arc.
After analyzing several national surveys performed by AAAPG and hundreds of personal stories from victims and families throughout the country and realizing that these stories are only from individuals who have the courage to speak out and that the vast majority of these cases remain sequestered and therefore unknown, the scope and depth of the problem becomes almost overwhelming.
These stories seem to indicate that there is an institutional pattern of corruption, abuse and exploitation in probate, family, divorce and bankruptcy courts across the country. Even though these courts are state based, the abuse that takes place within them seems to be almost identical from state to state despite the fact that each state has different rules and laws. The abusive template is repeated over and over again nationally as if there were actually a playbook to do so.
Victimized families watch helplessly as their lives and the lives of their entire family are decimated by a process that begins with deception and lies. The initiation of a request for an incapacity evaluation is frequently prompted by an attorney or attorneys who create a fictitious narrative of abuse and exploitation at the hands of family members. These fantastic made-up lies give any judge in excuse to “rescue” the allegedly exploited individual by creating emergency temporary guardianship. In our national survey, 58% of all abusive guardianships begin this way. This temporary situation soon gives way to a permanent one in which the rights of the victim are fully stripped away and ultimately the estate is divided not among its intended beneficiaries but among the lawyers, guardians and countless other stakeholders in the guardianship court process of estate destruction.
The most visible stakeholder in this process is the Guardian of course, but the Guardian is not at the top of the food chain in guardianship. By far the greatest financial incentive to drain estates lies in the hands of members of the Bar, including the judges and lawyers who practice before them. So lucrative is the racket that it is very easy to understand why guardianship associations and State and National Bars will do anything to continue this gravy train and derail attempts at reform. In nearly every state in the country, all judges are bar members as are all lawyers. In nearly every state, the Bar Association, which in essence is a closed union shop, is under the direct control of the state Supreme Court whose boss is ultimately the Chief Justice of that state’s Supreme Court. The chief justice rules over the only independent branch of government and it is a massive branch. In Florida alone there are 102,000 attorneys. The judiciary, the ultimate expression of the ruling class, is immune from lawsuits and for all practical purposes unassailable and therefore in complete power. They recommend the rules, they interpret the rules, they enforce the rules selectively and answered essentially to no one. The competency of these judges is often in great question but since these judges are generally elected not appointed competency is usually an irrelevant aspect of becoming a judge. More relevant is the ability to mount a successful political campaign or in some cases a Judgeship can be obtained by depositing a large sum of money into the hands of the proper political operative.
Once in power every level of the judiciary seems to stay in power permanently. An example of their superiority over even the legislature or governor in any state is that law enforcement is under the control of the judiciary and even when laws are passed by the legislature they have no effect until the judiciary including State Attorneys are given the green light to selectively enforce new laws by their political and actual boss the State Attorney General. This is the case in Florida where significant reform legislation has been passed two years in a row and has had zero impact since no State Attorney has been allowed by the bosses to even investigate complaints of felonious Guardian behavior.
It should be noted that except for highly unusual circumstances neither the governor nor the legislature has the authority to overrule the judiciary in matters of law or law enforcement.
We have learned the hard way that it is impossible for victims to gain redress from the court protected lawyers and guardians and their minions. We have also learned that attempts to even communicate with members of the Supreme Court let alone the Chief Justice of the Supreme Court are uniformly futile. We have reached up to the federal government for protection but similarly have been unable to activate the Department of Justice in Washington to even consider investigating our complaints until now.
The root cause of court based abuse is the permission of State in which it occurs to run a corrupt organization. It is the State that empowers the Supreme Courts to run a corrupt illegitimate organization. It is the state that sanctions the operations of probate, divorce, family and bankruptcy courts. The state and the State alone has ownership of all State Court processes. In these “equity” type matters, even the Feds have little power to intervene absent extreme measures like Operation Graylord in Chicago years ago in which multiple Judges were indicted.
Taking the legitimate complaints of court victims from around the country to the Department of Justice and expecting redress is a leap of faith. It assumes that the federal government is actually interested in the welfare of its citizens and in maintaining an honest judiciary at the state level. Even if those assumptions are true, and sadly there is ample evidence to the contrary, the labyrinth of federal agencies and departments and offices are typically not responsive to complaints from individuals. Until there is a groundswell of complaints they do not rise to the level of concern in the Department of Justice. However given the realities and the power of the racket, it is only the federal government that can offer any hope to those victimized by these egregious Court processes. That is why we have undertaken a letter writing campaign demanding intervention from the federal government by the placement of court monitors in all Florida probate and Family Courts.
If you would like to join this initiative, go to http://aaapg.net/doj-initiative/
To contact Attorney General Loretta Lynch go tohttps://www.justice.gov/doj/webform/your-message-department-justice
So the State is the problem. The only logical thing to do is to sue the State as has been done in other similar situations with success.
It may take many years and the State will fight back ferociously, but in the end the people will win.
What are you prepared to do ?
Excellent Analysis - I cannot say that I disagree with anything that you said.
I did note that the way Judges are elected is a formula for trouble. When a prospective judge is surcharged by the political party a large sum of money for being slated, that investment has to be recovered. I heard in the locker room the other day from two young lawyers that in Cook County the under table 'payoff' was $150,000.00. For the Federal Court the charge was considerably more.
One of the most troubling sagas is the story of ***** sending thugs out on lower Wacker Drive to round up homeless people to increase the population of his nursing homes. The connivance of the public guardian's office in this scheme and robbery of the State and Federal public aid systems is obnoxious and wrong. Of course this health care fraud situation has been reported to law enforcement and is well known in the Orthodox Jewish community of Chicago - but the lack of law enforcement or media attention just adds to scenario and problem.
Recently, the Illinois Attorney Registration's total misrepresentation of the law in the JoAnne Denison case - they in documents took an argument rejected by the SCOTUS in the Alvarez case and represented it as the truth, and subsequently misrepresented the ruling in the Sawyer case. To demonstrate total Intellectual dishonesty and defame the legal profession they equated Ms. Denison's blog to yelling fire in a crowded theater for her temerity in exposing judicial corruption. The response of the law enforcement community, the Bar Associations, the legal community and the media -- TOTAL SILENCE! The Illinois Supreme Court suspended her for three years!
Dr. Sugar - thank you for a reasoned and knowledgeable article.
Ken Ditkowsky
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