2 million lost voices: The guardianship crisis!

The state-run guardianship system, often referred to as conservatorship in certain states, is a complex and largely unregulated process that has been shrouded in mystery for far too long. Those who find themselves conscripted into this system often face the harsh reality of losing all their civil rights in the process.

Currently, an estimated 1.5 to 2 million Americans are under court control through guardianship, but the true extent of its impact remains unknown as no government entity keeps comprehensive records on those affected.

The lack of transparency and oversight within the guardianship system has created a breeding ground for financially motivated predators to exploit vulnerable individuals. The intricacies of how guardianship works and its real-life effects remain largely misunderstood by the general public.

It is crucial to shed light on this issue and advocate for greater regulation and accountability within the guardianship system to protect the rights and well-being of those under its control. By raising awareness and promoting reform, we can work towards ensuring that individuals are not unjustly stripped of their autonomy and subjected to potential abuse within this flawed system.

Established in the late 1800s, the guardianship system was designed to assist the most vulnerable citizens: the elderly and the physically or intellectually disabled. While guardianship has been beneficial to many “wards of the court,” this little-understood process can be a judicial rollercoaster from which there is seldom an escape, and which often leads to financial devastation for the ward. Each year, fifty billion dollars belonging to wards are placed under the control of court appointees, tempting bad actors. As investigative journalist Diane Dimond discovers, the number of exploitive and abusive guardianship cases nationwide demands our urgent attention.

I first learned of guardianship through a documentary, “Where is Wendy Williams?” She was placed under financial guardianship and her family was removed from her care. After speaking with Diane Dimond who wrote the book, We’re Here to Help which tells the human stories behind the headlines and shows how to avoid the risks of voluntary or involuntary guardianship I knew I needed to highlight this little-known system. Join us as we discuss how this happens and what steps you can take to avoid losing control of your loved ones.

Diane writes: It is extremely easy for a guardianship to be established. All it takes is for someone - literally anyone - to go to a lawyer and ask for a "Petition for Guardianship" to be written up. That document is supposed to spell out why the targeted person (soon to be a "ward of the court") cannot care for themselves or their finances. My 8 year long investigation into this nationwide system revealed those petitions are frequently filled with exaggerations or down right lies - and are routinely instigated by court insiders out for the ward's money. These bad actors have a network of paid "trolls" who pass on information about vulnerable people they can target with a petition to the court. What might be of most interest to your listeners is the fact that these trolls operate in hospital emergency rooms, geriatric doctors offices, the offices of psychologists and psychiatrists, they work for dentists and those who service the physically disabled. They have also been found working at senior centers and within Adult Protective Services departments. When a troll discovers an elderly person, or someone with an emotional or physical disability (preferably someone with money!) they pass on the person's private contact information to the lawyer/guardian/conservator and that person takes it from there. They can either get the target to sign a paper giving them 'permission' to file for guardianship or they can just go file a petition on their own - and the targeted person (and their family) usually has no idea that there is a legal proceeding underway. Then it's too late, they are trapped.

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