EXPLOITATION OF ELDERLY LOVED ONES BY MASSACHUSETTS PROBATE COURT-APPOINTED OFFICIALS
Elderly loved ones have been placed under court appointed guardianship and/or conservatorship by a Probate Court in any county of Massachusetts.
THIS ALERT AFFECTS:
Husbands, wives, adult children and other close relatives of an elderly person declared to be incapacitated by a Probate Court of this Commonwealth who have and/or are enduring a Probate Court appointing a third-party known as a “guardian” and/or “conservator” to make personal and financial decisions for the elder as a “ward” of the Commonwealth.
WHAT’S THE ISSUE:
Appointment of a third-party guardian and/or conservator by a Probate Court judge of the Commonwealth declaring an elder to be incapable of making his or her own personal and financial affairs means the elder has lost ALL right to make these decisions of their own accord-such as: medical decisions, rights of association, where to reside, estate planning, voting, etc.
REDFLAGS OF PROBATE COURT EXPLOITATION OF ELDERLY WARDS:
- Guardian and/or Conservator disregards prior executed written durable power of attorney, health care proxy, and other advance directive instruments.
- Guardian and/or Conservator exclude existing family members from decision making.
- Guardian and/or Conservator refuse to keep family members informed about decisions made.
- Guardian and/or Conservator refuse to provide financial information about expenses, billing for services, etc.
- Unusual activity regarding Medicare/Medicaid.
- Facilitation of elder being prescribed antipsychotic drugs such as: Seroquel, Risperdal, Zyprexa and the like.
- Guardian and/or Conservator changes a financial instrument ownership to his or her own name.
- Guardian controlling who can speak with and visit the elder.
- Guardian taking steps to have elder isolated from family members and friends.
- Guardian and/or Conservator defaming family members.
- Guardian and/or Conservator inciting or causing friction amongst family members.
- Guardian and/or Conservator intimidating family members for questioning or challenging actions of guardian and/or conservator.
- Guardian removing elder from home to a nursing home or other permanent facility.
WHAT YOU CAN DO ABOUT IT
The purpose of this investigation is to determine the viability of a class action lawsuit to seek redress for exploitation of elders by Probate Court officials on behalf of Massachusetts citizens who have encountered this type of exploitation. To reiterate, this is strictly an investigation because Belanger Law first needs to hear from people who have experienced these issues to determine whether a class action is possible. Any information provided may help getting a law suit filed—so please reach out and share your story by providing the following information: