Professional conflicts occur when guardians or conservators receive referrals from their preferred or standardized network attorneys as well as state licensed LSW workers whom work within health care facilities or hospitals. This would include estate planning attorneys who are are part of these referral networks whom may be helping the primary caregiver conceal materiel facts in Discovery or other state regulated vulnerable person violations. The problem is substantially compounded when Center for Medicare and Medicaid (CMS) funded hospitals employ LSW patient advocates whom also run side G-C court visitor companies and refer elderly protective clients to specif estate planning/elder law attorneys or particular G-C companies or elder care facilities.
Moreover, if any of these businesses are the probate courts go to or default solution their is incentive to provide repeating referrals and even cover-ups of abuse, exploitation or negligence thereby in violation of Federal Acts and State mandatory reporting Statutes. Since many of these geriatric service providers are paid from the same elderly persons estate they are incentivized to protect one another and conceal materiel facts of abuse, negligence or exploitation. Some may even assist in concealing materiel facts in court reports, evaluations and tactically time civil procedure reporting that fail to meet Court statutory deadlines. When the probate court appoints these officers of the Court their failure to disclose conflicts and materiel facts taint the judicial machinery to the point of fraud upon the court and jeopardize the life of the elderly person. When these circumstances repeatedly occur an organized criminal enterprise may be involved. Like Judges, even culpable for-profit guardians & conservators almost always have criminal immunity. The more evidence the legitimate protector’s of the vulnerable person discovers on those professionals being paid from the elder’s estate, the more the predatory networks band together to protect one another.
Recommended: Hackard Law Elder Abuse, Trust, Probate & Estate Litigation Videos.
Diagram 1: Organized Elder Abuse – Conflict-of-Interest Collusion Teams
The Elder Exploitation Fraud Triangle
Diagram 2: The Elder Exploitation Fraud Triangle (click the zoom feature/scroll over image to read box descriptions, hold mouse or finger to scroll diagram and click crossed arrow to view full size PDF).
Adopted from Criminologist Donald Cressey Creator of the Fraud Triangle. ACFE; Association of Certified Fraud Examiners Fraud Triangle.
“Trusted persons become trust violators when they conceive of themselves as having a financial problem which is non-shareable, are aware this problem can be secretly resolved by violation of the position of financial trust, and are able to apply to their own conduct in that situation verbalizations which enable them to adjust their conceptions of themselves as trusted persons with their conceptions of themselves as users of the entrusted funds or property.” 1
1 Donald R. Cressey, Other People’s Money (Montclair: Patterson Smith, 1973) p. 30.
Diagram 3: Predictive Personality Pattern Indicators – Dark Triad, Cluster B Personality & The Elder Exploitation Fraud Triangle (click the zoom feature /scroll over image to read box descriptions, hold mouse or finger to scroll diagram and click crossed arrow to view full size PDF).
Diagram Adopted from Dark Triad – Cluster B Personality Research, the Fraud Triangle and Combined with Leading Undue Influence Models & Elder Exploitation Statutes.
Journal of Psychiatry and Psychiatric Disorders. Exploring the Dark Side: Relationships between the Dark Triad Traits and Cluster B Personality Disorder Features.
Diagram 4: 5 PHASE ELDER EXPLOITATION, NEGLIGENCE & ABUSE PIPELINE (click the zoom feature to read box descriptions, hold mouse or finger to scroll diagram and click crossed arrow to view full size PDF).
The 5 Phase Elder Trafficking Pipeline By Professionals In Probate Court Process Map Repository is linked here and inserted below as iFrame Insert 2.
iFRAME INSERT 1: Navigable GIS Geo-intel Article Repository: Mouse over each maps heat-zone cluster circles, zoom in to view regional details. Click Tacks on or below map to view related articles, links, reports, video or other trend analyses data. Double click map to add your own event. Click here for full-sized master version.
BUSINESS ALLIES COMMUNITY FOCUSED SERVICES FOR COMMERCE & HUMAN RIGHTS.
The Citizen’s Public Safety Network is a non-profit extension brand of the Northwest Business Alliance (Business Allies) non-profit established in 2004. Coeur d’alene, Kootenai County Human Rights Research: Trust & Probate Litigation Manipulation in Elder Exploitation Circumstances.
Business Allies is a Profit to Nonprofit Northwest Business Alliance. Seattle & Spokane Washington, Sandpoint, Coeur d’alene, Kootenai County Human Rights Projects for Elder Justice. Data aggregation sources and leads focused on family rights and community safety. Advocate Platforms Research for Guardianship, Conservatorship abuse, exploitation & negligence and enmeshed probate court corruption. Public data aggregation sources and leads: regional newspapers, VP Taskforce, AltrueSoft Tech Platforms, Citizen to Citizen Reporting, Citizen’s Bureau of Investigation, Northwest Journal News, Grassroots Elder Advocate Organizations, state & national GAO research monitoring & grant projects. Department of Justice elder rights investigation protocols by adult protective services or law enforcement, prosecution, and trauma recovery:
- National Adult Mistreatment Report System (NAMRS) collects state-level adult protective services data.
- National Incident-Based Reporting System (NIBRS) collects state-level law enforcement data.
- FTC Consumer Sentinel Network collects consumer complaints from multiple sources.
- Financial Crimes Enforcement Network (FinCEN) collects data on suspected elder financial exploitation submitted by financial institutions.
Key search terms: grant research objectives & Administrative rules for Adult Protective Services, State Health Departments, Elder Abuse and Exploitation requirements legislated by the Code of Federal Regulations, Social Security Act, Americans with Disabilities Act and Older Americans Act. Aggregated & direct interviews via Citizen research and complaints focused on elder abuse, exploitation and negligence, human trafficking, corruption, professional cronyism among state licensed service providers such as Estate Planning Attorneys, Doctors, Physicians, Clinicians & coordinated medical ethics for elder care, neurocognitive & capacity evaluations, Conservator, Court Visitor, LSW, Guardian, Guardianship, Trustee, Management Services, Model Rules of Professional Conduct, Rules of Civil Procedure, State Bar Ethics Commissions, CMS, Hospital, Facility Management, SEC, FINRA, Code of Federal Regulations,Tax Fraud, Wealth Management Services, Certified Financial Forensics & CPA Investigation manuals, Uniform Code and many more industry compliance guidelines . Supported by research from over site sources, Bureau of Occupational Licenses and all State Statutes relevant to Negligence, Exploitation & Abuse including Probate Court monitoring, Senate Hearing on “Toxic Conservatorships“, recent federal legislation, Acts of Congress, Elder Justice Act, Elder Abuse Guide For Law Enforcement (EAGLE), American Bar Association & American Psychologists Association Resources on & Elder Abuse & Vulnerable Person Legislation.
Courtesy of Citizen’s Public Safety Network & Citizen’s Bureau of Investigation Community Safety Projects | Spokane; Washington, Sandpoint & Coeur d’alene; Kootenai County, Idaho Elder Abuse Advocates & Grassroots Networks Projects.