Opportunist or Exploitative Professional Referral Networks in Legal and Healthcare Services Concerning Elderly & Vulnerable Person Care.
Review Conflicts of Interest Data Table & Diagram at the End of this Article.
“Maybe I just have to thank America’s broken legal system for making it possible to make stories like this.” – Rosamund Pike’s Golden Globe Acceptance Speech.
Over the past several years Guardianship and Conservatorship abuse awareness has gone mainstream. This should be a wake up call to Elder Law Attorneys, Estate Planners, State Bars, Probate Courts and those in the geriatric service professions whom may wittingly or unwittingly assist in the elder exploitation process; the end of life pipeline. With this public awakening many of the tricks of the trade concerning organized elder exploitation are being illuminated. The Government Office of Accountability (GOA), Administration for Community Living; National Center on Law & Elder Rights (NCLER), Department of Justice; Elder Justice Initiative, ABA’s Commission on Law and Ageing are beginning to acknowledge the licensed professions and organizations behind this insidious scourge and therefor pressured to slowly reveal what victims have experienced for decades.
Exploitation often occurs when the senior or vulnerable person is physically compromised, cognitively disadvantaged due to memory impairments and dependent on unscrupulous care providers for food, shelter, timely medical treatment and other life necessities. This often includes the exploitative primary caregiver working in coordination with other professional predators, a variety of tactically deployed estate document schemes in unison with undue influence strategies. Financial exploitation tactics can range from devious asset shifting provisions in Living Trusts, Power of Attorney documents and Advanced Directives with extra Guardianship and Conservatorship clauses favoring power abusing primary care providers who disregard fiduciary law, state statutes and court mediation.
These estate documents provide the agent or fiduciary extensive legal authority which is often abused and the agent steals the elder’s estate even while the senior is still alive. These crimes happen daily across the nation. In some cases these circumstances can amount to criminal enterprises or association in fact enterprises that are surprisingly ran with clearance through probate courts with the approval of pubic magistrate officials. Officials not only fail to protect the vulnerable but at times aid and abet the perpetrators and possibly themselves when they knowingly or unknowingly sign off on approval of unjust enrichment schemes.
Retirement communities such as Florida, Arizona, New Mexico, California and Nevada have been a harbinger for other States including those in the Northwest USA. Whisper referral networks have been active in the Inland Northwest for at least 15 years according to several private investigators, investigative journalists and poly-victimized families subjected to multiyear elder exploitation litigation.
Predatory Guardians/Conservator’s & Elder Law/Estate Planning Attorney “Whisper” Networks “Trolling” Hospitals, Elder Care Facilities & Court Hearings for Vulnerable Clients.
It’s known as “trolling.”
That’s the practice in which a professional guardian identifies a vulnerable elderly person by visiting a nursing home, sponsoring an “informational” breakfast or getting a call from a hospital. Then the guardian, or their attorney, gets a court to appoint them that person’s guardian, by talking the elderly person into asking for it themselves or persuading a judge to intervene.
“Parks had wards in nursing homes throughout the county, including 10 in the one that the Norths were relocated to. Many of these seniors were declared in need of legal guardianship in hearings that lasted less than two minutes. Prosecutor Jaclyn O’Malley would later piece together for a grand jury that Parks allegedly built a network of “hospital social workers and medical staff” who helped generate client leads for Parks’ company. In one instance in 2010, the state’s attorney said Parks was “cold-calling” rehabilitation centers in search of a 79-year-old woman who had nearly $700,000 in the bank and no children.”
“Jaclyn O’Malley, who led the probe for the Nevada Attorney General’s Office, made passing references to the “collusion of hospital social workers and medical staff” who profited from their connection to Parks. At Parks’s grand-jury trial, her assistant testified that she and Parks went to hospitals and attorneys’ offices for the purpose of “building relationships to generate more client leads.” Parks secured a contract with six medical facilities whose staff agreed to refer patients to her—an arrangement that benefitted the facilities, since Parks controlled the decisions of a large pool of their potential consumers. Parks often gave doctors blank certificates and told them exactly what to write in order for their patients to become her wards.”
