Rick Black, addresses the Guardianship Improvement Task Force on August 19, 2021. Rick is a director of the Center for Estate Administration Reform (CEAR). CEAR is a not-for-profit advocate with a mission to educate and seek justice for Americans when they are threatened by the growing problem of abusive probate, trust and guardianship fraud.
CEAR’s objective is to become the front line defense against the betrayal of our most vulnerable citizens, and a powerful force that investigates those who pervert the courts and exploit the law for their own gain.
CEAR's website poses the challenge succinctly:
Though many attorneys are honest and work with integrity, in reality, the legal system does not demand honesty, and is uniquely positioned to intercept estate funds either through independent actions or through the probate court system [emphasis added]. The probate system nationwide is fully aware of the system’s shortcomings, and yet it refuses to admit how easily it can be compromised to benefit the predatory legal community — at the expense of the vulnerable public it claims to protect.The appointment of an unscrupulous guardian can happen to anyone. The practice is fully endorsed by some in the legal community who can mitigate liability or receivables risks by medical institutions, or illegally assume control of an estate. It is a problem in every state, the question being only to the degree by which it occurs.
Effective aging in place planning demands that a senior, the seniors family, and the senior's advisors understand and implement strategies to avoid and prevent abusive guardianship and abusive guardians through comprehensive planning. Only by confronting the systemic risk of avoidable and unnecessary institutionalization, can a senior hope to control where s/he ages.
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