What is Guardianship and Conservatorship?

Ten Reasons People Get Railroaded Into Guardianship

Supported
Decision-Making

Links to Our Most Read Pages on NASGA

NASGA’s Goals

To protect the civil/human rights – life, liberty and property – of vulnerable persons described as “incompetent” and made wards of the state in unlawful and abusive guardianships and conservatorships;

To end financial exploitation of their wards’ assets by court-appointed fiduciaries who, instead of conserving them as required by law, force previously financially able wards onto Medicaid at Taxpayer expense;

To be a support organization for families fighting court-appointed “protectors” who permit due process and other violations of law to occur, including physical and mental abuse and isolation; and

To obtain reform – through outreach, education and advocacy – by meaningful amendment of existing statutes and increased penalties against violations of law.

Remembering Our Victims

Good Law – Gone Bad

The purpose of the law – known both as guardianship and conservatorship is to

GUARD” and “CONSERVE

* To GUARD “incompetent”* people against harming themselves or others;
* To CONSERVE their assets and property (by means of prudent investment); and
* To PROTECT the taxpaying public from those individuals becoming “public charges.”

The harsh reality is that “Guard and Conserve” has turned into:

Over the years, guardianship law has been misapplied, misused, and sometimes just plain manipulated, until it has become a threat to the health and wealth to our elderly and disabled citizens.

Unlawful and abusive guardianships and conservatorships can ensnare the most vulnerable people in a larger and larger trawling net, now including those merely physically “incapacitated”!  Adult guardianship has become a feeding trough for unethical lawyers and other “fiduciaries” appointed by the courts to protect, but many of whom become nothing more than predators.

Wards in these circumstances, instead of being protected by the system, are victimized by it. Strangers are often given total and absolute control of life, liberty, and property of their wards, including:

Wards are left defenseless and subject to exploitation by the very people chosen to protect them; they become invisible and voiceless.

How Wards are becoming victims: Instead of being protected by the system, wards are victimized by it. Strangers are often given total and absolute control of life, liberty, and property of their wards, including:

  • the right to contract, including the right to choose a lawyer;
  • the right to control their assets and make financial decisions;
  • the right to remain in their own home and protect it from sale;
  • the right to protect and enjoy their personal property;
  • the right to choose where to live;
  • the right to accept or refuse medical treatment, including psychotropic drugs;
  • the right to decide their social environments and contacts;
  • the right to assure prompt payment of taxes and liabilities;
  • the right to vote;
  • the right to drive;
  • the right to marry; and
  • the right to complain.

Help Put a Stop
to Guardianship Abuse

Together, we can make the difference

Disclaimer

Please note:  Not all judges are bad, nor all attorneys, nor all guardians.  NASGA does  not paint these professionals with a wide brush.  We applaud the good guys – those who take pride in their profession and those who vigorously and zealously defend the rights and wishes of guardianship and conservatorship wards and their families who are in unlawful or abusive situations.   And we know and appreciate that there are plenty of good guys out there!   We have personally heard from many of them and hope to hear from many more!

Nor is NASGA  anti guardianship; guardianship is a necessary law.  Our mission is to reform, not abolish.

We are not lawyers, and we do not give legal advice nor do we give lawyer recommendations; instead, we work to reform the broken system.

Recent News, Articles, and Events

RSS Topics of Interest

  • Indiana: Power of Attorney May Trump Guardianship Order
    An elaborate court ruling that sought to bring family harmony by appointing each of six siblings as co-guardians over a specific area of their elderly mother’s life may have hit a sour note because of a 12-year-old power of attorney which remains valid.The adult children of Helen Kinney Morris, 89, divided into factions over disagreements […]
  • California May Soon Push Mentally Disabled People to Kill Themselves in Assisted Suicides
    California’s new assisted suicide law, or End of Life Option Act, may be revised to allow patients “with significant intellectual disabilities” to request assisted suicide, Angelus reported. The doctor-prescribed suicide law passed in October 2015 in California and took effect in June.It allows doctors to prescribe lethal drugs to mentally competent patients who are diagnosed […]
  • What We All Carry: Kathy Greenlee's Final Speech As Assistant Secretary of Aging and ACL Adminstrator
    On the topic of dignity ASA Greenlee said:As I think about our programs and the people we serve, I’m always mindful of the values that run deep within us. I think we carry Dignity as well as anyone I know. The fundamental understanding and acknowledgement of the dignity and worth of every human being is […]