Having A Guardian Appointed In A Guardianship Proceeding Can Be Harsh (aka “Interdiction”)
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- Опубліковано 5 сер 2024
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Most people underestimate how difficult and intrusive the guardianship proceeding (known in my state of as an Interdiction proceeding) can be.
The guardianship or interdiction proceeding is often use when an adult individual is unable to care for their person or their property. It is the equivalent of taking someone's ability to make their own decisions away from them.
A guardianship or interdiction is often used when one or more of the less restrictive means cannot accomplish the desired result of protecting one's person or property.
There are many procedural requirements, all of which must be met, in order to complete a successful guardianship or interdiction proceeding.
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This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.
Paul Rabalais
Estate Planning Attorney
My mother was locked up the entire time until they deemed her incompetent--and she isn't. They cited a fake diagnosis in court, never named the
doctor who gave her the false dementia diagnosis, never cited the medical record. Nobody gives a damn that a fully cognizant woman is imprisoned for life in a nursing home and doesn't belong there. The social worker lied about incapacities she didn't have. She can walk without a walker and does all her own laundry there. She is fully cognizant and has excellent memory, and the "organized County ring" will never let her go because THEY
DONE WRONG. State of Wisconsin--don't move here. I will never let this go.
It's disgusting how the gaurdianship is not Easy to remove.
thank you for the free knowledge.
Thanks for the video
there are at least 2 places to "take assessment" on your site home page, but no matter which one of those I click on, I'm taken to a sign in page with no option to "sign up" first.
Very good video
You may have a better system than certain other states such as Florida, Michigan, Nevada, California and Arizona I don't hear too much about interdiction abuse in your state. I've heard horror stories from these other States. i think the people in power do not realize how bad a problem it is or they are in on it.
I used to live in California but I decided that for me Utah was better.
California has listened to Lima Tequali (She has numerous surnames.) Lima is said drug addiction can be cured by a policy of conservatorship or jail. This not only doesn't work it breeds resentment. If it continues to worsen the stronger conservatives are going to to turn on their conservators and there is going to be bad violence.
Because of how badly conservatorship/guardianship is abused I want a constitutional amendment to abolish so my golden years can be peaceful. If you think I'm selfish I'm only asserting my rights. I claim the right not to be conserved.
What when they do this without cause? Is it not easy to stop the unlawful "guardianship" then?
I’m going to talk to my lawyer tomorrow but thought I would shoot you a question.
I have guardian ship over my mom, and I’m also the conservator and it is a plenary type of guardianship. I’m hitting road blocks because the letter of guardianship and conservator doesn’t state that I am allowed to take out a loan on her behalf. Does this sound familiar to you?
Hi Paul. Love the videos! Have learned a ton. Thank you! Could you make a video on lending money to children to purchase a rental income property. There would be a agreed upon interest rate but would want some type of formal contract between child and parent. Could you help? Thanks!
Assuming you are asking about property located in Louisiana: a local real estate attorney can draft a promissory note and mortgage and record against the property in the public record. There are likely online forms that will work for this purpose.
Can I choose a different guardian for my child while my husband chose someone different?
They won't let my mom who's a veteran of the Korean War have a lawyer they deny her a lawyer over and over and over again that's against the law
Couple of questions: During the 15 day period after papers are served, couldn't the ward just go to the bank and draw out all their money and then go into hiding? Also isn't a person adjudicated mentally incapacitated can't be held criminally responsible?
Well that's basically what happens after they're putting guardianship the guardian which is Guardian conservators because servitor takes all the money they have full control in the court starts draining it. The biggest rainy is the Guardian at Litem which is supposed to be removed as soon as a lawyer is appointed she was removed after a lawyer was appointed on my mother's case which turnaround ask the judge can I still stay on and he says okay. But how much is in the state is how the guardian ad litem gets paid so sell the house so she gets paid more hour and they sell it a way below value. The conservators never do the reports right money's missing if you object they don't care because the guardian litem tells the judge nothing's wrong. It's a vicious cycle one case in Michigan after the victim's dad which they all knew she had at least two million dollar trust she died the beginning of 2020 I believe and 20 the end of 2021 she only has $78,000 left and she's dead they're just draining the the estate they charge the court every time they have to go to I'm not even going to court because of the covet it's a zoom. So a 2-minute hearings costing the estate to the $3,000. And the wards estate pays the lawyer for the guardian and conservator. Even though the board isn't that allowed to have a lawyer and is by law supposed to have a lawyer appointed but they keep Ava gal instead of letting her have a lawyer that you Guardian Ad Litem it's totally against everything that's done for the ward she or he will even blackmail the guardian this is another case because the Guardians husband beats up the ward she figures it out what she's told by The Ward and then she's blackmailing because it's a crime to knowingly and cover up a crime of that person you leave the Ward by Michigan state law both supposed to go to prison. The problem is nobody follows the laws to legislation they don't do right by the ward they do nothing right and cover everything right up the judge the guardian of Litem the conservators the Guardians the lawyers the children of all covered up in the best thing is to do is to remove guardianship totally you don't need anything more than a durable power of attorney
Thank you for the informative video. I’m a RN Case Manager and I need to know how to get the interdiction. Patient is anoxic brain injury. I cannot place in Nursing Home because the patient’s son is not giving us financials. We’re in LA. I reported to APR. I need to know the link or resource to get started. Thank you.
Adult Protective Services is just going to take it to probate in an LA is conservatorship just like Britney Spears and then so they don't Protective Services petitions the court for conservatorship then find the conservator they work for they do this all the time they turned it over to somebody they work for to be the conservator the problem is paid for Guardians and conservators don't care for the wards.
In another case the guardian conservative who's in Michigan was overdue in turning in her conservators report it was due 2017 and when the successor conservator was trying to close his case to pass it on to a relative the he ordered the court to have the guardian closeout or conservative case the court put on the docket to revoke or withdraw his order so whatever money the guardian conservator still had in the wards account she still has it and that's it's to the end of 2021 and that was in 2017 she's kept the money that she cashed in from the life insurance policies and I don't know how much more because they never file their cases their paperwork is always in concisys they lie to cover up they don't file taxes income taxes even after the seller of the house you have to file income taxes and they don't so there's federal fraud there
Guardians conservators case guardianship needs to be avoided out it's illegal it's human ownership which is illegal since the Civil War
Its not your call. Back off. why do you want financials? money. Money. Money.
no it is not done as a last result and it can get done in 24hrs time in Michigan because in Michigan it is a big scam.
Why would an adult child file for conservatorship over elderly parent with dementia when that same adult child already has DPOA? State is Tennessee
Conservators have ultimate power....more than DPOA. That said, there are few "good" reasons to do it.
Can this interdiction or appointment of guardianship ever be undone if some major change takes place with the person that was interdicted ?
No it's for life! The problem is that once you are under guardianship, you have NO legal right to defend yourself. You have NO legal right to fight the guardianship in court. The guardian can argue fight for you but he's making money off your estate. You think he's going to give that up? NO! He's not. Remember that a ward is stripped of ALL their civil rights. That's why they call it civil death. In fact a convicted murderer has more rights than a person under guardianship. Guardianships are the most punitive civil penalty against an American citizen next to being executed.
@@userumbleyoutubesucks2871 Why the hell would anyone want power of attorney or guardianship over another adult other than to rob them?
It can be removed but it is hard.
