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Medical whistleblower human rights defenders-guardianship abuse


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  • Guardianship. Any law that removes a person's inalienable Constitutional rights will be abused by unethical attorney's, judges, and others that use guardianship as legal identity theft.
    The Mental Disabilities Advocacy Center, MDAC, is calling 'for a shift away from the arbitrary removal of legal capacity of people with disabilities, towards the adoption of national policies and laws which will make assisted and supported decision-making a reality.
    What is MDAC calling for?
    A legal protection of autonomy.
    No plenary guardianship.
    Introduction of supported decision-making, advance directives and enduring powers of attorney.
    No link between legal capacity and subsequent loss of rights (right to property, family life, work, vote etc.)' -MDAC
    Each State's guardianship laws are replete with protective stipulations, however, these protective measures are what makes anyone think that more legislation will help the victims of guardianship. Guardianship victims do not enjoy the human, civil/constitutional rights and protection afforded to Americans by our Constitution so it is time to replace these archaic guardianship laws with 'a world of equality – where emotional, mental and learning differences are valued equally; where the inherent autonomy and dignity of each person is fully respected; and where human rights are realized for all persons without discrimination of any form.' -MDAC
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Medical whistleblower human rights defenders-guardianship abuse

  1. 1. Human Rights Defenders Guardianship Abuse in U.S.A. Medical Whistleblower Advocacy Network
  2. 2. No Meaningful Protection• In the U.S.A. there is little meaningful protection of mandated reporters of child abuse and elder abuse• No governmental agency is empowered and financed to provide witness/victim protection
  3. 3. Retaliation against HumanRights Defenders• Mandating professionals to report and then not protecting them with they do report – means that ethical, competent professionals face retaliation
  4. 4. Whistleblower Protection• Although governmental agencies are supposed to protect whistleblowers they seldom do• Whistleblowers almost uniformly loose their jobs when blowing the whistle then face long term legal battles to obtain their own rights back
  5. 5. Medical Professionals• Medical professionals who report abuse often blacklisted and may permanently loose medical licenses• Therapists and psychologists who report also will suffer professional blacklisting and professional retaliation
  6. 6. Court Ordered Guardianship• Court Ordered Guardianship for vulnerable children and adults• No monitoring of guardians• Many courts don’t require guardian reports• Information in reports not verified
  7. 7. For-Profit Guardians• A growing trend of for-profit guardians – entrepreneurs who utilize court ordered guardianship to maximize profits and income• Work collaboratively with others• Manipulate the court process• Coerce vulnerable victims
  8. 8. Emergency Guardianships• Emergency Guardianships allow abusers to gain legal and physical control of wards without due process and without notice to ward or to the ward’s family
  9. 9. Falsified and Perjured CourtTestimony• Fabricated testimony of dangerousness and even perjured court testimony is routinely tolerated by the courts• Lack of notice to the ward and his/her family allow little chance to refuse allegations
  10. 10. Guardianship Monitoring• No eyes and ears on the ground for the Judge• No verification of information in reports submitted to the court• No standard auditing of guardianship reports• Many cases of outright fraud and abuse in court documents
  11. 11. Courts Overwhelmed• Court system overwhelmed with the increasing numbers of guardianship cases• Judges want to spend as little time as possible• 5 year plans with permanent guardianship preferred by court
  12. 12. Guardianship Abuse• Once legal control over the ward is established the ward is stripped even of his/her right to request investigation from law enforcement agencies or from even the US Congress• The legal surrogate even votes for the ward• The ward has no civil legal rights
  13. 13. Guardianship Abuse• Family members and friends watch in horror as they can not stop the process and have no legal rights• Mandated reporters are silenced with retribution
  14. 14. Law EnforcementInvestigation• Law enforcement agencies do not investigate if treatment is court ordered and approved by court appointed legal guardian• Title 42 violations and Medicaid Fraud are ignored because treatment is court ordered
  15. 15. Abusers have Impunity• Abusers are protected by governmental immunity from prosecution & US Attorneys won’t open investigations• Local and State statutes do not protect wards• Medical Privacy – prevents transparency and accountability
  16. 16. Case 1 - Nebraska• Male, 50 years old• Schizophrenia• Married, wife Durable Power of Attorney• Lived independently within the community with his wife for decades• Valid doctor/patient relationship with local MD
  17. 17. Case 1 - Nebraska• Suddenly emergency guardianship• Court Ordered treatment in lock up facility• Excessive medication – chemical restraint• Wife restricted from contact – only allowed to visit inside locked ward - supervised
  18. 18. Case 1 – Nebraska• Use of court ordered guardianship has permitted extensive billing for residential treatment and care• Previous cost to taxpayer was $500 per month plus a few mediations• Now cost $6,000 per month plus increased pharmacy costs
  19. 19. Case 1 – Nebraska• Patient now ward of the court• Doctor of the facility – proxy medical decision maker• Facility can enroll all residents into pharmaceutical drug trials• Ward court ordered to any drug treatment – no legal right to object
  20. 20. Case 1 – Nebraska• Court ordered guardianship allowed the facility to force a person younger than 62 into lock up care – with Medicaid paying the bill• Death do us part – control over the ward’s medical and financial affairs
  21. 21. Case 2 – Colorado• 28 year old Male• Victim of shooting – PTSD• Outspoken citizen whistleblower against the pharmaceutical industry• Testified to US Food and Drug Administration• Living independently not under therapeutic care
  22. 22. Case 2 – Colorado• Anonymous complaint of dangerousness• Sudden “intervention”• Forced hospitalization• Emergency guardianship• Forced drugging – until unable to speak or communicate• Held incognito from family
  23. 23. Case 2 – Colorado• State of Arizona attempting to make him ward of state• Family refused communication and not informed of guardianship proceedings• Court ordered treatment• Held 18 months while force drugged
  24. 24. Case 2 – Colorado• Now “addicted” to psychotropic medications• Can’t be taken off without medical supervision and extensive care• Ward had legal rights removed• Court ordered strangers now surrogate decision makers
  25. 25. Case 2 – Colorado• Family not permitted input into medical decisions• Proxy medical decision maker decides to put ward on Saphris• FDA alert warnings about Saphris – never discussed with ward or family
  26. 26. Case 2 – Colorado• Ward is chemically restrained with excessive amounts of antipsychotic medications• Doctors unresponsive to mother’s concerns• Surrogate decision makers create hostilities between family members in order to manipulate court guardianship
  27. 27. Case 2 – Colorado• Ward is now “addicted” to medications that he actively and publically advocated against• Ward now is in permanent guardianship and life long treatment with psychiatric medications – controlled by the doctor/proxy
  28. 28. Case 2 – Colorado• Ward is under 62 years of age but because treatment is court ordered – Medicaid is now being used to pay his extensive medical bills• Targeted case management is also paid by Medicaid – its goal to keep ward taking medication
  29. 29. Need for GuardianshipMonitors• In the USA we need an independent system to do guardianship monitoring• Independent• Unbiased• Volunteer• Trained by courts in human rights, civil/constitutional rights and court process
  30. 30. Medical WhistleblowerMedical Whistleblower Advocacy NetworkP.O. Box CLawrence, KS