Statement Of Financial Proof And Affidavit Of Support For 2016-17: Fill & Download for Free

As mentioned by Tungala Suresh, schedule an appointment at least 5-7 weeks prior to your planned date of travel.Check German Mission Website (German Mission in India) for the latest requirements, they already have en-listed all the steps to be followed for Visa. I am enlisting the ones which I followed, after completing my applications.STEP 1: Open you blocked account. If you are planning to go for DB, Germany, it will take a good 3–4 weeks (in the best case scenario)STEP 2: As soon as you get your admit, book appointment for Visa Interview. As getting a suitable date is really difficult, because generally VI slots get full quickly (at least at Delhi Consulate).Book the appointment for Visa interview from German Mission Website or VFS webiste or by calling VFS.STEP 3: Get the photos for Visa, specifications are mentioned on German Mission WebsiteSTEP 4: (Optional : If you are planning to take a loan) Submit the admit letter in bank, and the requirement from consulate that you need to block XYZ EUROS in a blocked account for VISA along with your loan application. Bank will then issue you a sanction letter, after processing your loan application.And, you should try to convince the bank to disburse the loan. (Explain them that visa wont be stamped until XYZ EUROS is not blocked in the blocked account)STEP 5: Start Collecting documents as per the checklist mentioned on German Mission Website. (Carry Originals and two copies of every document)Following is the list of documents which I took along and were asked at the time of VI at Delhi consulate.Visa application form [Can be downloaded from German Mission Website]Declaration form [Can be downloaded from German Mission Website]Cover letter - I used following cover letter:4. TOEFL/German language fluency proof5. Admission letter from German University ( They kept the German copy of it, but I suggest taking both English and German copy)6. (Optional : Applicable only if you have completed enrolment procedure already, i.e. submitted the insurance proof from any German public health insurance company to university, paid the fee, and have received letter of enrolment from your university)Letter of enrolment along with Fee (semester fee and course fee,if your course has any course fee) payment confirmation in German and English7. Academic documents:Bachelors degree (you can carry provisional if you have not received your degree from college, but cross check with the consulate once)8th to 1st semester mark sheets (both front and back copies)12th mark-sheet and certificate (they might return the certificate)10th mark-sheet and certificate(they might return the certificate)8. (Optional : If you have some gap between your Bachelors and masters)Salary slips and salary account statement of last 3-6 monthsWork experience letter issued from your employer(Many people went without it and consulate did not have any objection. But, if your employer issues such a letter then I suggest you carry it)9. Proof of financial meansBlocked account opening confirmation in German and EnglishBlocked amount transfer receipt from your home bank (the bank from which you transferred the money to your Deutsche Bank blocked account)Blocked amount receipt confirmation from Deutsche Bank in English and German(Optional : If you have taken education loan )Loan sanction letter along with two years ITR of co-borrowerAffidavit to support for the second year of your study from your sponsor( Now sponsor can your parents, relatives) along with ITR and 6 months salary account statement, if your sponsor is working ;6 months savings account statement, if your sponsor is not working;//Affidavit to support: This should be printed on a Stamp paper, you can confirm the amount of stamp from the respective consulate.10. Three months travel insurance (I suggest to take it along, as it was asked in many cases. Although, the lady returned it in my case giving me the reason that I'll need this insurance at the time of visa stamping.)STEP 6: German Embassy accepts Visa Fee through Demand Draft, issued from Nationalised bank. Check the updated amount from the German Mission Website. [NOTE : As of July 2016, the rule was that the DD should not be older than 2 months]STEP 7: On the day of your VI, just be calm and confident. And, in case you don’t have any document - the interviewer is asking for, just politely request the interviewer to let you submit it later.My VI Experience : 20 July, 2016 ; Delhi Consulate; 08:15 AM Slot[ Note : Don't paste your photographs on the visa application form, VO will do it.]Me : Good morning ma'am !VO : Good morning ma'am, you are applying for which visa?Me : German national student visaVO : Please pass your passport, two photographs, DD and one Set of documents that you have got.Me : Passed themVO : Ma'am, you are going to which university ?Me : toldVO : What is the duration of your course and the medium of course?Me : toldVO : Where will you be staying?Me : I have applied for studenten union housing, results are yet to be declared. And side by side, I am looking for private housing options as well.VO : What does your father do?Me : ToldVO : What does your mother do?Me : ToldVO : Do you have any siblings?Me : ToldVO : What are they doing ?Me : ToldVO : Who will be financing your studies?Me : Ma'am, I have saving of xxx amount, and I have taken a loan of xxx amount. Apart from that, I'll be getting a support of xxx amount from my sponsor. I have already provided the letter to support for this.VO : Ok, Please fill this questionnaire (She passed a questionnaire and started arranging documents in some order, discarding the ones which she din't need)Me: Ok, sure. (Following are the questions from the questionnaire.)VO : Ma'am, I'll be taking your finger prints now. .Me: (Left hand fingers, right hand fingers, thumb of both hands)VO : Ma'am, Do you have cash ? ( My DD was of 4600 INR, but the visa fee changed to 4500 INR just two days before my interview. I din't bother to change it because I called the consulate to confirm if I can use 4600 INR DD, and they said I can use old DD)Me : NoVO : Ok, no issues. I'll return your 100 INR. Ma'am, Please correct the address of contact person to University's address and sign above itMe : Done ( I had mentioned department's address as I kept course coordinator as contact person)VO : Ok ma'am, I have arranged this one set in a particular order. Please arrange the second set in exact same order and submit the documents.Me : (Done and handed over)VO: Ok ma'am, here is your receipt and 100 INR. You will receive a mail from us for further details.Me : Thank you ma'amSTEP 8: Visa Stamping (After you have received Visa confirmation e-mail from consulate)You can get your VISA stamp either at Embassy or at any VFS centre. VFS has an advantage of passport drop facility after the stamping is done. At the time of stamping, you are asked to submit your tickets and a travel insurance (of three months, generally).I received Visa confirmation mail on 16 August, 2016 ; less than a month. I submitted my passport at Shivaji Stadium, New delhi, VFS center on 17 August, 2016 and received my stamped passport at home through VFS’s courier service on 24 August, 2016.Hope that helps!

Financial Documents Required for Study Abroad ApplicationsStudying Abroad is a dream that requires extensive planning, various steps of application and a long meticulous documentation. Starting from collecting the transcripts, the score cards to writing and submitting admission essays/ statement of purpose/ Letter of Recommendation to the long application forms. The process does not stop there and with admissions begin a completely different set of paperwork – for student visas. An important component of the same are the financial documents. And while the specifics might change from country to country and university to university, every document essentially follows a format. This is a guide of the many documents students would require, samples of formats for financial documents specific to study abroad and basic good to know facts. We start by explaining some of the terms commonly used by Universities/ Consulates for Confirmation of Admission/ Student Visa Applications respectively.Proof of Funds or Financial Capacity: MeaningOne of the basics of Student Visa Applications is the requirement of Proof of Funds or Financial Capacity. For almost all countries (barring very few), students are required to provide evidentiary proof that they are able to not only pay for the fee but also normal living expenses for the duration of the stay. While some universities might ask for the same as well, it is often done after the admission offers are sent out and are taken to further assist in processing the visas. Irrespective who asks for the same, the fact remains that Proof of Funds refer to the proof positive that the student would be able to bear the cost of studying abroad. The costs include two chief components:1. Fees and other University chargesStudents