Problem is, as ward you have no legal right to hire an attorney, enter into contract, sign an affidavit. YOU CANT EVEN TESTIFY IN COURT, AS WARD YOU CAN'T BE SWORN IN. YOU HAVE ABSOLUTELY 0 CIVIL AND EVEN BASIC HUMAN RIGHTS. YOUR GUARDIAN CAN STERILIZE YOU WITH OUT FURTHER PROCESS IN COURT, HE CAN WITHHOLD LIFESAVING MEDICAL TREATMENT, BUT THERE IS STILL A PROCEDURE FOR IT TO BE REMOVED, ALTHOUGH ITS VERY DIFFICULT
@@sinebar Its incorrect. As ward YOU DO LOOSE LEGAL RIGHT TO DEFEND YOURSELF, HIRE AN ATTORNEY, ENTER INTO CONTRACT, SIGN A AFFIDAVIT, BE SWORN IN IN COURT TO TESTIFY, EVEN GET YOUR MAIL. BUT GUARDIAN TECHNICALY DOESN'T HAVE THE RIGHT TO FIGHT ON YOUR BEHALF WHEN IT COMES TO GUARDIANSHIP. PROBATE COURT APPOINTED ATTORNEY AD LITEM, DOES IT FOR YOU. THIS ATTORNEU APPOINTED EVEN BEFORE THE GUARDIANSHIP PETITION IS APPROVED, WHEN ITS FIRST FILED. BUT IN REALITY HE IS WORKING AGAINST YOU
Creul and unusual punishment ( Guardianship)
Guardianships are evil we must all let everyone know never never do this to anyone
Slavery, involuntary servitude, creual and unusual punishment!!. Violations of Constitutional rights!!. High Treason!!.
Articale 1, Section 10, Clause 1
Articale 1, Section 9, Clause 3
Violation of forbidden laws under the UNITED STATES OF AMERICA Constitution.
BILL of Attainder: a bill passed into law by the legislature, declaring a person or a group of people guilty of a crime without a trial. Its purpose is to inflict punishment. To dictate where someone can live and what kinda property they can own and weather or not they can pass it onto heirs.
Government shall not pass any laws impairing the obligation of contracts.
Government shall pass no laws on titles of nobility.
A treaty is a contract!!.
Government shall pass no, de facto laws.
Someone who has dementia or you CAN NOT GET POWER OF ATTORNEY
I had to go this route for my aunt. And I hate it but it was the only route left. She had me as poa and then took it away. Took safety measures and bio clean her home paid utilities ect and she's combative. This was while in the hospital after finding her burned. She has brain damage and korsacoff syndrome ect. Finally we requested the caseworker to petition court and get a guardian/ conservator appointed. Now they have her placed in skilled/ nursing home. Of course she's very unhappy about that. But she has to have 24/7 care and the family cannot do this. I had gathered all important information to the caseworker to give to the appointed attorney. They have me listed as emergency contact and I have all her paperwork put together. I changed the locks on the door to protect her home until they need all of this. This is a horrible decision and so distressing. The medicaid paperwork and other is so damned complicated and then trying to communicate with my aunt with no memory is hard. She will and has all her life fought with family and of course she can't help what she behaves like now. So, now I'm in a complete meltdown and I have medical issues and it got to me. I was paying attention to her so much that I didn't take care of myself. I see the comments on here and I just can't stop crying. I'm a retired nurse and I cared for people all my life. I'm feel like people may not understand some of the choices that people have to make and can say things that are very hurtful. I also know how physically dangerous my poor aunt is and can be. This has all taken a toll and I'm so sick now that I will be going to my cancer doctor for a blood check. Leukemia. I pray that I will be okay and recover. I go to see my aunt and do her laundry and care for her the best I can. Even when she is non compliant and distressing.
Guardianship should be 100% abolished. KARMA is a bitch.
GUARDIANSHIP
A parent is Dead
A parent s incompetent
A parent is incapacitated
A parent is incarcerated
Otherwise it's illegal!!
They won't let my mom who's a veteran of the Korean War have a lawyer they deny her a lawyer over and over and over again that's against the law
They won't let my mom who's a veteran of the Korean War have a lawyer they deny her a lawyer over and over and over again that's against the law