We Need Guardianship Bill of Rights That Will ...

 

¨ Ensure that ALL other options for the care of the person and their property have been exhausted before a guardianship can be ordered

¨ Ensure when a family member is willing and able to care for their loved one that they be recognized as the surrogate decision maker unless they have a felony record or are under criminal investigation and no guardianship will need to be ordered.

¨ Ensure that no human being can be placed into guardianship just because they have some incapacity or diminished capacity where other protections through family, friends or APS.

¨ Ensure that unless a person has been legally found to be mentally incompetent  by mental health professionals they should not be put into guardianship even then only after the family is afforded the opportunity to seek a second opinion by a physician of their choosing.

¨ Ensure that there is an immediate moratorium on all plenary guardians and all emergency guardianships. Any guardianship that strips human rights should be crafted with details delineated each specific area of incompetency remedies. There should never be an emergency that warrants removal of all rights. APS should be involved to protect the incompetent person until they and their loved ones can get due process.

¨ If a person is not mentally incompetent and has some diminished capacity then we need some other method for surrogate decision making first by any willing family member or friend and only if none is available the an appointed agency or person charged with assisting the person with decision making in the area of incapacity.

¨ Guarantee that any interested family member or friend is notified in advance of any guardianship being ordered and that they are given an opportunity to be heard in Court before a loved one is put into Guardianship. Ensure due process for the ward as well as the family members and friends throughout guardianship litigation.

¨ Any living trust, power of attorney and other advanced planning documents must be honored and may not be overridden unless the persons involved have been indicted by a grand jury and convicted of a felony.

¨ Honors family members and friends as the defacto guardians in all cases wherever possible. Ensure that Family and heirs have full visibility to the accounting.

¨ Ensure that family members are never denied visitation or knowledge about the whereabouts of their family members.

¨ Provide restitution to family and friends who are abused by the legal professionals and guardians in adult guardianships.

THESE ARE JUST SOME OF THE CHANGES

THAT WE AS VOTERS AND TAXPAYERS ARE DEMANDING !

A NATIONAL SHAME  ! STOLEN LIVES, STOLEN RIGHTS, LOOTED ESTATES, RUINED FAMILIES, EXTORTION, ABUSE AND FINANCIAL EXPLOITATION ALL IN THE NAME OF JUSTICE

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