are often required to make payment of this component in advance to confirm admission offer. Since the payments are made up front, the proof of this component comprises of receipt of payments made.Usually universities do not require a student to provide proof of future payments. Also, since more often than not the fees are revised and hence there is no fixed amount. Even then, Universities might request proof of income to ensure that you would be able to pay the fee in future as well. This might at times require sponsorship letters or Affidavit of Support. Some universities require proof of funds available in terms of a minimum balance requirement in special accounts (ex. Germany, Netherlands, Canada, etc.)2. Living ExpensesMost of the countries have a basic minimum living expense requirement which is specified. The students are in turn requested to provide proof that they have access to the same. Most of the European Countries require liquid funds in the amount specified available with the student called the statutory fund requirements. In USA, while there is no statutory amount specified in terms of minimum monthly expense, students would be required to provide proof of financial support and/ or capacity to make the payments. Students would have to provide documentary proof that they have access to that amount for the tenure specified. Again, a country might request proof of funds for one year while some might ask for fund availability for the entire tenure of the course’s normal duration. Here is a list of some of the countries and the minimum fund requirements (living expenses) specified.Name of the CountryStatutory Fund Requirements for Living ExpensesCanadaCAD $10,000 for every year of your intended stayUnited Kingdom£11,385 per annum (£1265 per month) for University situated in London or £9,135 (£1,015 per month) for anywhere other than LondonAustraliaAUD $ 19,830 per yearGermany€ 670/month of stay or € 8,040/ annumFrance€ 615 for each month of stayNetherlands€ 862, 50 per month for the period of staySwedenSEK 7,974 for each month of your stay in Sweden, computed for a the intended stay with a minimum of 10 months for every year of stay in SwedenIreland€ 7000 as living expenses for every year of stayNote: For admissions to Universities in USA, the Financial Proofs are requested at the time of confirmation of admission by the universities. It is only when the proofs are provided that the I-20s are issued by the university. Also, as mentioned, there is no minimum requirement but the University would provide a basic cost which the student would have to provide proof of capacity for.Still have questions related to Financial documents required? Get help from Shiksha Expert Counsellors - Sign Up NowTypes of Documents accepted under Proof of FundsThere is no standard list of documents that would be required by countries abroad. As the application process for the countries vary so does the student visa requirements and accordingly the list of documents that are required as proof of funds. Every country’s Student Visa/ University requirements list a separate set of acceptable documents. Here is a list of what all they can be, along with samples wherever necessary. Also, often more than one proof (unless a specific account/ deposit is requested) can be combined with another.1. Bank Account StatementsSimple enough, the universities/ Visa Consulates might require you to submit your/ your sponsors’ bank account statements for a specific period. Again, the formats are plain and simple. Students should remember thata. The statements should be of the person specifically required. For instance, in case university accepts support of parent/ guardian or spouse, then the statement should be of the person’s savings account. Some countries, like Sweden, require the funds to be in student’s personal account and accordingly the student should keep a check on the same. (Note: Current Account Statements are generally not accepted and hence it is always best to confirm before submitting the same.)b. It should be a scanned copy of statements in original and not e-mail statements, duly stamped and signed by the bank. With Net-banking, often getting a statement is a click away. However, for the purpose of proving financial capacity, the bank statement must be original, on bank’s letterhead, stamped and signed by the bank.c. Should clearly specify the tenures required. Often, universities/ visa consulates specifically ask for 6 months’ bank statements (the tenure may vary though).2. Loan Approval/ Disbursement LetterStudents can also provide a Loan Approval Letter as proof of funds. This is easy enough to get from the bank you have applied a loan from. While the banks might have a set format, the letter essentially conveys the approval of the bank of loaning the specific amount to the student for his higher education abroad. Here are a few things a student should keep in mind:The letter should be on bank’s letterhead, duly signed and stampedThe letter should clearly specify the amount of loan and the student’s nameShould include a promise to disburse the amount as and when specifiedShould mention “The Loan of Rs. _____________ has been fully sanctioned and all terms and conditions are completed except disbursement.”Download the guide on this page for sample formats of Loan Approval Letter.3. Scholarship LettersIn case you have been given a scholarship, the student can also attach the scholarship letter as evidence of financial capacity. This letter is often provided by the University/ Institution that grants the scholarship. In case you have received a Governmental Grant, you are required to attach the copy of the same as well.You might also like to readHow to write a Resume for UG Applications Abroad4. Affidavit of Support/ SponsorshipStrictly speaking, an Affidavit of Support is not a Financial Document but rather a validation of financial support being provided to the student. Since, the document is often asked for by Universities in USA and Australia along with Financial Proofs, we have included the same in the list.An Affidavit of Support or Sponsorship is a notarized document on a Stamp Paper (often of INR 10 or INR 20 denomination), which clearly mentions that another person (parents/ spouse/ relative) would be sponsoring your education and paying for (or can afford) your fees and living expenses. The signed document directly binds the person to accept all financial responsibility of the cost of studying for the student. Often, the Affidavit of Support is supplemented with Proof of Income and/or Bank Letters. Things to keep in mindAffidavit of Support cannot be provided by a distant relative. Often direct blood relations are required which include parents, maternal/ paternal uncles/ aunts, grand-parent. Spouse is also acceptable.It should be a notarized and on the stamp paper. This is available at the local courts.In case it is from an uncle/ aunt, the document should clearly mention the reason for their sponsorship + claim that they have enough funds to bear their own/ family unit expenses even after providing the sponsorship/ support to the student. Student should always check that this would be acceptable from the University.Note:Students applying to European Universities should note that for European Countries the Sponsorships are quite different in nature. Most of the countries do not accept support documents. They, however, accept Sponsorships from people who are residing in that country. For instance, if you are applying to Universities in France and an uncle is staying in France and is willing to take care of your expenses, then the student would be required to provide a “Letter of Sponsorship”. These are standard formats often available to students by the Visa issuing authority for that country.Download the guide on this page for sample format for Affidavit of Support.5. Bank LettersSimply put these are letters that clearly mention the nature of accounts held by the student/ sponsor in the banks as well as the balance in the account. As suggestive, these are provided by the bank and should be accordingly on Bank’s official letterhead, duly signed and stamped. Here is what all the bank letter should includea. Name of the person/ persons who hold the account with the bankb. The kind of account (savings/ current/ joint) and the tenure of relationship (years for which the person has held the account in that bank)c. Balance in the account/s with its converted amount along with the rate of conversion used. Ex. Savings Bank (Balance as on 31st October 2016) INR 800,000, equivalent to US$ 11,928 at conversion rate of US $1 = INR 67.07Note: A Bank Letter can also state the Fixed Deposits (if any) held by the sponsor. Not all countries accept FD amounts and hence students must check the individual financial documents acceptable for proof of funds for respective countries.Download the guide on this page for sample format for Bank Letter.6. Loan Capability CertificateThis is a bit different from a Loan Approval Letter and is often asked by Universities in USA at the