Wednesday, June 6, 2007

The "Protected Person" is Anything but Protected by the System and the Law....

by Elaine

(This is a major concern for prolonged Guardianships that must be taken into consideration) Elaine writes extensively about this problem at her website)

When a guardianship is established, the person who the guardianship is supposed to be protecting becomes a Ward of the State.

As a Ward of the State, the "protected person" has no control whatsoever in any matter. The Ward may not choose what happens with his/her circumstances nor his/her finances.

If the Guardian decides the "protected person" should live his/her remaining days in a nursing home, even knowing the person never wanted to live in a nursing home, the person will live in a nursing home.

If the person is a millionaire and the financial guardian decides the $400 a month is enough money to be spent on the needs of the Ward, then the millionaire will live on $400 a month. The Bank, however, who puts the Ward on a budget, will bill thousands for their so called services, while restricting the Ward's access to his/her own money.

The "protected person's" family is treated by the Bank and the Court as second class, perhaps even third class citizens and are ignored whereas the financial guardian is pandered to by the Court despite having no knowledge of the "protected person's" history or wishes.

The Ward doesn't have a right to his/her own wishes or his/her own money. A convicted murderer has more rights than a Ward of the Court. The "protected person" is anything but protected by the system and the law. It's a crying shame.

No comments: