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Re:How the Elderly Lose Their Rights by EGreg on Tuesday October 03, 2017 @12:24PM (#15393583)
"It often took several days for relatives to realize what had happened. When they tried to contest the guardianship or become guardians themselves, they were dismissed as unsuitable, and disparaged in court records as being neglectful, or as drug addicts, gamblers, and exploiters. (Belshe was described by Parks as a “reported addict” who “has no contact with the proposed ward,” an allegation that Belshe didn’t see until it was too late to challenge.) Family who lived out of state were disqualified from serving as guardians, because the law prohibited the appointment of anyone who didn’t live in Nevada.

Once the court approved the guardianship, the wards were often removed from their homes, which were eventually sold. Terry Williams, whose father’s estate was taken over by strangers even though he’d named her the executor of his will, has spent years combing through guardianship, probate, and real-estate records in Clark County. “I kept researching, because I was so fascinated that these people could literally take over the lives and assets of people under color of law, in less than ten minutes, and nobody was asking questions,” she told me. “These people spent their lives accumulating wealth and, in a blink of an eye, it was someone else’s."

"The opinions of wards were also disregarded. In 2010, Guadalupe Olvera, a ninety-year-old veteran of the Second World War, repeatedly asked that his daughter and not Shafer be appointed his guardian. “The ward is not to go to court,” Shafer instructed his assistants. When Olvera was finally permitted to attend a hearing, nearly a year after becoming a ward, he expressed his desire to live with his daughter in California, rather than under Shafer’s care. “Why is everybody against that?” he asked Norheim. “I don’t need that man.” Although Nevada’s guardianship law requires that courts favor relatives over professionals, Norheim continued the guardianship, saying, “The priority ship sailed.” When Olvera’s daughter eventually defied the court’s orders and took her father to live at her seaside home in Northern California, Norheim’s supervisor, Judge Charles Hoskin, issued an arrest warrant for her “immediate arrest and incarceration” without bail. The warrant was for contempt of court, but Norheim said at least five times from the bench that she had “kidnapped” Olvera. At a hearing, Norheim acknowledged that he wasn’t able to send an officer across state lines to arrest the daughter. Shafer said, “Maybe I can.”"

Re:How the Elderly Lose Their Rights by gt_ on Tuesday October 03, 2017 @12:31PM (#15393646)
This is approximately an equivalent of "because they can". There must be a deeper explanation, or a history of the law which can give us a better understanding.
Re:How the Elderly Lose Their Rights by Retric on Tuesday October 03, 2017 @12:35PM (#15393691)
The law was written by the people who use it to exploit the elderly. This is just another case of endemic US corruption that sits behind a polite facade.
Re:How the Elderly Lose Their Rights by justin66 on Tuesday October 03, 2017 @12:50PM (#15393828)
> This is just another case of endemic US corruption that sits behind a polite facade.

Everything that happened in that case was a function of state, not federal, law.

Re:How the Elderly Lose Their Rights by Retric on Tuesday October 03, 2017 @12:54PM (#15393857)
US government is in no way limited to the federal government. State and local governments tend to be more corrupt not less.

Gerrymandering + loss of local news coverage = incredible levels of corruption get baked into the system.

Re:How the Elderly Lose Their Rights by justin66 on Tuesday October 03, 2017 @01:06PM (#15393954)
> State and local governments tend to be more corrupt not less.

That's true, but the point is that a retiree can choose where they retire to within the United States. Informing oneself about the legal risks associated with guardianship abuse in a given jurisdiction seems every bit as worthwhile as a state's tax laws or weather, topics which retirees certainly tend to take an interest in.

> Gerrymandering + loss of local news coverage = incredible levels of corruption get baked into the system.

Dammit, we've only got an inch of topsoil left!

Re:How the Elderly Lose Their Rights by lozenge on Tuesday October 03, 2017 @03:08PM (#15395128)
I really don't understand what you're saying - legalised theft is OK because people can choose to retire in a different state?
Re:How the Elderly Lose Their Rights by justin66 on Tuesday October 03, 2017 @03:35PM (#15395393)
I cannot imagine how you got that out of my comment. I think people ought to educate themselves about the laws and customs of their state and avoid the places where this stuff takes place like the plague. Or, failing that, get a really good lawyer.
Re:How the Elderly Lose Their Rights by mitochondrion on Tuesday October 03, 2017 @01:12PM (#15394024)
The federal government tends to be corrupt in ways less "shallow" and outrageous, but on a much more enormous breadth and scale.