time of admission, without which they would not issue I-20s (in case you have suggested you would be requiring loan to fulfil the fund requisites.) This document, as the name suggests, is a “Capability Certificate”, given by banks / financial institutions which suggests that they would be willing to provide loan to the student should he get admitted in the University Abroad. Here is an example template of the same:Again, things the Loan Capability Certificate should include the following things clearly,Name of the studentWillingness and prima facie promise of the bank to grant a loanAmount of the loan eligibilityAgain, it should be on the bank’s letterhead, duly signed and stamped.Download the guide on this page for sample format for Loan Capability Certificate.7. CA CertificateSome countries also require what is commonly referred to as a CA Certificate. Prepared by a certified CA, the document specifies the actual assets held by the student/ sponsor as well as the liabilities. This essentially includes both the current assets (like bank balance, fixed deposits, shares, bonds, etc.) as well as fixed assets (land, property, gold, etc. with an estimated value of the same). The document must be signed and stamped by the CA. Again, there is no fixed format and usually the CAs have their own formats.Download the guide on this page for sample format CA Certificate.8. Property Evaluation ReportThis is more common for Australia and New Zealand Visas. In case a student has applied for a Student Loan and the same was procured against property, the student is also required to attach a Property Evaluation Report alongside the Loan Approval Letter. This is a comprehensive report prepared by competent authority (the bank/ financial institution in case of a student loan). Here is what all the Property Evaluation Report usually includesa. Property picturesb. Size of the property and specificationsc. Ownership proof of the property being evaluatedBanks have their own formats and you need not worry about the same. Simple mention of the same to the lending institution would suffice. At times, the same can be prepared by CAs as well.9. GPF/ EPF Statement confirming ability to withdrawMany countries also accept the funds available in your/ parent/guardian’s Provident Fund Account. These are official statement issued by the Provident Fund Disbursing Authority clearly stating the amount of funds available in the account along with the ability to withdraw. In case there is a variation in the amount the person can withdraw, the letter should clearly mention the amount that can be withdrawn. Here are the things you should keep in mindThe statement should be on the Provident Fund Disbursing Authority’s Official Letterhead.It should clearly specify the name of the employee/ account holder along with the name of the student. Since the document is only valid if it is a parent, the relationship should be clearly mentioned as well.It should specify the total amount available along with the withdrawable limits.The letter should clearly state that the withdrawals are “non-refundable/ permanent” in nature.Name, contact details of the signing authority along with the stamp should be clearly mentioned as well.Download the guide on this page for sample format for PF Letter.Also ReadStudent Visa for USAStudent Visa for CanadaStudent Visa for UKStudent Visa for AustraliaStudent Visa for GermanyStudent Visa for SingaporeStudent Visa for FranceStudent Visa for New ZealandNeed help in editing your SOP/LOR/Essays ?Get help from expert Shiksha editors to create a winning applicationFind out moreLearn more about application processSOPStatement of purposeLORLetter of recommendationAdmission EssayEssay writingStudent CVCurriculum vitaeThis article was written by: Kanika Khurana, 17 May'18 | 11:39 AMBrowse Universities AbroadUniversities in USA859 UniversitiesUniversities in Canada114 UniversitiesUniversities in Australia112 UniversitiesUniversities in UK159 UniversitiesUniversities in New Zealand70 UniversitiesUniversities in Ireland21 UniversitiesArticles related to Student VisaCanada Student Visa Guide 7953 comments | 437858 viewsStudent Visas for Study Abroad 232 comments | 95616 viewsInterview Guide for F1 Student Visa for USA 16 comments | 78811 viewsPost Study Work Permits for Indian Students in France 11 comments | 30808 views19 CommentsParticipate in discussion, write your comment.SubmitSusanne HozaPG AspirantBuy Real And Fake Passports,Drivers License,ID Cards,100% UNDETECTABLE COUNTERFEIT MONEY ,IELTS: Contacts via Whatsapp...... +44 7984803365email address:::[email protected] Apr'18, 06:26 PMReply to Susanne HozaSourabh SainiUG AspirantCan i show funds to Australian University by selling some of our land31 Jan'18, 04:03 PMReply to Sourabh SainiAmbrose ClintPhD AspirantDear Applicant,We give loan to private company and individuals. You can find some vital information about the loan we offerbelow. In getting a loan from our company, there are some information we need to pass across to you before wecan proceed to the application process . INTEREST RATE: In the l16 Jan'18, 09:39 AMReply to Ambrose Clintamy angUG Aspiranthow much one needs to show in indian bank account to study in Spain?09 Jan'18, 08:55 AMReply to amy angGagandeep SinghPG AspirantCan my relatives show the financial funds to the embassay for my masters program30 Sep'17, 10:44 AMReply to Gagandeep Singh+ View MoreDownload this guide to read it offlineEmail Student Visa Guide1251 people downloaded this guide

“Guardians from Hell” is a term coined by Tablet Magazine regarding “The completely legal, utterly grotesque system for undermining the rights of the elderly.”Tablet Magazine caters to stories about Jewish life. For Jews, predatory guardianship, in which a person loses all of his or her civil rights, bank accounts, properties, and is placed in a nursing home against his or her will, is particularly scary — a reminder of what transpired in Nazi Germany.The latest Guardianship Nightmare story was published in The Tablet on June 21, 2018. Here it is: (I have written extensively about the guardianship nightmare. Please read my other posts about this topic.)******By Gretchen Rachel HammondAt 92-years-old,Virginia Jean Wahab hadn’t lost any of the vitality and health she maintained throughout her life. She raised two daughters as a single mom and made a home for them in the Detroit, Michigan suburb of Oak Park. Wahab worked on her feet and didn’t retire from her job at a local family restaurant until she was 88.Fiercely independent, Wahab was quite happy living at home after retirement. She had a healthy social life. She did her own grocery shopping and chores. She so rarely needed to pay a visit to a hospital that her health insurance was barely touched.Her eldest daughter Mimi Brun converted to Judaism at the age of 18. She went on to become a prolific Jewish artist, who sold her work all over the world. In 2010, she began to establish art schools for children under 12 in France and then Chicago. Although Brun was estranged from her younger sister, she and her mother were extremely close. Wahab was Catholic, but Brun noted that she had the fastidious nature of a Jewish mother.Wahab’s legal affairs were in order including a durable power of attorney she had signed in January, 2016 which named Brun as a patient advocate (the handler of her medical needs) as well as giving her daughter charge of her financial affairs should she ever become incapacitated. Wahab’s home was also registered in Brun’s name in a quit claim deed signed by Wahab on December 29, 2014.The two talked on the phone every day. Brun particularly relished visits with her mother during which she would gift her a piece of art. Wahab was an eager collector of Brun’s work.That was two years ago. Everything has changed since then.In 2016, after a fall at her home, Wahab was diagnosed with a slight cognitive problem but otherwise deemed healthy. Wahab’s doctor recommended that Brun find her a short-term rehab facility.“I looked for a Jewish one,” Brun said. “They were all full. I found Lourdes because it had a five-star reputation.”On February 23, that year, with the approval of her HMO, Wahab was admitted for short-term rehabilitation at Lourdes Senior Community in Waterford, Michigan—a nonprofit elder care facility founded by Dominican nuns in 1948. According to the organization’s 2016 I-990s, Lourdes listed end of year assets of $22,096,166.00. Expenses totaled $14,476,851.00Brun said she made her mother’s meals and went to each of her physical and occupational therapy sessions.“The insurance granted her up to 120 days,” Brun remembered. “She was excelling like a champ but the therapist at Lourdes started telling me she suspected Mom should not live alone. Mom and I decided that I was going to go back to France and Chicago, put my businesses on hold, rent out my homes and move my work and studio to Mom’s. It was what she had dreamed about—to spend the end of her life living with me.”Brun left for France, placing her aunt and sister in charge of caring for Wahab while she was in rehab.