Isolate, medicate, liquidate: senior “guardians” make millions by keeping seniors in a virtual prison

At face value, senior guardianship is a great concept with the wellbeing of seniors in mind. It’s a legal ruling appointing an individual as guardian for those experiencing physical or cognitive health problems.

This guardian is expected to do everything necessary to assist and maintain a healthy, safe lifestyle for whom he’s appointed to care, including taking care of their physical, mental, medicinal and financial needs. This is strictly meant for situations where an individual is unable to care for herself and would have a better quality of life if someone made decisions on her behalf.

A number of entities can petition the courts for appointment of a senior guardian. The senior herself could request the courts for a guardian or even her spouse, partner, friend, or relative.

There are several advantages that such a system brings. The senior’s children might live too far away to provide regular care. Appointing a guardian would provide constant support that these children may not be able to provide themselves.

Senior guardianship can also provide a secure support system for ad-hoc requirements, of both medical and non-medical nature. With the kind of nuclear family life that we now see, the sheltering umbrella of a house full of aunts and uncles, cousins and siblings is no longer available to many of us. A guardianship for parents who want their independence from children or who stay too far away for the children to be present at all times could be a godsend.

If truly enacted in the best interests of the senior, the guardianship system is a very useful thing that could improve the quality of life for many older Americans.

But the reality of senior guardianship is far from that ideal.

This well-intentioned law is often mercilessly exploited to line the pockets of guardians at the expense of the senior they’ve promised to protect. Most concerning are the requests that come from other agencies–not the individual or their family and friends–petitioning the courts to obtain an order for guardianship.

The crux of the concern is financial misappropriation might be the driving factor in someone taking over senior guardianship. Many seniors manage to save a tidy sum at the time of their retirement, and it’s this nest egg that’s often the target of those who claim to be a care-giving guardian for the senior. These guardians are given almost unlimited rights to make all financial decisions. They can even sell off property and other assets and keep the proceeds.

That is the magnet that attracts these so-called guardians to the frail and elderly. There are countless horror stories about guardians have stripping their wards of dignity, their physical and mental well-being, and their assets, leaving them in a worse state than when they took over guardianship.

When even family members don’t think twice about stabbing a relative in the back to gain financially, how much trust could one place on third parties that they will act only in the best interests of their wards?

And when it comes to determining who is and is not in need of a guardian, courts often rely on the word of “friends,” “family,” and those seeking to gain guardianship of an individual to make a guardianship determination.

At a certain age, a little bit of memory lapse and physical weakness are natural. But what if an unscrupulous agent uses these natural symptoms of aging against us to gain control of our lives, our belongings, and our finances? There have been far too many cases of seniors who have been diagnosed unfit to care for themselves based on the creative interpretation of these symptoms by an enterprising abuser.

So what happens when a predator successfully achieves guardianship over a senior victim?

Summarily handed a court order for guardianship, victims are asked to move at very short notice to places chosen by those guardians. Those places may seem to have several amenities, but they snatch away the independence and self-respect of the seniors placed there.

Their lifestyle is changed to fit in with the guardian’s schedule, their medications may be changed to their detriment, and contact with their children and other family members could be strictly regulated to prevent the victim’s family or loved ones from sniffing out the abuse–and to keep the victim totally dependent on the abuser.

Some of the biggest blows victims receive are on the financial front. The court order allows the guardian to charge their fees from the estates of the wards, allowing bad guardians to make excessive additions to their “fees” and withdrawal unseemly amounts of money from the victim’s estate. They’ve even been known to bill their victims for telephone calls or face-to-face conversations as extra “patient care.” The victim’s assets are often sold off under the guise of taking care of the financial interests of the ward.

Sometimes senior guardianship is a ruse used by family members to wrest control of the victim’s finances. Family disputes have long been a part of our society, and senior guardianship sadly provides the perfect tool for families to settle personal scores or usurp financial control of properties and assets.

