From Washington
July 3, 2011
Please read this link and think about your parents, yourself and your friends.
Guardianships have to be banned. You don’t have to be elderly or a disadvantaged child, you may be ill with cancer or even a heart condition, traumatized by the loss of a child, a spouse or a parent. If you take everything away from someone there is nothing left to live for.
markedfordestruction.com
APS petitioned for the guardianship in my grandmother’s case at the request of the assisted living facility that she wanted to move out of. She had a trust, financial POA and a medical POA. I was not notified prior to the state petitioning.
Any person or business can petition to have a guardian appointed for you.
In a guardianship you can lose the following rights:
- To vote or hold an elected office,
- To appoint someone to act on your behalf and that includes legal representation,
- To enter into a contract or make or revoke a will,
- To posses a license to drive,
- To buy, sell, own, mortgage or lease property,
- To consent to or refuse medical treatment,
- To decide who shall provide your care and assistance (including your spouse and/or family,
- To make decisions regarding social aspects of your life including if you are allowed to see friends or family.
An attorney will run you tens of thousands to defend. If you are elderly it is more than likely you will be appointed a guardian. In Washington State, family is basically disqualified and a professional guardian is appointed. There are thousands of guardian horror stories out there. This has to be stopped. In my grandmother’s case she can not go to lunch but her guardian is lunching on her $250,000.
You worried about CPS, now you have APS but it’s your life you are fighting for.
Any person or entity may petition for the appointment of a qualified person, trust company, national bank or nonprofit corporation authorized in RCW 11.88.020 as the guardian or limited guardian of an incapacitated person. No liability for filing a petition for guardianship or limited guardianship shall attach to a petitioner acting in good faith and upon reasonable basis.
By definition an incapacitated person under Washington State Law means a person who is at significant risk of personal or financial harm. Demonstrates the inability to adequately provide for nutrition, health, housing or physical safety and/or the inability to adequately manage property or financial affairs. “Incapacitated” is a legal decision not a medical decision. That means technically my 22 year old is an “incapacitated person” he is not disabled but he is in college studying to become a physician dependent upon his parents and grandparents for health care, housing and handling of financial affairs. So anyone can be judged incapacitated and the older you are the more likely you become dependent on others.
The attorney general may petition for the appointment of a guardian or limited guardian in any case in which there is cause to believe that a guardianship is necessary and no private party is able and willing to petition.
Even if your family doesn’t believe you need a guardian and therefore your not willing, the state can do it anyway.
In one case according to a federal study a taxi driver petitioned for a guardian for an 87 year old man and embezzled $640,000.
markedfordestruction.com
Choice of medical treatment, care and decisions are one of the main things you lose. They will not tell grandma the medications she is on and they will not allow her to seek a second opinion.
RCW 11.92.190
Detention of person in residential placement facility against will prohibited – Effect of Court order – Service of notice of residential placement.
apps.leg.wa.gov
No one will enforce this law. Not DSHS, not the Judge, not the police or the sheriff, not RCI investigations, not our legislators. I am told she loves the dementia ward, I ask “why does she call me everyday begging to get out” the court ordered assessment of her home living with my mother was “home was clean, Aileen appeared well fed, clean and content” she was receiving Gentiva services; physical therapy, occupational therapy, bathing assistance, nursing and nutritional advice. Now she is locked in a dementia ward with no therapy. Her professional guardian thinks it’s good for her, of course he has only been to visit her once in 60 days.
I have been contacting everyone I can to get her out and I can’t. This has to stop.
If you have a disadvantaged child, they already have it covered. Parents of disadvantaged children have been fighting professional guardianships for years, as a parent you no longer have the right to care for your child, protect them and love them. It’s now the guardian’s job and your voice may simply go unheard.
This is very serious if you were worried about Obama care and the death panels, then don’t, they already have the system in place to dictate the care you will receive and when you will die.
It is time to ban guardianships, there has to be a better way to care for our loved ones.
Thank you for your time and attentions.
Dena Schneider
PO Box 1926
Lynnwood WA 98046
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 Estate of Denial® provides news, analysis and commentary on abusive practices occurring in probate courts and via probate instruments (wills, trusts, guardianships, powers of attorney). We provide original perspective to educate the public regarding this growing threat to both individual freedoms and property rights.
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