“I called Lourdes every day,” Brun said. “Then the insurance cut off.”Brun asserted that she spoke to Lourdes social worker Sara Van Acker and pledged that she would enter into a payment plan. Shortly thereafter, however, she received an email from a Lourdes administrator which stated “Your payment plan with Sara Van Acker was not approved by me. I cannot receive partial payment nor be patient for your payment plan time frame.”On June 6, Lourdes filed a petition for guardianship on the grounds of a $31,416.65 past-due bill. Brun said that the petition notice was sent to an address that was not hers. The petition shows that the address used to serve Brun belongs to an apartment complex in Harper Woods Michigan—one hour’s drive from Lourdes and 30 minutes from Oak Park. On the address, no apartment number is listed. It is also not the address listed on the Power of Attorney paperwork Brun says she provided to Lourdes.Brun rushed back to Michigan. On the morning of June 29, 2016, she attended a hearing presided over by Oakland County Probate Judge Linda Hallmark, one of four judges serving there. Hallmark vacated Wahab’s power of attorney and appointed a local attorney Jon Munger as Wahab’s guardian. According to Brun, neither she nor her mother ever requested Munger’s services.Also appointed by the court was a man named Matthew Jason Brown, another local lawyer. Brown was named as Wahab’s guardian ad litem (GAL)—a person entrusted with investigating what course of action is in the best interest of a person unable to care for themselves. The June 29 hearing was also attended by two representatives from Lourdes: Van Acker and Lisa Hibbert from the organization’s accounts receivable department.According to court transcripts from that morning, Van Acker stated that she had filed the petition for guardianship because “there’s a concern about the nursing home being paid.”Brown wanted to know if an application for Medicare benefits for Wahab had been made.“Not to my knowledge,” Van Acker replied.“Are you familiar with [Wahab’s] medical condition?” Brown wondered, to which Van Acker answered “slightly.”When Brown asked Brun if she had any objection to the petition, Brun replied “I am contesting this hearing because I was not served. I’ve had no time to get a lawyer.”“Well, you’re here Ma’am,” Hallmark replied, “and it’s a guardianship so there is some urgency about it, so we’re going to proceed.”When Brun protested that she had been appointed as Wahab’s guardian through a power of attorney, Hallmark quickly rebuked her.“That’s different than an appointment by the court,” Hallmark said. “Has any court appointed you guardian?”“No, but I haven’t applied for it yet,” Brun replied. “I’d like to petition for it, but I need time.”Hallmark did not respond to this request.In delivering his report to the court, Brown went on to state that he had visited Wahab at Lourdes only two days earlier. During that visit, he said, he “explained to Wahab her rights and gave her a copy of [the petition].”“She didn’t have any objection to the appointment of a public administrator at that time,” he added. “But I would note that she was not oriented to date, time, and place.”Brown also stated that he “went over [Wahab’s] medical condition with Ms. Van Acker and she went over with me sheets that said she was suffering from dementia, unspecified lack of coordination, osteoarthritis, two…type two diabetes, muscle weakness and hypertension.”Transcripts from that day indicate that Hallmark never asked for medical reports to prove Brown’s assertions.Brun told Hallmark that she had witnesses who would speak on her and Wahab’s behalf. Those witnesses, however, were never called.“My Mom needs love,” Brun went on to tell Hallmark. “No one loves my Mom more than me. When I asked my mom ‘what’s your greatest desire?’ she said ‘I want to go home. I want to go home with you.’”“I want to take her home,” Brun begged Hallmark.“I’m going to grant the petition,” Hallmark said. “I would like to appoint Mr. Munger [as guardian]. If he thinks that an independent medical or some other action is required that’s fine. I’m also going to appoint [Munger] as special fiduciary to make sure we have the Medicaid application on track. I’ll revoke the power of attorney today. If it’s appropriate that [Brun] should serve, if you want to get counsel and bring the matter in, we’ll consider that.”“She hasn’t lost any of her rights…” Hallmark added, speaking of Wahab. “She has a guardian and it’s Mr. Munger…”Brun made one last desperate plea. “Is there a reason why?”“Yes,” Hallmark replied. “Because she’s in need of a guardian and I’m appointing Mr. Munger. That’s why.”Hallmark never mentioned the grounds by which she was revoking the power of attorney.The court adjourned.Brun’s fight to have her mom released from Lourdes would eventually result in Hallmark issuing an injunction restraining her from entering Lourdes premises, denial of her visitation rights (even when chaperoned by a nun and a locally renowned, retired judge) and a bench warrant from Hallmark’s court for Brun’s arrest.Two days after Munger had been assigned, Brun received an email from his office which stated “It will be necessary to close [Wahab’s] bank accounts and locate all assets in order to apply for Medicaid. I understand that there is at least one account at ****** Bank with both of your names on it. It would be more efficient if you cooperate with the closing of the account(s). I will need proof of closure for the Medicaid application. I will then open a guardianship account at ******** for your mother, pay her bills, and apply for Medicaid.”Even though Wahab was originally admitted for a short-term rehab at Lourdes, on July 1, 2016, according to his own accounting, Munger completed a long-term medical assistance application that entitled Lourdes to three months of retroactive disbursement, faxing the application to Michigan State’s Department of Human Services. Five days later, Munger completed and mailed another admissions packet to Lourdes for Wahab.A July 17, 2016 affidavit, signed by Wahab and filed in court, read “I want to go home with my daughter Mimi.”On August 15, 2016 Brun’s then-attorney sent a letter to Lourdes CEO Sr. Maureen Comer stating “Ms. Brun has not and has never been opposed to negotiating the payment of the outstanding bill. Ms. Brun has made arrangements to take Ms. Wahab home and Ms. Wahab has even signed an affidavit stating she wants to return home.”Two days later, Brun, her attorney and Lourdes received an email from Munger which stated that he was clarifying “for both Lourdes and for yourself, that I am not authorizing either Mimi Brun or yourself to discuss, negotiate or otherwise become involved in any potential discharge plan nor payment.”Munger also went on to say “there have already been repeated complaints about your client’s behavior while at Lourdes facility. I have not yet taken full steps to curtail your client’s visitation, but we may need to revisit that issue.”In a subsequent series of emails Brun’s then-attorney called Munger’s actions “highly inappropriate. You are needlessly dragging on this litigation so you can keep billing and billing.”Munger replied “You and your client will cease any communication with Lourdes administration or management. Your failure to abide by this requirement will simply force me to place the matter before Judge Hallmark, where I will ask that both you and your client be sanctioned for this grossly unprofessional, abusive and threatening behavior. I simply will not allow either of you to interfere with Virginia’s care.”On August 18, 2016, Munger billed Wahab $245 for his drafting “of a petition to limit visitation.”An email that day from Munger to Brun’s attorney stated that it was “due to your attempts to pay Lourdes.” It makes no mention of any complaints about Brun’s behavior.Because he was Wahab’s guardian, Munger was legally permitted to bill his ward for any work on her behalf. A 2017 statement of other fees and services billed to Wahab by Munger and Associates shows that in little over a three-month span, Munger billed Wahab a total of $6,097.00 in fees and services.Brun filed an emergency petition to have Wahab released from Lourdes. In an October 5 hearing in Hallmark’s courtroom, Munger was represented by attorney Joseph Ehrlich.Munger billed Wahab $450 to “attend hearing on court motions and “[a] conference with judicial staff attorney.”Following the hearing, Ehrlich secured an order from Hallmark compelling Brun to pay $25,000 to Lourdes and gave her 25 days to come up with the cash.Brun told me that, because it did not include the provision for her mother to be released, she refused to pay it.A subsequent motion Brun filed to vacate the order stated that “upon review of the transcript of this hearing, at no point did Brun ever agree to pay $25,000 to Lourdes. It does not comport with the settlement placed on record.”Lourdes retained attorney Mary Lyneis to represent them.A November 2016 letter from Lyneis to Brun accused her of