“Prosecutor Jaclyn O’Malley argued that Parks, much like Marla, built a whisper network of hospital social workers and medical staff members who generated leads for Parks to prey on. Though Parks was jailed, the damage was done, with many of her victims committed to nursing home facilities, medicated to the point of incoherence, and locked in the guardianship system for life.”
Northwest Elder Abuse, Expanding from the Epicenter
In civically under served, depreciated and exploited vulnerable person communities not only does the cycle of emotional and financial abuse repeat, it ripples outwards from its epicenter to infect entire communities. As a result, area professionals, intuitions and regional populations suffer some form of negative side effects caused by a few nefarious family/friend primary care providers working in concert with opportunist professionals and their aligned elder exploitative referral networks. It is unfortunate for all community members that a regions law apparatus and professions that service the elderly and vulnerable person population cannot better police themselves as they are required to by statute, mandatory reporting and ethics rules. It is in both the area communities and the professionals in geriatric services best interests to sever ties from predatory fiduciaries, estate planning attorneys, conservators/guardians, medical professionals, those seeking to expand their wealth management portfolios or endowment funds or others that repeatedly orchestrating schemes to unjustly profit from the unfortunate conditions that the elderly have to endure.
When a few well-connected bad actors who may be above the law, pad their accounts and expand their residual fee base, the cost to the overall community exponentially compounds. If agencies like Adult Protect Services (APS), Idaho Dept. of Health, Washington Department of Social and Health Services, each state’s Medicaid Fraud Units, Medicare Fraud and Centers for Medicaid and Medicare that oversees CMS funded Hospitals should consider tracking the professional “whisper” referral networks.
Multiple nonprofits and civil rights groups across the nation have been actively profiling various professionals gaining compromised reputations. Despite elder exploitation cases being intentionally sealed in Court litigation victim advocate accounts and records clearly show repeating patterns and “rigging” tactics elder law attorneys use for when selecting their preferred Guardian ad Litums, Court Visitors, Special Masters, geriatric service providers, fiduciaries service companies, home-care support services, for profit Guardians/Conservators, magistrates and neurocognitive psychologists. This can also include the Judges bias towards their preferred parties when considering quashing motions, allowing gross negligence to continue placing the alleged incapacitated person at risk, allowing the disinheritance of the primary caregivers rivals, use of tactic concealment/fraud by omission in third=party evaluations & Discovery, not enforcing mediated agreements, allowing incomplete Discovery and braid leeway to disregard Civil procedures concerning submissions of third party reports.
Regional elder abuse & exploitation research for Kootenai county support’s claims that even if an elder person is physically, psychologically and financially exploited there is no recourse or ability to redress for damages if the senior is in an environment where they are afraid or unaware of their circumstances as described in the the Couer d’alene Press article below and in Northwest Journal News’s expose: Undue Influence And Professional Conflicts-Of-Interest: Key Matters In Kootenai County, Idaho Probate Court Elder Exploitation Cases.
The Coeur d’alene Press article of July 19, 2019: Elder Abuse: A Big Ugly Secret, provides an insight to an isolated seniors life at home under a domineering home-care provider and why Adult Protective Services are essentially unable to assist.
“Most elder abuse occurs at home, most victims are women, and most abusers are family members. The abuser is rarely a stranger, but more likely a spouse, son, daughter, grandchild, other family member or care giver, and usually someone the elder knows, trusts and depends on. Why don’t the abused victims tell? Many victims won’t admit to being abused because it could get a loved one in trouble or end an important relationship. If an abuser is found guilty, what happens to the vulnerable elder? Some victims may feel shame and even blame themselves. They may be afraid of not being believed and of retaliation from the abuser. Some victims with dementia may not be able to speak out or understand what’s happening.”
“You might think that the effects of physical abuse would be obvious, but a twisted arm may leave no mark or a purple bruise can be hidden under clothing. How do the abusers hide from discovery? They might always be in the room when someone visits, or have signals that warn the victims of consequences if they tell. The caregiver may refuse to allow visitors, or cut off or monitor all outside contact.”
Elderly as Natural Resource For Exploitation and State Bar Profit Centers
“Florida Bar continues to build their fortress around the state’s Probate Courts and to weaponize them for the benefit of their members.” – Rick Black; Founder & Executive Director, Center for Estate Administration Reform (CEAR) speaks on FL HB1349.
Guardianship Data Transparency
GENERAL BILL by Health and Human Services Committee ; Appropriations Committee ; Children, Families and Seniors Subcommittee ; Chaney ; (CO-INTRODUCERS) DiCeglie
Guardianship Data Transparency; Requires Florida Clerks of Court Operations Corporation & clerks of court to establish statewide database of guardianship data; provides database requirements; requires statistical data be generated monthly & published on DOEA’s website; provides requirements for searchability of database; requires Office of Public & Professional Guardians to share data; requires OPPAGA to analyze data & prepare reports; requires Office of Public & Professional Guardians to publish online profiles of registered professional guardians; provides appropriations. APPROPRIATION: $2,740,000″
Our efforts with the #FreeBritney movement and in Washington, DC in 2021 helped bring about the introduction of the Freedom and Right to Emancipate from Exploitation (FREE) Act (HR4545) and the Guardians Aren’t Above Prosecution (GAAP) Act (HR5971) sponsored by U.S. Congressmen Charlie Crist-FL. These bills are gaining traction in Congress. We are also supporting the bipartisan sponsored Guardianship Accountability Act of 2021 (HR5600/SB2881) which will require a national annual census of adult wards in the U.S. CEAR continues to demand federal oversight of the actions of county based adult guardianship courts with the hope of finally gaining federal oversight and improved ward protections in the 117th Congress.
Most importantly our counseling facilitated the emancipation of a dozen victims nationwide in 2020 as we helped victims negotiate the draconian reality of probate litigators intent on intercepting states and removing the freedom of loved ones.” – Rick Black; Executive Director, Center for Estate Administration Reform
Lack of Transparency, Sealed Records, Fraudulent Concealment In Financial Discovery and Quashed Motions in Probate Courts are Hallmark Patterns In Elder Exploitation Matters
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.”
Aligned Cronyism in Probate Court & Undue Influence.
Entrenched Professional Cronyism in Probate Courts, A Key Factor in Elder Abuse & Exploitation.
The same Judge has biased council from aligned self-serving professionals, all whom have mutual interests to keep the cash-cow victim and their property under their authority in Guardianships and/or Conservatorships. This is a substantial and illicit conflict-of-interest—opposite of the Wards best interest. When those acting as officers for the court; lawyers, guardian ad litems, social workers/court visitors, evaluating clinicians & physicians work in-concert to conceal documents, evidence of abuse, exploitation & negligence — this essentially sabotages the machinery of justice; due process, amounts to perjury and each by definition, is a type of fraud upon the court.
Predatory professional networks target mid to high-net value elderly individuals. The abusive parties seek the legal authority of being a fiduciary without the professionally responsibility of following fiduciary laws. Moreover, ethical attorneys and judges don’t want to risk being ostracized in their legal community so they side with the abusive primary caregiver’s when they are being assisted by predatory professional networks whose members are often protected by State Bar associations.
“…. often there is a little buddy-buddy system going on, sometimes a judge has friends who are attorneys,” said Thomas Coleman, a Palm Springs lawyer who specializes in representing the disabled.”
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.”
Probate Court As Gateway To 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.”
