Janet Phelan, Activist Post
Recent admissions by government agencies pledged to provide oversight for those handling the affairs of the most vulnerable of American citizens -- the elderly and disabled -- point to systematic 'cover' being granted professional conservators and guardians. The degree of 'cover' provided those pledged to care for the elderly and infirm could be seen as providing absolute immunity for acts of criminal misconduct.
Guardianships (also called conservatorships in some states) are generally initiated through court proceedings when there are allegations that a person is lacking capacity and unable to care for his own affairs. Upon the appointment of a guardian, the alleged incapacitated person may lose all access to his property and assets and may also lose the rights to make his personal decisions, such as where he will live, whether or not he may see family and friends and whether or not he will receive medical treatment.
He also generally loses the right to hire an attorney to defend against this grave revocation of rights. It must be stressed that these guardianships are launched on allegations alone, and no proof of incapacity may be provided or required.
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He also generally loses the right to hire an attorney to defend against this grave revocation of rights. It must be stressed that these guardianships are launched on allegations alone, and no proof of incapacity may be provided or required.
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