violating “Court Orders entered into the Probate Court.”While it did not mention which of those orders Brun was supposed to have violated, it went on to accuse her of “Threatening conduct toward the staff at Lourdes. In addition, you upset your mother with unfounded allegations the staff at Lourdes. As a result, you are hereby notified that you are no longer permitted on the premises. Should you attempt to enter the premises, appropriate law enforcement will be contacted.”The letter offered no evidence of any court order sanctioning a decision to bar Brun from the premises.In a February 2, 2017 email, Lyneis told Brun “We want to be paid. You cannot expect to show up to see your mother when you have not paid for the privilege and you have disappeared since November.”A subsequent email from Munger to Brun stated “If you want to visit your mother and or even remain in contact with her, you would be better served by complying with the existing court order than by continuing to harass everyone trying to see your mother. In particular, pay the $25,000.”Concerned about being able to pay her legal fees, Brun sold her and her mother’s home to Michigan banker Bradley Silverstein on the proviso that he draft a lease for her and Wahab to live there. A lease with that condition was drafted on February 28, 2017.Two days later on March 1, 2017, Ehrlich, Lyneis, and Munger appeared before Hallmark and asked for a series of ex parte orders against Brun.Ex parte orders are issued without the presence of or even notification of the parties it affects. Since due process is Constitutionally guaranteed, these orders are supposed to be temporary while allowing ample room for them to be contested.Brun was not present at the hearing when the ex parte orders were issued. At the time, with the support of her doctor and with his medical order in the court file, she had requested a two-month medical leave from the court.Hallmark also issued a permanent injunction against Brun restraining her from entering Lourdes premises, and a bench warrant for arrest alleging that her refusal to pay the $25,000.00 was in contempt of court.Regardless, Munger and Ehrlich requested that the house be transferred back to Wahab’s name “and then [to] permit Jon Munger to sell the house in order to pay for her care, so that [Wahab] would then qualify for needs-based benefits.” The court issued this order on June 28, 2016.Brun told me that, in the months that followed, Munger attempted to force his way into the house. On August 8, 2017, she filed a police report, complaining that Munger had attempted to enter the house on three separate occasions.When Brun replied that she had never received such an order, Munger wrote “A hearing was held on June 21 in front of Judge Linda Hallmark, and you received notice of that. I have every legal right to enter your mother’s home, and I have done so.”A June 30 email from Munger to Brun read “As you are aware, Judge Hallmark entered an order in the eviction case requiring you to vacate your mother’s home by Wednesday, June 28th 2017. I went to the home with several others on the following day, June 29th, and it was apparent that no one was residing in the home. Accordingly, we had the locks changed and the home secured. Upon our entry into the home, it was apparent that you had left a great deal of valuable personal property behind, including artwork. We deem this to be abandoned property under the law. For the time being, we are holding that personal property and artwork as security for repayment of the $25,000 you were ordered to pay on October 5.”Brun has filed criminal police reports for larceny home invasion and theft against Munger with the Oak Park Police. The police took no subsequent action.On August 30, Munger billed Wahab $245 for “a hearing to set aside deed” and $119 for calls to the real estate agent and the locksmith.Brun said she was not present at any such hearing.Brun’s attorney Phillip Strehle would later tell Hallmark “In October ’16 [Munger] filed a forwarding address card with the post office which has Mimi’s name on top and Munger’s address on it. So, he already knew, as of October ’16, that whatever mail he sent to the house, she would never get, because he sent it to himself. Mr. Ehrlich told me out in the hall that the order of August 30 was entered because it was uncontested. There’s a reason why it was uncontested; because Ms. Brun was not properly served.”Brun finally got a break in October 2017 when attorney Lisa Orlando became Wahab’s new Guardian ad Litem.In two reports Orlando submitted to Hallmark in 2018, she wrote “I visited [Wahab] at Lourdes Senior Community first on November 16, 2017 and then again more recently, on February 28, 2018, at which time I again served her a copy of the petition, notice of hearing and the order appointing a Guardian ad Litem. I don’t believe that Virginia was able to understand the information being presented, however she did clearly say that she did not want to go to court. I then asked her if she wanted Mimi to be her guardian and she said ‘of course!’”“In the opinion of this GAL, it is Virginia Wahab a 94-year-old woman, who is paying the price of these ongoing legal disputes and suffering harm by not being able to see her daughter for more than 17 months,” Orlando added. “To isolate and prohibit an aging Mother from seeing her daughter is heartbreaking to this GAL. Mimi Brun has priority under the statute and is Virginia’s choice to be her Guardian.”An affidavit signed by Wahab’s sister Sr. Helen Essa reads “Mimi is a devoted daughter and attended to every detail of her mother’s care not ever putting her own needs first. I know how desperate my sister is to go home with Mimi and have Mimi care for her. I pray, as we all do, that my sister will not die in a nursing home.”In concluding her report, Orlando cited Michigan statutes.“Under MCL 700.5313(3)(b), [Brun] has priority over a professional guardian,” she wrote. “’If suitable and willing to serve as guardian, the court shall appoint, an adult child of the legally incapacitated individual.’” Under MCL 700.5313(2)(b), [Brun] is Virginia’s choice to serve as her guardian. I discovered no clear and convincing evidence why the Petition should not be granted.”Yet, Munger still remains as the sole guardian for Wahab who is still at Lourdes. Despite her best hopes, Brun has yet to see her and bring her homeThe question remains as to why the Oakland County Probate Court effectively became a debt collector for a nursing facility and why the now 95-year-old Wahab is still held there despite her own Guardian ad Litem opinion that Brun replace Munger as guardian and family members’ pleas to Hallmark that Wahab be allowed to go home with her daughter.On May 25, 2018 Hallmark vacated the order to pay $25,000.00. Hallmark also found Brun not guilty of contempt of court.Brun does not believe the petitions she filed in October to have Munger removed as guardian will even be heard until July.“I have been offering to pay Lourdes the money to let my mother go but Munger refuses to accept my working with the facility,” she said. “I promised Mom that her last chapter would be her best. But I think my mom will die before Munger ever lets her go.”Strehle, who has been Brun’s attorney since October, 2017, told me that he felt the entire case against Brun was “bizarre.”“The transcript of June 29, 2016 does not comply with the statute or the court rules,” he said. “There’s not a single bit of evidence to support even the creation of a guardianship; not one iota of evidence.”He added that for a nursing home to present a petition for guardianship based on a past-due bill is something “I’ve never seen in all my years of doing probate. Ever.”In the [June 29, 2016] transcript, the guardian ad litem [Brown] is the one that’s asking the questions,” he added. “Not Munger. Not an attorney for Lourdes. That’s even more bizarre. Usually, the person asking the questions is the petitioner not the guardian at litem. The court grated it because of an overdue bill. That’s not a basis for getting even a limited guardianship.”Strehle also addressed the March 1, 2017 subsequent bench warrant and injunction issued against Brun.“In my view, the bench warrant against Mimi was entered improperly because of the $25,000 provision which the court recently vacated,” he said in an interview with me. “In her petition Lyneis was seeking a restraining order against Mimi. A restraining order lapses on its own in 14 days. That’s not what she got. The court granted her a broad injunction. Lyneis had a huge burden of proof to get the restraining order. After that, she was supposed to notify us of a hearing within 14 days. She didn’t do that. It was based on no evidence whatsoever.”“After all this time, I still have not seen any evidence to support [Munger’s] guardianship,” he concluded. “I have emails from Lourdes saying ‘we don’t want [Wahab] here.’”