Wednesday, December 28, 2011

The Changing Of The Guard: Guardian Abuses In America

This is the story of Viola Nero. She is a vibrant 90 year old who loves her garden and the home where she raised her children. “While others are enjoying the holidays at home, mom is forced to stay in a nursing home against her will, and the "guardian" refuses to let her take even a one hour drive with her son.” says Steve Nero, her son who celebrates the vibrancy and spirit of his mother’s life.

This is not just Viola’s story, it’s sadly the story of many seniors who have fallen victim to something we can only call “The changing of the guard”. It has become a battle of greedy malicious siblings, political blow holes and legislation that works at killing the spirit of people who are living a long and fulfilling life and systematically encroach on the lives they’ve built and take it from them. And it's all legal.

“Guardianship” is merely a legal way to deplete the spirits and belongings of the elderly who don’t have dementia or Alzheimer’s and paint them with a very broad brush by throwing them into nursing homes rendering them useless. The elderly are citizens entitled to live their lives and can share legacies and history with their children, grand children and great grand children.


“What is happening to my mother is epidemic throughout America and it must stop, but, how can we make better laws when our elected officials and government regulatory agencies ignore our phone calls, emails and refuse to meet? I am learning that justice achieved in America is obtained by PR battles, not by elected officials or courts doing what’s right.” Steve has  further implemented his fight by producing a documentary entitled "TAKEN" to bring this heart breaking legal nightmare to the forefront.




How is it that America disregards and dismisses its elderly population and has little regard for them in its communities? How did we get to this place? To live a long life and be able to impart experience and wisdom should be a celebration, not a cause to be thrown away. Ours is a culture that has literally turned its back and forgotten the elders.

For pioneers like Steve Nero who is diligently working on a law to prevent guardian abuse, this is going to be an uphill battle. But he is ready and continues to champion his cause for Viola’s law:

Viola’s Law, conceptually, stands for closing legal loopholes, holding government accountable for refusing to protect the elderly or honor their wishes; criminalizing elder financial exploitation, especially by court appointed guardians and restitution to the elderly and their family members for funds and time spent advocating for their loved ones. Most importantly, granting adult guardianship only in the most extreme circumstances. 

What other system would force you to pay someone to strip you of all personal freedoms without due process of law, then fight you in court to maintain control if you object.  By law the court appoints another court appointed lawyer, who refuses to challenge the court appointed guardian.  The senior is then billed by both lawyers is also, by law, denied the right to hire a private attorney. We need laws, to make lawyers and government - obey the law. “  This is the mantra of a son who’s heart is breaking, but who has been fighting continuously to win. To win requires everything that Steve has in his spirit: tenacity, fortitude, compassion and love.


Steve's story is one of many. It only takes hearing about them and letting others know that will raise awareness of such how horrible legal abuse.














Part of this victory against guardianship abuse requires the support of many. The type of support that is needed is not monetary; but support through emails, online networking and support  that oppose this legalized crime and eliminating future victims of such abuse.


Organization:
The National Association To Stop Guardian Abuse