Estate Planning & For Profit G/C Networks Functioning as a Criminal Enterprise
Imagine the attorney you pay high fees to retain is actually working for the benefit of others whom may be acting in your worst interest by creating manipulative Living Trusts with shifting provisions and amendments that interplay with your Will, concealing information and orchestrating circumstances to steal your estate. An estate planning attorney when working with family, other acquaintances and probate professionals such as G/C’s (Guardians/Conservators) whom take away control of your own property, your civil liberties and this can lead to circumstances that can also hasten your demise. It’s happening all across the USA and it’s happening far too often. This is what polyvictimization and elder abuse really is. DOWNLOAD PDF DIAGRAM
Elder abuse and estate related exploitation happens because the naive and trusting elderly and most people for that matter, are not knowledgeable on matters concerning unethical estate planning, the professional connections in probate circles, and tactics of undue Influence thought reform. Mid to high net value clients, particularly memory compromised senior women are at risk for document manipulation schemes that essentially steal their life accumulated wealth, even when the senior is still alive.
Most persons are not knowledgeable in matters relevant to undue influence as it pertains to illicit asset transfers. An unduly influenced person is likely operating in an environment of control designed by their home-care provider. Vulnerable persons in these situations are typically isolated from formerly trusted persons, alert to; but fearful to articulate their trepidation and psychologically aware of their instinctive anxiety where they feel they are being pressured to acquiesce, but not aware that they have been unduly influenced over time. Practitioners of undue influence are insidious, they measure intermittent rewards with unexpected abuse, near continual gas-lighting to create a Stockholm syndrome where the captor becomes inexplicably loyal to their abuser(s) and beyond the help of Adult Protective Services.
Too often seniors are overpowered by nefarious family or friends after a health crises or fading memory. Unfortunately this is when they seniors begin releasing their self-autonomy to untrustworthy others whom end up making all their decisions for them and expect everything they own in return. The elder person becomes dependent and is often in no position to argue if they know what’s good for them. Home caregivers or more accurately care-takers, provide the seniors, food, water, whom they speak with, and what professionals they can use to manage their health and legal affairs. This is particularly dangerous when the care-provider lives with the senior, is their landlord or a fiduciary such as a power of attorney or trustee. Predatory types often arrange circumstances where they can gain control of a vulnerable persons affairs and this is an environment ripe for undue influence and document schemes; particularity when there is a willing and State-bar licensed unethical estate planning attorney willing to assist them. As Margaret Thaler Singer, Ph.D; research in Undue Influence and Written Documents: Psychological Aspects describes in these circumstances:
Experts investigating a purported undue influence situation need to study the mental and physical condition of the influencee, 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 methods of corrupt caretakers. The case of the “evil nurse” is discussed to illustrate these factors. In addition the following conditions of influence are discussed in their relationship to undue influence: isolation, creating a siege mentality, dependency, sense of powerlessness, sense of fear and vulnerability, and being kept unaware.
The law gives special attention to the issue of the fairness of the balance of power between the signer and the person(s) who obtained the signature on the document (Dawson, 1947). When the issue of undue influence in securing the signatures on documents is raised, the court is asking: What was the process which constituted the undue influence? What is the history of how this document and signature came about? What were the circumstances—psychological, social, physical, medical, and so forth—which have bearing on how free, informed, and capable the signer was at the point of signing the designated documents to freely express his or her own desires? What undue influence (improper, exploitative persuasion) was exerted on the signer?
When a senior’s primary home-care provider, PoA, Fiduciaries, Estate planners, and Guardians or Conservators engage in organized elder exploitation they are not only a danger to the Alleged Incapacitated Persons (AIP) or Ward they are also a risk to the AIPS family and the community. When a county or cross-county region has a network of professionals whom actively troll for high net value clients in elder rehabilitation facilities or hospitals in a probate court system that either turns a blind eye or abets this behavior, the community is undoubtedly at risk.