“Twice on the record now in open court Ehrlich has said he wants to get the house to pay fees,” [referring to both his and Munger’s legal fees]. “I don’t see how that’s a basis for keeping this poor woman in this location, isolated, with no visitation. I’ve never seen it before in 31 years of doing this.”I reached out to both Lourdes CEO Sr. Maureen Comer and Lyneis. In a series of email responses, Lyneis requested my “credentials” in the form of a “CV”. When I refused to provide her with a resume, Lyneis declined to confirm or deny any of the emails or statements on court transcripts made by her or Lourdes staff members. She also refused to answer a long list of questions pertaining to everything from Wahab’s initial medical diagnosis to why a petition for guardianship was filed over a past-due bill.I also reached out to Hallmark via email and telephone and was told by a staff member in her office that, since she had not responded to my email, it was an indication that she had no comment.An Oakland County Probate Court Administrator later replied, “In the interest of fairness to those involved, it is this court’s policy not to comment on pending litigation.”Wahab’s first GAL, Brown, however, did respond. “As I stated in my report, Ms. Wahab consented to the guardianship,” he wrote. “I also felt, after interviewing Ms. Wahab, that she needed a guardian to be appointed. The information regarding the medicals was given to me by the nursing home regarding Ms. Wahab’s medical condition and are consistent with my report and testimony.”This is not a story drawn from a dystopian fantasy. It is happening today all over America, where Probate Courts employ an exponentially growing network of professional, for-profit guardians.I talked at length to six other families—in Michigan, Arizona, New York and Illinois respectively about their experiences with predatory guardians; some are court appointed professionals, others are family members granted leave by Probate Courts to cut their siblings out of a ward’s life.The tapestry of each story was as complicated as it was heartbreaking. Each narrator pulled on the memory of each thread of that tapestry and found tears, despair, rage and frustration behind it.In October, 2017 WXYZ television in Lansing, Michigan launched an investigation into the Oakland County Probate Court and its court appointed guardians Barbara Andruccioli and Thomas Brennan Frasier whom a family member accused of neglecting and financially exploiting her parents Lorrie and Sandy Kapp.Andruccioli and Brennan have yet to respond to these allegations.The Oakland County Probate Court judge in the case, Daniel A. O’Brien, issued an ex parte order denying WXYZ the ability to show the Kapp’s faces.Andruccioli was subsequently fired as a public administrator and has become part of a still ongoing criminal investigation by both the Oakland County Prosecutor’s Office and the Sherriff’s office yet she still remains conservator and guardian for cases at the Oakland County Probate Court.According to court documents from the Michigan Court of Appeals, in 2011, Hallmark appointed Munger as guardian to Angela M. Robinson who had been declared legally incapacitated. In 2012, her parents Remo and Marie Marzella petitioned Hallmark to remove Munger as guardian and transfer her to their care. They claimed Munger “had not investigated Angela’s best interests or made proper decisions regarding her future care.”Following an evidentiary hearing, Hallmark denied the petition.“I am not going to remove Mr. Munger at this point,” she said. “I don’t find that Mr. Munger did anything wrong.”In a subsequent 2014 lawsuit, the Marzellas accused Munger of committing legal malpractice. Among the complaint’s allegations, Munger “failed to investigate and ascertain Angela’s best interests with respect to her living arrangements, advocated for Angela to live in an institution instead of with her family” and “failed to foster Angela’s family relationships and family involvement in her care and life.”“Angela and her special needs trust were subsequently shorted and she and her family suffered economic and non-economic damages,” the complaint added.Munger claimed that, because Hallmark had already ruled he “did nothing wrong” during the petition for his removal, the Marzellas were barred by “collateral estoppel” (preventing an issue from being relitigated.)In 2016, the Michigan Court of Appeals found that “no discovery was even conducted before [the evidentiary] hearing. Simply stated, the probate court’s decision not to remove Munger as Angela’s guardian was not tantamount to a finding that Munger did not commit legal malpractice or breach fiduciary duties owed to Angela.”It concluded that the Marzellas “never had a full and fair opportunity to litigate the issues underlying their claims.”The same court dealt with the 2007 case of Brenda Cupp—who suffered head injuries after a car accident. According to court documents, her sister Dana Browning had been appointed as guardian. After Cupp’s attorney contested the case, Munger was appointed co-guardian and co-conservator of Cupp’s special needs trust.Five weeks later, Munger petitioned the probate court for Browning’s removal as co-conservator “on the basis that she acted erratically during Cupp’s independent medical examination [IME] and Munger heard second-hand that Browning intended that the money in Cupp’s estate would not be used to pay legal fees.”The petition was granted.In 2010, the Michigan Court of Appeals ruled “the IME incident was not sufficient good cause to remove Browning from her co-conservatorship position a mere five weeks after her appointment” and that “the probate court abused its discretion in finding that good cause existed to remove Browning as co-conservator.”In 2002, Joseph Ehrlich, was sanctioned over $113,000 by a Michigan Court for “pursuing frivolous litigation” in a case disputing the estate of John J. Fannon, Jr.Ehrlich appealed in 2005 and, in denying that appeal, the court stated that “The record reflects that, when they joined the case, Ehrlich and his firm continued to file pleadings and documents that lacked factual and legal support. The record clearly reflects that Ehrlich failed to make reasonable inquiry into the factual and legal merit of the claims he asserted on behalf of plaintiff when he knew or should have known that they lacked such support.”On his website, Munger claims to be an Oakland County Public Administrator although an email from State Public Administrator Michael Moody reads “Mr. Munger’s appointment as an Oakland County Public Administrator was terminated on October 6, 2017.” Munger is also not among the Oakland County Probate Court’s list of Public Administrators.Between June 29, 2016 and September 19, 2017 Munger’s statement of fees and services billed for his guardianship of Wahab totaled $12,282.I reached out to Munger by email and telephone and was told by his office secretary that he had no comment.I reached out to Ehrlich via email and telephone. His office secretary responded that Ehrlich had never received the email. When I asked to speak to him in person, she concluded the conversation.There are also a number of cases involving Holocaust survivors.Al Katz barely escaped numerous Nazi camps, including Dachau, only to become the ward of guardians in Florida at the age of 89, as court documents show.“My father came to the United States in 1946,” his daughter, Dr. Beverly Newman, told me.“His mommy, daddy, little brother, older sister, her husband and their one-month-old baby had all been murdered. He was a walking skeleton with no money, no job and didn’t know the English language. He felt very alone.”Nevertheless, Newman remembered that her father never lost a wonderful sense of humor while he lived by the motto “Never forget, never forgive and never be bitter.”It was at a Purim ball in Indianapolis that Katz met Sophia Passo.“He was stricken with love,” Newman laughed. “He asked her over and over again to marry him. She just would not do it.”Katz started to work in bakery and then a packing house where he was injured twice. It was when Sophia was visiting him in the hospital that she relented.He and Sophia were married in 1947. Katz began a successful insurance career. The couple had two children, Newman and her younger brother, and were inseparable for over thirty years until Sophia passed away in 1977.The devastation Katz felt remained with him the rest of his life.After retirement, Newman said that her father became a snowbird, spending winters in Florida.In 2009, concerned for his health, one of Katz’s doctors contacted a public guardian.That individual was M. Ashley Butler who worked in the Office of Public Guardian for three Florida counties since 2006 together with a partner, Jo Eisch, under the business name Aging Safely, Inc.Newman maintained that the first she heard about it was when she was told by Katz’s Indianapolis attorney that “there are people poking around about putting your father into guardianship. That was August of 2009.Newman added that hospital records she obtained from the time include numerous orders made by the guardians not to inform her of any medical decisions or procedures.