How an Attorney in Chicago Fooled a Judge and Got Away with Elder Fraud
by Carole Wade, Contributing Columnist
No one wants to hear it. Innocent elderly women and men being scammed by welcoming seemingly sweet, lovely, and well-versed swindlers disguised as conservators. These new so-called conservators are entrepreneurs who see an aging population with checkbooks. Some of the alleged caregivers cultivate aging people for their own financial gain and interest.
While they may promise to take care of their charges, the victims soon discover that their lifetime finances have ended up in the hands of their conservator.
It can happen to you. It happened to a close member in my family. In 1990, a bearded man full of charisma, lies, and charm began courting (not literally) a wealthy older woman. According to the woman's friend, she told me, “I remember the man entering her life that night. He seemed to be carefully scouting out each person.” At this particular art reception, he promptly set his sights on a distinguished smartly-dressed man of eighty and his small fragile wealthy wife in her advancing years. In a voice that was soft but humorous, the professional attorney conservator said, “You are the most beautiful woman in the room. Are you a model?” The woman -- suffering from onset Alzheimer's replied, “How did you know?”
Although the lawyer’s record clearly reflected a numerous string of bushwhacked victims, not to mention that he knew very little about elder care of any kind, he immediately said, “I am here to help you. I will sit down with you and my new ‘adopted dad’ (her husband) tomorrow morning.”
Despite multiple warnings from their son, the gregarious newcomer and confidence man entered his mother's life. The chatty man fabricated his lineage according to what the elderly woman wanted to hear. He spotted her husband's desire to know royalty so he swiftly modified his background to include connections to the royal family of Spain. Within a few short months, the husband died and this champion scam-master attorney conservator became the sole legal representative for the widow's millions of dollars, while coldly and deliberately isolating the parent from her grown children.
The Los Angeles Times, “When a Family Matter Turns Into A Business” (November 13, 2005), paints a sad story about an elderly woman who now spends her time in the hands of a person she should not trust: A Conservator. Her new legal guardian.
The article quotes, “It was her (the conservator) responsibility to protect (the elderly woman) and conserve her nest egg. So far, (the conservator) has spent at least $200,000 of it. The money has gone to pay the conservator's fees and hire attendants to supervise the elderly woman around the clock, among other expenses.”
The Wall Street Journal's November 16, 2005, cover story relates this same experience to a beloved American: “Rosa Park's Death Stirs Up Bitter Feud Over Her Estate -- Family Fights Caregivers To Control the Legacy Of Civil-Rights Icon.”
Generally all this is unbeknownst to the children or to the elderly person's closest friends or even their physicians. First, they hear their parents mention a name. Second, his name is being built up into a “super hero.” Third, they discover he or she is in charge of their parents’ fortune and it is too late for them. And as The Los Angeles Times points out, professional conservator is a growing troubling new occupation.
After over a decade in court, the elderly man and woman in question in my life have passed away. Their son's lawsuit against the now disbarred attorney was lost. His parent's money is gone -- into the pocket of the marginal ex-lawyer who “got-away-with-it.”
I personally spoke with the District Attorney in Chicago on two different occasions in 1992 and 1993. He said to me, “This man is crafty and conniving. He is obviously unscrupulous and he cares noting about dividing, destroying, and alienating the family in question. This is how they flourish. File your case, but it can take twenty years.” The failed case took ten years and $ 360,000.00 in legal fees.
Was the Chicago legal system flawed? Yes. Did the Judge who handled the case understand professional conservators who are also attorneys? No. The Judge did not even read the case. He had his young inexperienced law clerk make the decision for him. Chicago's legal system failed to protect the elderly parents and the children in question -- permitting the hideous attorney to move thousands of miles west to start a new scam.
Today, the target age of people to swindle is over the age of sixty-five. When your parents are eighty and their wealth should pass on to their children, the new slimy conservators will pretend to “represent” both parties -- the parents and the children. But the only person winning is the scam-artist professional conservator attorney.
Professional conservators are skilled liars and experts at verbal camouflage. They know their success depends on it. Conservator/elder care is a new, growing and usually unregulated trade in the United States. The Los Angeles Times says it best, “...lawmakers and judges did not foresee that professionals would turn what had been a family matter into a business.”
About the Author: Ms. Wade is a writer who lives in Southern California. Her articles and comments appear frequently in The American Partisan, The Los Angeles Times (registration required free of charge), the Daily News, Internet newspapers, and monthly travel magazines. She also guests on the Al Rantel show. ***
© 2006 Carole Wade
This is definitely happening in New Mexico as well!!! I know first hand. There is a click of Judges, Attorneys, Guardians, Conservators, Court Visitors and Guardian Ad Litems and psychologist who all profit handsomely from railroading families to their benefit. It is cruel and inhumane to treat elderly and families this way.
ReplyDelete