Do the family of the ward or the wards themselves have any recourse to correct these wrongs, either legal or otherwise? In theory, yes. But courts generally tend to take the view that the guardian appointment is the last recourse, and any change from that arrangement would be to the detriment of the ward.

So, an appeal usually has the opposite effect, and instead of agreeing to revoke the senior guardian, the courts usually ask the sheriff or a similar authority figure to take steps to ensure that the legal guardian is given all access and cooperation.

Thankfully there are many organizations pooling their resources to fight this often unjust system., involving citizens, activists, and judges working to ensure senior guardianships are not awarded under false pretenses.

But it’s an uphill battle. The guardianship industry is well entrenched, and with so many people involved in the process–judges, advocates, medical practitioners, special care professionals, pathological labs, even law enforcement agencies–there’s a lot of room for abuse and plenty of places for someone with an impactful role in influencing a judge’s decision to drop the ball.

Personal bias, complete misinterpretation of a senior’s behaviors, or a failure to recognize the signs of a potentially exploitative situation can and do occur at every level of diagnosing and determining a person’s need for a guardianship.

The situation can sound hopeless, but all is not lost yet. There are ways this type of abuse can be controlled, if not uprooted altogether. There are three ways to combat guardianship exploitation: judicial activism, proactive documentary awareness, and family support.

Judiciary awareness: A special set of judges are appointed for deciding guardianship cases. These judges get elected to office and are re-elected at the end of their term–and one need not look far for information about how their judges handle cases like these.

It’s the responsibility of each state’s citizens to be aware of who their judges are and what their reputations may be regarding issues of senior guardianship (and any issue, for that matter). Ultimately, these judges are beholden to all of us to exercise their authority in a satisfactory manner.

Should a judge be lacking in their duties to suss out predators and issue fair rulings on matters related to seniors, no one who believes in protecting the rights of seniors should ever be willing to vote for him. Stay involved, stay aware, and be willing to exercise your rights to ensure those charged with making serious decisions for citizens in your state are the right candidates for the job.

Documentary awareness: Several organizations are pushing their senators and judiciary to do away with state laws allowing unlimited rights to senior guardians. But that’s like trying to correct a wrong already done.

There are some things that an individual can choose to do in advance before he may need a senior guardian. That includes several documents that the he can have created prior to the onset of any health problems. A basic will specifying all the assets and how they are to be distributed after death can also contain certain clauses regarding who would be authorized to take financial and other decisions even before death.

There are documents like medical power of attorney, joint ownership of assets, trust funds, and even documents that can safeguard the passwords for important files or for computers and phones. The individual could also enter into a written agreement to co-opt someone whom he trusts to provide supported decision-making for important issues.

Like a medical power of attorney, an agreement could also be entered into to designate a particular person for geriatric care.

But the difference between these documents and the senior guardianship granted by courts is the guardianship is often granted ex-parte (in the absence of the ward), whereas these other documents are initiated by the individual himself, so they can’t be imposed on the individual by a court.

Family support: As with any senior abuse, the whole family should stand united to protect itself against unwanted senior guardianship rulings.

People should be not only visiting their parents often, but must be documented doing so. Records must be created of their visits or by having witnesses while visiting. Any doctor visit for any of the usual age-related problems should be made in the company of children or other relatives, and careful attention must be paid to what the doctor is writing in his diagnosis or prescription.

Any kind of loose talk in front of third parties (like “my Dad really seems to be losing it,” for example) should be avoided–off-the-cuff remarks made in jest have been quoted out of context in guardianship courtrooms to prove that a senior really needs help.

As long as the judges and all the authorities in this vicious cycle continue to turn their heads the other way, seniors will continue to live under the threat of losing their good health, mental peace, and financial freedom to the guardianship industry.

While this lobby seems to have spread its tentacles well and truly around our society, there is light ahead. Awareness of this legal loot is increasing, and people are waking up to the dangers of the senior guardianship system. It’s incumbent on us, who have understood the real face of senior guardianship, to educate others who still labor under the impression of its benefits to older Americans.