“On Rosh Hashanah, September 18, [Butler and Eisch] filed papers to put my dad into Emergency Temporary Guardianship,” Newman said, adding that neither guardian had ever met her father. “They didn’t even know him. I have the transcripts of the hearing. The judge knew that I had not been contacted and went ahead and approved it anyway. Things then moved very quickly.”A 2011 Florida Supreme Court complaint filed by Newman and her husband noted that Bradenton attorney Ernie Lisch was appointed by the court to act as Al’s counsel.“Despite many irregularities at the hearing, Lisch took no steps to advocate for or protect the rights of his client,” the complaint reads. Lisch contested these allegations, and the Florida Appellate Court ruled in his favor.Newman discovered that Katz had been placed in Casa Mora Nursing Home in Bradenton.In 2015, the Bradenton Herald reported that the facility was one of three on a Florida watch list “due to prior problems or deficiencies.”The Herald noted, among those deficiencies, “A 58-year-old Casa Mora resident and the resident’s representative had requested in a resuscitate order that the resident receive CPR if she was ever found unresponsive. This procedure was not followed when she fell unresponsive. She was pronounced deceased after not receiving CPR.”According to the article, these deficiencies have since been corrected.Casa Mora is no longer on the state’s watch list.Newman and her husband Larry immediately drove from their home in Indianapolis down to Florida.She asserted that, shortly before they arrived on September 20, Butler utilized the Florida Baker Act—which allows for involuntary commitment—in order to place Katz in Manatee Memorial Hospital.“They said that he had taken his walker and bumped it into someone at the nursing home,” Newman said. “But my Dad was barely able to use a walker. He was in very poor physical condition and not a danger to anyone else. They never told him anything. Not what was going on, nothing. We arrived while daddy was in the Manatee Hospital emergency room. It was horrifying. My dad just wanted to go home. A psychiatrist chosen by Butler and Eisch made a No-Contact order. The hospital kept my daddy in an underground unit, like a dungeon. There were armed guards and these huge electronic doors. A nurse told us he was pacing the halls like a caged animal. It was traumatizing.”She added that Katz was there for three weeks.Newman remembered Katz calling Butler and Eisch “Nazis” to their faces.Meanwhile, like the family members in Michigan, Newman launched a fight to have Butler’s guardianship removed and her father returned to her care, as court documents show.Opposed by Lisch, the case was heard on October 26, 28, and 30, 2009 in Florida’s Twelfth Judicial Circuit Court.“In the intervening three weeks, Katz was repeatedly hospitalized and near death,” the 2011 complaint noted.“Guardianship in Florida is a very lucrative industry,” Newman said. “People who go into guardianship lose every cent they ever had. Their families are wrecked.”She stated that the guardians even took control over her father’s Holocaust Survivor Compensation checks as part of their oversight of her father’s assets.I attempted to track down Butler. The telephone numbers for Aging Safely have been disconnected. Email addresses for Butler have been shut down. The last I-990 tax return filed by the organization in 2014 listed bet assets of $1,767.00.As of publication, Eisch had not returned phone calls or email requests for comment.In Newman’s case, Florida Circuit Court Judge Paul E. Logan (now retired) restricted visits to her father to only three hours-per-day. “He said I could never tell my daddy that I was fighting in court to get him home or that he was under guardianship,” Newman asserted. “If I did, I would lose visitation completely. Daddy was crying and saying, ‘Take me home!’ ‘Why do you have to leave me?’ ‘Why can’t I go home with you?’ and I was prohibited by court order from telling him the truth.”On November 23, 2009 Newman won her petition for guardianship of her father but not his property.“I didn’t care,” she said. “I just wanted to get daddy out of the nursing home and hospitals and give him a real life. It was such a relief that I couldn’t stop crying.”However, by then, Katz was extremely ill and in the hospital.“I spent Thanksgiving that year with my daddy and in the hospital,” Newman said. “In some ways, that as the best and worst Thanksgiving of my life. At least I could shower him with love and attention.”By the time Newman and her husband got Katz home, it was Hannukah.“He was finally smiling,” she said. “By New Year’s Eve, he was able to eat and talk. We took him to a restaurant that he liked. We got him all dressed up. He wanted us to take pictures of us celebrating New Year’s Eve. It was a happy time.”Their time was all too short. Katz passed away on July 11, 2010.“He had no catheters or feeding tubes in him,” Newman said. “He was just as normal as you could be at 90-years-old.”In January that same year, Lisch filed a petition for $24,354.15 in attorney’s fees and expenses.“For doing essentially nothing,” Newman asserted.She opposed it and took the case all the way to Florida’s and then the United States Supreme Court, the latter of which declined to hear the case. Ultimately, Lisch prevailed in his original petition.Even nine-years after her father’s death, Newman said she is still subjected to verbal abuse and numerous accusations from those with a vested interest in a system against which she has actively taken a stand. Meanwhile, she continues to fight in Indianapolis to settle her father’s estate and to remove liens on Katz’s properties.In 2006, in the case of Marshall v. Marshall, the USSC determined that issues dealing with Probate Courts are “reserved to state probate courts” and “also precludes federal courts from disposing of property that is in the custody of a state probate court.”In memory of her father, the Newmans founded the Al Katz Center for Holocaust Survivors and Jewish Learning in Bradenton.“We serve many hundreds of persons every year through advocacy and programming open to the entire community,” the Center’s website reads, “and we are life-sustaining and life-saving to elders in peril and trauma.”On the opposite side of the country, the probate and guardianship system created another activist and family advocate out of an individual who found herself opposing those who have successfully exploited it.The Bradenton police department wouldn’t help Newman. Brun said that the police in her case were similarly unable to act, unless it was to prevent her from entering Lourdes to see her mother.[T}here is an organization that advocates for those working in the profession.The National Guardianship Association (NGA) was formed during a national conference in Chicago in 1988—one year after the AP’s article was released.In the 30 years that followed, the NGA’s membership increased to over 1,000.Sally Hurme is an attorney and member of the NGAs Board of Directors. She said that, while she is not and has never been a guardian, she has been involved in developing guardianship policy for decades.“NGA does not have any mechanism by which to do anything other than to keep developing standards of practice and educating individuals who want to provide excellence in guardianship,” she said.According to the NGA’s website, those standards of practice have increased from the original seven to their present number of 25. In 1997, the NGA voted to create an entirely separate entity, the Center for Guardianship Certification (CGC) on whose board Hurme has also served.It states its vision as one in which “every professional guardian will obtain and maintain CGC certification.”“The CGC is the only national certifying body for guardians,” Hurme said. “Any guardian; professional, family, public or volunteer is welcome and encouraged to become certified.”Among the five pillars Hurme listed as necessary to obtain certification is an examination.To become a Nationally Certified Guardian (NCG), the $375 exam is scored on core competencies including professional practices, knowledge of person under guardianship, application of surrogate decision making, medical decision making and personal and financial management.The competencies listed in the $525 examination to be certified as a National Master Guardian (NMG) are basically the same with the addition of “professional practices of a master guardian” and knowledge of the guardianship planning process.Hurme stated that, at present, there are approximately 1,500 certified guardians.“There is an agreement to a disciplinary process which receives grievances, determines whether there is probable cause to go forward with a professional review board,” she stated.Ironically, according to Hurme, the professional review board is one in which “due process” is afforded to a certified guardian while a determination is made as to whether or not they have violated standards of practice.