This is particularly true when these criminal enterprises are facilitated in the County Probate Courts. Some of these organized networks actively seek high net worth vulnerable person in hospital and elder care facilities, some of these facilities unwittingly empty elder predators whom have additional businesses or are affiliated with professionals seeking to drain seniors of their assets. The increasing number of elder rights advocates justice in aging groups remain scratching their heads why the courts facilitate these highly organized and clearly criminal enterprises.
There is a silent epidemic in this country claiming the lives and property of untold numbers of innocent elderly and disabled Americans. It has nothing to do with exotic viruses. In fact, it’s a homegrown phenomenon involving corrupt elected officials, judges and lawyers. The deadly disease running rampant in our court system is probate and guardianship abuse. – MICHELLE MALKIN; Blowing the lid off probate predators
Organized Elder Exploitation as a Criminal Enterprise.
When do these organized practiced become criminal enterprises? premeditated crimes that unjustly profit from the exploitation of the aged and vulnerable. Environmental conditions that lead to the formation of these enterprises occur when:
1) regional professionals establish cross-referring services and multiple roles of representation for an exploited vulnerable person,
2) all those in the network provide various services or ligation positions are “In-network” the original perpetrators of abuse, negligence and exploitation can cover their tracks,
3) probate judges campaigns are typically funded by attorneys, more over Judges work with the same probate attorneys consistently and they favor those whom are efficient problem solvers even when the clients they represent are exploiting the elderly person and,
4) those in the legal profession fail to police themselves as described by Model Rule 8.3; Reporting Misconduct particularly on matters that involve Model Rule relevant to conflicts-of-interest and clients with diminished capacity.
The “snitches get stitches” mentality is very prevalent in in the legal field so ethical attorneys who do report or question the conduct of another lawyer’s illicit conduct are often ostracized from the legal community because they are questioning the integrity of the system, they end up suspended, disbarred or shunned by their peers to the point of being pushed out of the profession. The same applies to family or fiduciaries whom report or try to stop the senior from repeated abuse and exploitation. Those in power positions over the vulnerable person have an arsenal of threats that they often double on such as more exploitation, threats, menacing behavior, defamation, extortion and forcing the senior to sign more documents to disinherit those whom truly have the elder persons best interest at heart. This why many lay person and ethical professionals behind closed doors refer to Probate as the unhappiest place on earth, a racket and the epicenter of vulnerable person abuse and exploitation.
Estate scriveners are not typical lawyers their practices are more focused on the methodical processes of estate planning than litigation. Which they typically believe will come after their client passes or no longer a viable witness or complainant. Litigators would never be as bold and cavalier with the law as some estate planners are. Since there is essentially no policing by law enforcement or prosecutors its left of to the probate judge. Probate Judges rely on third party elevations such as Guardian Ad Litems, Social workers assigned as court visitors, neurocognitive psychiatrists and geriatric or primary care physicians. Listed below are some of many examples of real life circumstances when state and State Bar licensed professionals engaged in criminal enterprises.
The Criminal Matters Concerning End of Life Estate Planning, Guardianship Attorney Noel P. Simpson and Associated Elder Exploitation Networks.
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).“
Racketeer Influenced and Corrupt Organizations Act (RICO): https://www.nolo.com/legal-encyclopedia/content/rico-act.html
A $22 million civil RICO case from Cleveland, Ohio has survived another procedural hurdle and appears headed to trial in Cuyahoga county court. RICO stands for Racketeer Influenced and Corrupt Organization. It is a section of laws that was passed by congress and signed into law in 1970. Originally designed to combat organized crime, the laws’ application has expanded to include any group profiting from an illegal activity.
ATTORNEYS TARGETED ASSETS OF DEMENTIA PATIENTS
The 54-page suit claims that the attorneys and the other defendants defrauded the court into ordering an illegal guardianship. Then, using the guardianship that was intended to protect Mrs. Saghafi, the defendants instead turned it into an enterprise used to enrich themselves. The suit asks for $22 million in damages which makes the case one of largest probate and estate-fraud cases in recent U.S. history.