Seniors looking to save money on pharmaceuticals may be receiving dangerous counterfeit medicines

In recent years, Big Pharma has come under fire for steadily rising prescription medication prices.

Value-based pricing on medications considered indispensable by health workers and the World Health Organization mean the sky’s the limit on prescription drugs that may in reality cost only a small fraction of the price tag to manufacture.

But how much can a drug-maker charge for a medicine a consumer quite literally can’t live without?

Often, the answer is far more than many of those on a fixed income can sustainably afford–especially as the cost of living rises, COLAs stagnate, and new health concerns pop up with time.

These challenges lead many seniors to seek out vital medications via non-traditional sources promising the same quality product for extremely reasonable prices.

Sadly, it’s often the case these “pharmacies” can offer such amazing deals on brand name prescriptions because what they’re selling contains only a small amount of the active ingredient. Or what they’re selling isn’t the medicine at all.

Welcome to the wide world of counterfeit pharmaceuticals and fake pharmacies. Just search for any medication online and you’re sure to see page after page of online pharmacies offering that medicine for cut-rate pricing.

But according to, only 3% of the pharmacies you’ll find online are legitimate.

You may find one of these bogus pharmacies searching around online yourself or they may send you an email advertising a few name brand drugs for incredibly cheap to entice you.

Once you’ve navigated to their site, they may boast their certifications, their licensed pharmacists, access to “international drugs,” or the ability to provide drugs without a prescription or write the prescription via live chat with a doctor.

But all of these “bonuses” should look more like red flags:

  • Certifications? In the U.S., if they aren’t certified by the National Association of Boards of Pharmacy? They aren’t certified at all.
  • Licensed pharmacist? What license? And for that matter, many of these “pharmacies” claim to be Canadian. In Canada, it’s illegal for a pharmacist to prescribe a medication to a foreigner. This is something a licensed pharmacist certainly would never do.
  • “International drugs” means drugs the FDA hasn’t approved. These are potentially dangerous and definitely unpredictable. Steer clear.
  • No doctor who wants to keep his license to practice medicine will prescribe medication to a patient he hasn’t examined. Live chat does NOT constitute an exam. Similarly, would you trust a pharmacist who fills prescriptions without the prescription? Probably not.

In reality, this pharmacy is not a pharmacy. The doctors aren’t doctors. And the pharmacist is not a pharmacist. In all likelihood, the drug you’re about to pay for isn’t the drug you think it is.

Counterfeit medicine manufacturers often operate in clandestine and unsterile conditions. The people making the drugs have absolutely no training in biology, chemistry, or healthcare of any kind. Their ingredients may be somewhat like those in the legitimate medication–there might be a fraction of the actual active ingredient in the dupe–or it will be a total knock-off.

In these latter cases, the pill you take can be a total placebo, or worse still, a cocktail of potentially harmful ingredients mixed together by an amateur and prescribed to a patient with absolutely no knowledge of her medical history.

The ramifications can be horrific. Suppose in an effort to be thriftier with her benefits during retirement, someone turns to these pharmacies for crucial heart medication. Weeks after taking what was promised to be a quality medication, her condition worsens. It then turns out later she was taking a fake pill and her heart condition went totally untreated.

The FDA warns of the over 10,000 pharmacies online advertising cheap medicine, just over 9,700 are operating illegally. They’ve officially deemed fake pharmacies and counterfeit drugs a serious health threat:

“Buying medicines from rogue online pharmacies can be risky because they may sell fake, expired, contaminated, not approved by FDA, or otherwise unsafe products that are dangerous to patients,” FDA Commissioner Margaret Hamburg, MD, said.

And the fake pharmaceutical racket is showing zero signs of stopping.

For your own safety, don’t respond to emails and advertisements offering cheap medications online. Always acquire your prescription medications via a trusted healthcare professional after you’ve consulted a doctor face-to-face.

Medicare and prescription drug scammers taking advantage of seniors

Massachusetts Attorney General Maura Healey wants seniors to be on guard for scammers looking to bilk money and personal information from older Americans and Medicare beneficiaries.

