Broadcast tells of probate court appointing questionable guardianships

 

The actions of probate courts (or other courts handling probate matters) are becoming increasingly controversial due in part to guardianship actions which functionally transfer control of a person's life and property to a court-appointed
administrator.  KDFW, FOX 4 in Dallas/Fort Worth, aired an important story about Jean and Michael Kidd of Richardson (TX) whose lives have been overtaken by a Collin County probate court. 

Court-appointed guardianships are a growing trend.  According to The Texas Probate Web Site, guardianships are defined as:

a court-supervised administration for a minor or for an incapacitated person.  A person -- called the guardian -- is appointed by a court to care for the person and/or property of the minor or incapacitated person -- called the ward.  In some other states, guardianships are called conservatorships, but in Texas they are called guardianships.

A minor is a person younger than 18 years who has never been married or who has not had his or her disabilities of minority removed by judicial action.  A minor is considered an incapacitated person.  An adult who, because of physical or mental condition, is substantially unable to provide food, clothing or shelter for himself or herself, to care for his or her own physical health, or to manage his or her own financial affairs is considered an incapacitated person.  The definition of incapacitated person also includes a person who must have a guardian appointed to receive funds due the person from any governmental source.

Today's seniors with their accumulation of wealth are an especially attractive population segment, but probate exploitation and estate thefts increasingly impact Americans of all ages.   These Involuntary Redistribution of Assets (IRA) actions use wills, trusts, guardianships and sometimes powers of attorney to loot assets of the dead, disabled or incapacitated.

With guardianships, a person loses control of their individual liberty as well as their property.  While guardianships are often associated with the elderly, the mentally or physically disabled or anyone incapacitated via illness or injury can also be subjected to this status.  Family members may serve as guardians, but a new industry has evolved and been in a growth mode as courts increasingly elect to use professional guardians.    

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