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Abusive guardianships of the elderly

When New York residents become incapacitated and unable to make decisions for themselves, the probate court may place them under guardianship. While a guardianship is beneficial for some people, others are handled abusively, leaving families trying to figure out what to do about it.

An example of an abusive guardianship was the one involving Brooke Astor, the philanthropist. Her grandson learned that she was not being given her prescription medication and was being isolated from family and friends. He petitioned the court to remove his father as his grandmother's guardian, and it was learned that his father had stolen significant amounts of money from her estate.

Unlike the family members of Mrs. Astor, most people do not have the same type of financial resources needed to fight a case through the protracted court process it could turn out being. The Americans Against Abusive Probate Guardianship surveyed families nationally in 2015. Ninety percent of those who responded reported that the judge in their loved one's case was not acting in a manner that was in their family member's best interests. Eighty percent believed the judge was influenced, and 70 percent thought retirement homes where their loved ones were placed were not acting in their family member's best interests.

When an abusive guardianship is suspected, people may petition the probate court to be added as an interested party. They may also petition the court to remove the guardian if they have evidence the guardian is committing financial abuse. People may want to consult with an attorney who has experience with these types of matters for advice regarding the steps they might take in their loved one's case.

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