Reaction to Macomb Daily court reporter, Jameson Cook’s story about a retired chiropractor’s escape from guardianship on the Macomb Daily website was swift and celebratory but also rift with examples of guardianship abuse throughout the country amidst our society’s most vulnerable.
“Congratulations to Mr.Chism and his family,” wrote Joe Roubicek. “He is no longer considered property or legally dead under the fraudulent STATE laws of Guardianships…” Moments after his guardianship was lifted, James Chism, 75, of Clinton Township, a long-time Macomb County chiropractor, smiled as he walked out of Macomb Probate Court in Mount Clemens – but declined comment.
“He’s made remarkable progress,” said his attorney, Patricia Patterson-Courie. “He’s got his driver’s license. He’s passed all of the tests.”
According to Marty Prehn, a national elder advocate and NASAGA member, he was contacted by producers of the Dr. Phil show, interested in covering the story.
“What isn’t debatable any longer is the reason for the guardianship, advanced dementia was not accurate,” wrote Sylvia Rudek. “The misinformation in guardianships is common and takes too long to get the true facts presented to the court…. The family has no standing to sue for elder abuse until the victim dies. Where is the civil court system in providing protection to the elder victim? It is all about billable hours.”
“It is not about billable hours it is all about FRAUD, Deprivations of Rights under the Color of Law, Consipracy against Rights, and violations to the 14th Amendment of the U.S. Constitution,” said Debby-Texas, Advocate. “A person under a guardianship loses all rights, equal protections under the law under the presumption of incapacitation without ‘clear and convincing evidence’.”
“Good to hear that Mr. Chism has regained his freedom, as a result of ‘clear and convincing evidence,’” said Erna Boldt. “To make his decisions to live his life as he chooses!”
“I am so GLAD that James Chism escaped the hell of these modern-day gulags,” said Laura.
“I am happy for James Chism,” wrote Lajard. “Happy that he was able to get out of the guardianship which is the equivalent of a death sentence.
I have been following this story and cannot believe this is happening,” said Hannibal Rental. “Please continue to investigate this trend as I have been seeing more of this type of epidemic in our society.
“This is an extraordinary story and a victory for humanity,” said Linda Kincaid. “Sadly, more often predatory guardianships are maintained and never make it to the light of day and a free press. Great coverage!”
“There is nothing unusual about this story, except for the happy ending,” wrote Guest. “Very few victims of guardian abuse escape with their lives. My mother was abducted from her San Bernardino County, California home, imprisoned in a facility, and isolated from loved ones for 15 months. She is now dying from neglect and abuse. Police will not help her. California probate court ruled that I do not have standing to sue for elder abuse until after my mom dies.
“Guardianship for profit is NOT just an issue of the elderly,” wrote Elaine Renoire. “Young, aging, or old; if you don’t think adult guardianship affects you now or will ever affect you…think again. Misuse and abuse of adult guardianship laws by judges and their cronies is by far the easiest way to confiscate a person’s assets and co-op the transference of wealth (TOW) from one generation to the next.”
“You’re right, Guest. Any person who has a vulnerability is subject to guardianship abuse, no matter what age,” wrote Ron Libert. “The elderly are not the only victims; they’re the most common, but NASGA also has a growing membership of parents with adult disabled children who were taken under unlawful and abusive guardianships. In most of these cases these young adults are stripped from the arms of their family and forced into group homes against their will. Visitation is either severely restricted or it’s completely prohibited. This nightmare is happening all over the country.”
Guardianship release sparks celebration/desperation
Maryanne Kocis MacLeod
October 4, 2012
The Daily Tribune