Dear Reader,
You might think that what I’m about to tell you is the plot of a bad “Movie of the Week.” And I wish that was the case.
But for many seniors, this unbelievable scenario has turned retirement dreams into actual living nightmares.
It’s not because of an accident or an illness… but a perfectly legal scam that can rip your valued possessions, home, and every penny in your bank account out from under you, along with all your most fundamental rights as an American citizen.
And it’s happening right here, right now, all across the U.S.
If you don’t protect yourself, a judge could appoint a stranger to be your guardian — whether you really need one or not.
A just-out exposé in The New Yorker tells how Rudy and Rennie North, who had been living happily for eight years in a golf course retirement community in Las Vegas, fell victims to just such an outrageous scheme.
In 2013, four strangers showed up at the Norths’ door — without warning — with an order from the county court to “remove” them from their home and relocate them to an assisted-living facility. If they didn’t go, the police would be called to take them away.
“Go and gather your things,” they were told.
What befell the Norths (and untold numbers of other seniors) should be the crime of the century. Instead, it’s a perfect example of what can happen when good intentions — appointing a legal “guardian” for those who can no longer care for themselves — go horribly bad.
In the Norths’ case, their court-appointed guardian had received a note from Rudy’s doctor saying he was “confused.” A physician’s assistant who saw Rennie one time provided a short letter saying Rudy had dementia and could no longer care for her (she was recovering from cancer) — even though he was perfectly lucid and an avid reader.
And that’s all it took for one of these professional predators to swoop in and claim the couple as her wards.
Their daughter Julie had no idea how or why her parents were targeted, but the more she tried to unravel the situation… the more bizarre it became. Not only were her parents removed from their home, but everything they owned was sold by this stranger, who immediately took control of all their assets and possessions.
Of course, if the Norths had been the only unfortunate victims of this swindle, it would be bad enough.
But similar cases are coming to light from all over the country, resulting in what the National Association to Stop Guardian Abuse (NASGA) has called “a growing menace” that “feeds on greed.”
And getting certified to go into the guardian “business” isn’t difficult at all.
As one expert said, in most states “it is easier to qualify as a guardian than it is to become a hairdresser.”
The risk of falling victim to this kind of fraud varies from state to state. In New Jersey, for example, there are some safeguards in place — such as courts requiring that a person’s relatives be contacted when appointing a guardian and that two medical certifications be presented showing that someone is no longer competent and able to handle their own affairs.
That state also requires complete documentation of someone’s assets to be presented, with all financial accounts monitored.
Those requirements would’ve saved Rudy and Rennie from a terrible ordeal that stripped them of their rights, assets, and independence.
New Jersey appears to be one of the best-case scenarios, while Nevada is looking like one of the worst. And in other places, particularly Sunbelt states with numerous retirement communities, the system can be fairly easy to exploit.
But with billions of dollars at stake, you can bet that crooks are scheming all the time to figure ways of railroading seniors into assisted-living facilities and dispose of their home and assets
Experts advise that no matter what state you live in, you need to complete two vital documents — and that applies to every adult — young, old, or in-between.
They’re called a “durable” power of attorney (POA) and a healthcare directive.
If you should become incapacitated, a durable POA gives one or more people you trust the right to make financial decisions for you. A healthcare directive, on the other hand, appoints someone to make medical decisions based on your instructions.
You don’t need an attorney to create these documents. However, you do need the right form for the state you live in. For a healthcare directive, the AARP has forms you can print from its website.
They must be witnessed by two other people, and, in some states, they must be notarized (a service that’s available for a small fee at some banks, real estate offices, and many other locations).
Put hard copies of these documents in a safe place, and be sure to keep them updated when necessary.
For more information on how to protect yourself, go to stopguardianabuse.org.
“How the elderly lose their rights” Rachel Aviv, The New Yorker, October 9, 2017, newyorker.com
