The Retirement Nightmare: How to Save Yourself from Your Heirs and Protectors : Involuntary Conservatorships and Guardianships (Golden Age Series)

By Diane G. Armstrong

Book Overview

The above warning, sent to all allegedly incapacitated seniors in the state of Virginia, summarizes the nightmare that can befall senior citizens anywhere in the United States as a result of involuntary conservatorship or guardianship proceedings. Statutes originally designed to help elderly friends and relatives who are unable to look after their own personal or financial needs are now being increasingly abused by calculating heirs to direct the transfer of family assets to themselves-with the courts' blessings. Based on fifty-five cases drawn from courtrooms across America and the author's own bitter experience, The Retirement Nightmare describes what can happen to competent senior citizens when such proceedings are filed against them by relatives or other so-called protectors in the social welfare community.Dr. Armstrong, who was forced to battle her own siblings in a million-dollar court battle to place her competent mother in an involuntary conservatorship, reveals how these arcane conservatorship and guardianship codes function in our courts today; unfortunately, as the author learned firsthand, the actual application of these codes is determined almost solely by the competence and attitudes of individual judges and investigators. She highlights the key problem areas common to the codes that should be changed and recommends ways that seniors can protect themselves to preserve their personal and financial freedom in their retirement years. She also suggests alternatives to conservatorships and guardianships that exist in every state to help the elderly with various aspects of daily living, such as balancing checkbooks, paying bills, grocery shopping, preparing meals, etc.This breakthrough book exposes the secretive world of involuntary "protective proceedings" and more importantly gives seniors the tools they need to protect themselves from this predatory litigation.

• Format: Paperback
• Language: English
• ISBN: 1573927961
• ISBN13: 9781573927963
• Release Date: May 2000
• Publisher: Prometheus Books
• Length: 405 Pages
• Weight: 1.30 lbs.
• Dimensions: 0.8" x 6.2" x 8.9"

Customer Reviews

Finally the real truth about this national disgrace!

This is a must read book about the truth of the rampant fraud and abuse of conservators and guardians. While this author writes about family members trying to get "Granny's dough", she does touch on another perverse type of guardian, that is a "court appointed" guardian. In Florida, and in many other states, they only require a high school education and a 40 hour course. But whether educated or not, from the lawyers/guardians in the recent New York case, to the high-school educated sociopaths here in Pinellas County, Florida, they are getting away with fraud and abuse. To avoid a guardianship in the State of Florida should be of paramount importance. Find out how to protect yourself and your loved ones with alternatives: health care surrogate, durable power of attorney, mediation and more. Consider that if you leave your parents to fend for themselves, and ignore the deterioration associated with aging, a guardian can gain a guardianship over them and their assets, without informing you. That guardianship will nullify the most meticulous of plans. To really cover your aging parents, make sure they create a "Pre-need" guardianship and name someone they trust, this is the only way predators in the retirement homes will not be able to force guardianship on them. Also create an irrevocable trust.

An uncoventional but effective planning guide.

Retirement Nightmare isn't your typical retirement guide on how to save up enough money or make investments: its focus is on how to protect yourself from heirs, and chapters survey involuntary conservatorship and guardianships with an eye to revealing how incapacitated seniors fall victim to the statutes designed to help them in their old age. Advance planning is recommended as the key to avoiding situations such as the author's own experience and those described in courtroom cases.

An Invaluable Source

As a lawyer, I found this book to be a tour de force compendium of the guardian and conservatorship laws in our country. For both lay readers and lawyers, it is an invaluable reference tool - comprehensive and clearly written. Full of actual stories of actual individuals, it also makes for eye-opening human interest drama.

Be Informed...Be Prepared!

If you are elderly, or even think you may someday become so... then...you need to read this book and keep it close at hand as one of your most valuable reference sources. Dr Armstrong draws on her tragic family experiences with involuntary guardianship litigation and combines that with excellent and scholarly research, to produce a book containing historical background, the law, a broad range of case studies covering most aspects of the subject, and many answers/recommendations concerning this potential problem that we might all someday face. The appendices covering the various state laws and hundreds of resources for the elderly, are alone worth the cost of admission! I found the book to be alarmingly informative and I feel much more knowledgeable and secure now that it is sitting on my research shelf.

Beware the Thankless Child

This book is shocking, and alarming. Diane Armstrong's account is disturbing and tragic. The message will leave you outraged and frightened. Money is a great motivator; your money is the lure. Money changes people. Your heirs and (presumed) protectors may use your money to take care of you or themselves through involuntary conservatorship/guardianship proceedings. Suddenly another person will decide how to spend your money, how to manage your property, who makes your medical decisions, where you live, whether you are allowed to vote, and other important rights. "How sharper than a serpent's tooth it isTo have a thankless child!--William Shakespeare, King Lear, Act 1, Scene 4.You worked hard for your money. You deserve to enjoy your retirement years hosting grandchildren, traveling and writing your book. This powerful and much-needed book will frighten the elderly and elevate the frightened. DanPoynter@ParaPublishing.com