The Consumer Resources section of the website sounds the alarm on a variety of scams and identity theft tactics used within the state, but among them is a warning bulletin on Medicare scams acutely targeting senior citizens.

But even if you aren’t a resident of the Bay State, Medicare scams, like many scams affecting seniors, are only increasing across the country, so it’s wise to be on the lookout no matter where you live.

According the site, though these scams come in a few different flavors, most rely heavily on social engineering techniques to convince a victim to provide sensitive information for the purpose of identity theft.

These con-artists will call, mail, or otherwise contact their victims with bogus credentials, phony official documents, and say anything they need to convince the target to give up information–including threatening the target with loss of Medicare benefits if he doesn’t sign up for a drug benefit and promising prizes or money for signing up to some new drug plan.

The problem is those taken in by these scams don’t know Medicare will NEVER call and ask you for your personal information–nor does your enrollment in Medicare prescription benefits affect your other benefits one iota–and they don’t know promising cash and prizes for enrolling in a drug plan is highly illegal.

Just knowing these simple facts, however, could spare the next potential victim from financial heartbreak.

The Attorney General’s official website offers several ways you can spot a Medicare scammer before you’ve been taken for a ride, as well as some of the most common ways Medicare scammers try to take advantage of seniors.

The CDC declares senior financial abuse a public health crisis


The U.S. Centers for Disease Control and Prevention (CDC) is known for its fight against major diseases. Now, it’s turning its attention to another public health concern: widespread senior financial abuse.

In a word, the increasing financial abuse of seniors is epidemic–though unlike an outbreak of disease, there isn’t any definitive strategy to contain and eradicate it. Up until now, there hasn’t even been a clear-cut definition of what constitutes senior financial abuse.

But this kind of exploitation ultimately has serious health ramifications for its victims, forcing the CDC to formally declare senior financial abuse a danger to public health:

“The need to address financial fraud and exploitation has not been a traditional area for public health focus, but increasingly, the potentially devastating effect–on physical, mental, and financial well-being–is being recognized. In many cases, exploitation occurs at the hands of family members or caregivers, creating further devastation for the individual being exploited.”

The CDC pays particular attention to seniors experiencing some form of cognitive decline or impairment–these people are heavily at risk for financial abuse at the hands of someone they trust.

Among the far-reaching effects of financial exploitation are:

Emotional and psychological damage: stress, anxiety, depression, insecurity, fear, shame, anger, mistrust, diminished self-value.

Financial damage: a victim can lose the ability to afford his home, medication, adequate nutrition, therapy and medical treatments, and even become unable to afford to hire legal counsel or assistance should he choose to pursue recourse against his abuser.

Physical damage: lack of access to vital health services, good nutrition, and a comfortable home coupled with a constant state of psychological turmoil translate into poor physical health quickly–even young people with these problems can develop serious chronic health problems, putting themselves at risk for heart attacks, stroke, memory-related illness, diabetes, stomach ulcers and digestive disease, high susceptibility to colds, flus, and other viruses, insomnia, and chronic body pain.

In taking the first major steps to define and recognize senior exploitation as a very real health concern, the CDC hopes to begin measuring both its spread and the impact it has on our society, ultimately taking action to put a stop to it.

The CDC joins the effort of medical professionals and watchdog organizations already fighting for stronger regulations holding financial institutions legally accountable when red flags of financial abuse are present, and preventing them from putting their own interests ahead of their senior clients.

But experts say working toward effective fraud monitoring is only half the battle. Families are the first line of defense for their senior members–the most effective layer of protection rests with children and grandchildren who are active in their senior family members’ lives and learn to recognize the warning signs before the exploitation goes further. Judith Shaw, Maine’s securities administrator stresses in a recent Politico article:


“If my great-grandparents needed something they could turn to my grandparents, or my parents, or my aunts and uncles. Those types of communities are becoming more and more rare. That social isolation contributes to making our population more vulnerable… If I had one wish, it would be that we all call our parents at least as frequently as the scam artists do.”