New York State Alert: 'The Guardians' Exposes Probate, Trust and Adult Guardianship Fraud

The Guardians, according to the film's co-producer Billie Mintz, exposes corruption in Las Vegas municipal government and its involvement in the kidnapping of elderly people under the color of law in order to steal their estate. 

Click here for additional information and to review the trailer. 

Rick Black, Director of the Center for Estate Administration Reform (CEAR), is prominently featured in the film. He is conducting a major investigation on guardianship fraud in New York State and submitted the following statement, which is directed at Governor Andrew Cuomo, members of the New York State Senate and Assembly, Mayor Bill de Blasio and the New York City Council.

"If you read New York law you would be convinced the adult guardianship system and the court’s that order them are professionally managed and maintained to best serve the public. It talks about guardianship being used as a last resort to protect the vulnerable and that ALL other least restrictive options will be considered before a person’s rights are removed. Local governmental courts are charged to insure the rights of the alleged incapacitated adults brought before them are protected and their assets are conserved for their care. New York guardianship law upholds family priority and honor estate documents. Yet, too often notice to family is not made, orders are executed ex parte, estate documents are dismissed, and the objections of the victim, family or heirs are all denied.  Guardianship has become an entitlement for the legal community to financially exploit the vulnerable in New York.  Many of New York’s courts are running guardianship mills for the benefit of fellow members of the New York Bar.  Its victims have no redress.

"The National Center for State Courts estimated in 2015 that 1.3 million American adults were under guardianship and about 176,000 were added that year. A review of New York statistics would indicate over 60,000 New Yorkers are under guardianship today and over 10,000 were added to the roles in 2016.  Using U.S. Federal Reserve and Bloomberg statistics those individuals would represent a total asset inventory of over $10 billion. Contrary to most claims of the legal and professional guardianship community, guardianship is not for the destitute. In fact, they focus on those with income and assets as the attorneys and most of the system is compensated from the estates of those they conscript. Guardianship is the ultimate conflict of interest for the legal community and represents one of the biggest markets in the state of New York. Hospitals, skilled and assisted living facilities, care companies, guardianship companies, and the legal community all benefit from the largess and power the system provides.

"My greatest disappointment in New York is enlightened system insiders have been unsuccessful in reforming the system. The New York attorney general’s office and local law enforcement refuse to investigate complaints of documented abuses by those sponsored by these courts. Legal and judicial community insiders have successfully blocked meaningful reforms while they continue to market to the public that the system is well managed and fully protects the vulnerable. A 2012 study by Cardoza Law would contradict any assurance of protections for those conscripted into the New York system. All too often these courts routinely deny established rules of civil procedure, rules of evidence, and state and federal law in their rulings and insure almost no downstream oversight.  Those under guardianship are guaranteed NO protections as all outsiders and law enforcement are unilaterally referred back to the judge and the court who initially sponsored the exploitation.

"According to Metropolitan Life, nearly $100 billion passes from generation to generation each year in New York and the number will grow to $165 billion by 2030. Probate, trust, and adult guardianship fraud are among the easiest frauds to commit today to intercept the funds of the deceased and vulnerable and redirect them into the pockets of the predatory legal community and their allies.  Education, awareness, and being prepared is the only real defense for New Yorkers today."