“The 6th Circuit ruling confirmed my client’s right to challenge a court order, which may have been obtained through abuses of judicial processes,” said Dr. Saghafi’s attorney Chuck Longo in a telephone interview. “The decision will have far reaching negative implications for guardians and lawyers who improperly use guardianships as criminal enterprises to defraud the elderly and incompetent, which is a violation of the RICO statute.”
Elder Exploitation in Estate Planning is a Nation Trend
Predatory Estate Planning Attorneys often work in crony-aligned collusion networks. Premeditated elder exploitation crimes & networks—Estate Planner’s often have professional accomplices in their elder exploitation rackets, this can include Doctor’s, Guardians, Conservators, Evaluating Psychologists, Law Enforcement, Wealth Managers, Accountants, Social Workers, other attorneys acting as third party officers of the court and even Judges. The cross-referring professionals conceal materiel facts and cover for one another so they are rarely caught. Unfortunately for the communities were elder exploitation is rampant the good professionals practices are tarnished by the bad actors. Below is just a small sampling of examples.
The Legal Issues Related to Elder Abuse A Pocket Guide for Law Enforcement (2014) by Department of Justices consultant Lori Stiegal, JD was endorsed by the American Bar Association & Commission on Law and Aging. The Guide lists the following as primary elder exploitation predators or abusers (Page 11):
• Caregivers, whether paid (such as staff of home care agencies or nursing homes) or volunteers,
• Fiduciaries, including agents under a power of attorney, court-appointed guardians or conservators, trustees of a trust, or other professionals who have an obligation to act in their clients’ best interests (e.g., financial advisers, lawyers, and real estate agents),
If the exploited elder has no family or friends in the area the predatory estate planning attorney can directly steal from thier client’s estate, even after their client has passed. This article from WHIO TV 7 provides a good example: Lawyer accused of stealing from probate estate trust could get 70 years in prison.
The money Wiggins is accused of stealing was spent on several things, he said, including houses, a car, a boat, gambling at casinos in Las Vegas and in Ohio and jewelry, … pay his child support obligations and cosmetic surgery for a family member, Hayes said., … the theft of $1.5 million or more and each count of money laundering are felonies. If Wiggins is found guilty on all of the charges alleged in the indictment, he could potentially be sentenced to 70 years in prison.
Investigations into Predatory Estate Planners
TBI Investigation: Estate Planner Indicted in Rutherford County
FBI Financial Fraud Investigation. Lengthy Prison Term for Estate Planner Who Betrayed Clients. Julie Kronhaus was a well-regarded estate planner with impressive training and credentials.
How a Seattle attorney with ‘heart of gold’ ended up fleecing her brain-damaged client.
Listed below are more examples of predatory estate planning attorneys arrested for stealing from their clients estates and how they broke numerous laws to accomplish their document schemes.
ISOLATE, MEDICATE, LIQUIDATE: How To Fleece A Senior
Attorney and Co-conspirators Convicted in $2.2 Million Estate Fraud Case
The Charlotte Observer: For 10 years, Alex Murdaugh’s SC law firm missed millions in thets, why didnt anyone notice?
In total, he has been indicted on 18 charges for defrauding victims of $3,623,431.95; while Alex Murdaugh has been indicted on a total 75 charges for defrauding victims of more than $8,492,888.31, according to Wilson’s release.
Professional Estate Planning is Not Worth the Risk in Counties Plagued with Organized Elder Exploitation Networks/Association in Fact Enterprises
Like Guardians and Conservators, Estate Planners are also losing their credibility as the public becomes more knowledgeable on the horrors that lie at the epicenter of elder exploitation matters and rigged probate courts. As this increases the unscrupulous are also losing their sway with their more ethical peers. As more people gain knowledge on the multifaceted dimensions of elder abuse, the never ending circus of thieves and how predatory professional alliances that currently define the industry, the savvier person won’t assume the risks and forgo professionally assisted estate planning all together. This is particularity true when programs like Quicken and many other offer effective estate planning packages can be immediately purchased for under $100. Once a Transfer on Death (TOD) plan and Will is created it can easily be uploaded to the States Will registry system. Even the Idaho State Bar cautions against Living Trust scams and offers helpful alternatives to avoid professional documents scams, scammers and probate nightmares.
These are far safer and simpler procedures that can save a person from destroyed family relations, predatory estate looting during their lifetime, estate draining professional fees, undue influence, isolating by greedy relatives, untimely Guardianship and premature death from abuse. Many people are realizing in today’s predatory, “weaponized for profit”, conflict driven legal environment, professional attorney services are not worth the risks considering the catastrophic damages that can be caused. In this respect the unethical lawyers and unchecked abuse by the courts are ruining the profession of estate planning, just as unscrupulous G-C’s ruined their profession. As far as Guardianship and Conservatorship, public outrage has spawned new public policy initiatives leading social services, elder advocacy groups and the courts to look at other potential solutions; such as more monitoring and supportive decision making. As a rule of thumb, predators disguise themselves as protectors and they run in packs.
Predatory “Whisper” Networks, Collusion & Conflicts of Interest
If any elderly person is subjected to repeating abuse, negligence and exploitation; likely undue influence and compounding conflicts of interest of those persons charged with overseeing the elders affairs are also involved. This can include professionals acting in collusion. The following table exhibits conflicts of family and professionals in positions of authority that repeatedly occurred in just one North Idaho case. These examples are provided to get an elder rights advocate, journalist, policy analyst or legislature familiar with how compounding conflicts of interest by those in positions of authority over the vulnerable produce reoccurring circumstances for elder abuse, exploitation or whats best refereed to as polyvictimization. Those documenting elder exploitation matters need to also document the conflicts of interest in their case because these are the details that facilitate financial and abuse crimes through the collusion of multiple persons concealing the matters. In some cases innocent professionals are unwittingly involved in cover up schemes with out even realizing it or disregarding their gut instinct and conscious; i.e.; compartmentalization to a state of denial . While other regional professions realize they are part of a clandestine network geared to unjustly profit from the elderly or vulnerable persons estates.
Table & Diagram: Polyvictimization, Positions of Authority and Conflicts of Interest in Predatory Latter Life Networks
(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 elderly and 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 HIPAA visitation 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.
Poly-victimization of Elderly: Conflict-of-Interest Status Que Conceals Abuse, Negligence, and Exploitation by Professionals Acting in Collusion.
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Elder Exploitation. Care & Service Providers in Multiple Roles of Authority & Collusion Teams Diagram (click the zoom feature/scroll over image to read box descriptions, hold mouse or finger to scroll diagram and click crossed arrow to view full size PDF or direct download PDF Diagram here).
Review of Diagram: Information 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.
Warn Others of Predatory Guardians, Conservators, Elder Estate Planning Professionals, Geriatric Care Physicians or other Professional Abusers at NASGA’s Most Wanted
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. Advocate researchers are based in the following areas: Seattle & Spokane Washington, Sandpoint, Coeur d’alene, Kootenai County region each are focused in human rights projects for elder justice. Data aggregation sources and leads focused on family rights and community safety, Advocates use trustee Research Education & Fiduciary Training Services/TREFTS Platforms to research for Guardianship, Conservatorship practice standards, abuse, exploitation & negligence, and how that gets enmeshed in probate court conflicts of interest and corruption matters. Public data aggregation sources and leads include 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. Some data advocate researchers examine is provided by Department of Justice elder rights Initiatives (EJI) and investigation protocols used by Adult Protective Services or law enforcement, prosecutors and trauma recovery specialists such as:
- 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 advocate research 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, neurocognition & 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 state & 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.
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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.