“The professional review board has a range of sanctions from a letter of concern, to suspension, dismissal to decertification,” Hurme said. “The one problem with the CGC process is that we can only hear grievances if the individual is certified. If we receive a complaint about a guardian that is not certified, our hands are tied. There’s nothing the CHC can do.”The CGC’s list of disciplined guardians posted on its website numbers 12 and includes April Parks alongside guardians from Oregon, Texas, Utah, Nevada, New Hampshire, New Mexico, Ohio, Oregon and Michigan.The CGC lists 12 States that ask for mandatory CGC certification for its guardians or have their own State-specific licensing requirements. In the case of California, it’s a combination of the two. Michigan is not among them. Since 2016, Florida has employed The Office of Public and Professional Guardians (OPPG) to regulate “more than 550 professional guardians statewide, which includes investigating and, if deemed appropriate, the discipline of guardians in violation of the law.“NGA and many of the other organizations such as those that are members of the National Guardianship Network are continually striving to make guardianship work better for those individuals who will need it,” Hurme said.As an example of those efforts, Hurme noted the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA). The over 150-page document was drafted, over the course of two years, by a committee consisting of multiple stakeholders including representatives from the American Bar Association (ABA) and was approved and recommended for enactment in all US States at a July, 2017 meeting of the National Conference of Commissioners of Uniform State Laws.Hurme stated that members of the NGA, herself included acted as technical advisors to the commission “in making sure that the new model; law addresses many of the issues that are floating around in guardianship; perhaps that there are too many guardianships and that there needs to be more emphasis in limiting the authority of the guardian, better recognition of the due process rights of the individual and a more person-centered focus of the individual in the hearing process that limits the authority of the guardian.”American Association of Retired Persons (AARP) Senior Legislative Representative Diana Noel was part of the drafting committee.“I felt as if it was a very thorough process that was very public,” she said. “There were a lot of people in the room. One of the things that is very important; that the drafting committee really wanted to come across, which is why the name is so long, is to recognize that guardianship was a system that was really not including the individual that it was about. One of the things the act did was to update terminology. Instead of using the term ‘ward’, it’s ‘individual’ so that the focus is on the individual and so that they have a say in their care.”A Uniform Law Commission document encouraging States to adopt the UGCPOAA, declares that, under the act, “Each guardianship and conservatorship will have an individualized plan that considers the person’s preferences and values. Courts will monitor guardians and conservators to ensure compliance and approve updates to the plan in response to changing circumstances.”It adds that “Without a court order, a guardian under UGCOPAA may not restrict a person under guardianship from receiving visits or communications from family and friends for more than seven days, or from anyone for more than sixty day” and that the act “prohibits courts from issuing guardianship or conservatorship orders when a less-restrictive alternative is available.”These provisions and others in the UGCOPAA could have protected Brun and her mother had the act been adopted in Michigan.It hasn’t.As of the time of publication only Maine has adopted it. The New Mexico State Legislature introduced it this year and opened it up for public comment.Hurme pledged that the NGA would direct its advocacy efforts to assisting States in understanding the importance of what she called “a forward-thinking law.”“This isn’t a partisan issue,” [Noel] asserted. “This isn’t a caregiving and an aging issue. I don’t want you to think that, because States haven’t adopted it, that means that they are not looking at it. They may be looking at it. These things take time. They look at their current laws, they see what’s working and what’s not working and how things like the Uniform Act could help fix what’s not working or enhance what is.”“As long as I’ve been here, I’ve been working on this issue,” she said. “States have been working on and updating their statutes because they are pretty outdated. They’ve been around for a very long time. It’s a very complicated system. What we’re doing and what states are doing is making sure that policy and practice meet and complement each other.”The Elder Abuse and Prevention Act passed by the senate and signed into law by President Trump in 2017, charged the Department of Justice with establishing “best practices for data collection on elder abuse” and “in coordination with the Elder Justice Coordinating Council, [to] provide information, training, and technical assistance to help states and local governments investigate, prosecute, prevent, and mitigate the impact of elder abuse, exploitation, and neglect.”“We have a real long history in combatting abuse and exploitation and ensuring that State laws address and prevent abuse by a guardian or a neighbor or whoever,” Noel said. “We’ve really been engaged in working not just with State legislators but State courts.”Wondering about the laws in a State like Michigan and how far they extended in the protection of wards and their families from predatory guardians and the probate courts which employ them, I reached out to probate attorneys across the State.Nathan R. Piwowarski is a highly respected lawyer and share-holder at the firm of McCurdy Wotila & Porteous, PC in Cadillac. He has been practicing trust, estate and elder law for ten years.Ronald Dixon has practiced law since 1975 and served as a hearing panelist for Michigan’s Attorney Discipline Committee for approximately 25 years.Neither Dixon nor Piwowarski were asked to comment on or given the details about any case pending or decided in Michigan Probate Courts.“The problem is that when a person needs a guardian or conservator, frequently the family members are not worked with by the court or by the guardian appointed,” Dixon said. “The families are concerned, always, about the living conditions for the ward.”He added that a conflict between a conservator and the family can be easily avoided with a durable power of attorney that specifically names a family member and an alternative as guardian and conservator “and none other.”However, if judges arbitrarily strike down a durable power of attorney in favor of a court-appointed guardian, Dixon noted that “they should not do that. They should follow the family wishes. If that happens, it should be immediately appealed.”He added that a judge needs to demonstrate sufficient grounds as to why a power of attorney listing a family member can be discarded.“The record should be complete,” he said. “Showing the reasons why this person is not qualified or cannot maintain their position.”Piwowarski noted that the issue “can get a little bit complicated” depending on whether the power of attorney is generic and related to financial transactions or whether it concerns healthcare and placement issues (a patient advocate designation.)“In the case of the latter, unless the court specifically invalidates that document and removes the patient advocate, it remains in place,” he said. “The law presumes that the patient advocate would continue serving. That document should stay around unless there was some problem with it like there were not an adequate number of witnesses when it was signed. There are also situations where there is a valid document, but the patient advocate is not doing their job or honoring the person’s preferences.”In terms of the Constitutional rights a participant in Michigan’s Probate Courts can expect, Piwowarski cited Michigan Compiled Law (MCL) 700.5304 (4) through (6) which addresses the rights of the individual who is allegedly incapacitated.“They include the right to a jury trial [or] a closed hearing, if they request it, the right to be present at a hearing, the right to obtain an independent medical examination,” Piwowarski said. “There are other procedural rights and protections that are supposed to be afforded the individual who is the subject of a guardianship petition. For example, they’re entitled to personal notice in advance of the hearing. The minimum personal notice requirement is seven days. They are supposed to be given a visit by the Guardian ad Litem who is then supposed to report back to the court, in a timely manner, about whether that individual desires to contest any aspect of the petition or exercise any procedural rights such as the right to request something less intrusive than a full guardianship.”According to Piwowarski, different rights are afforded to those who have an interest in the subject’s welfare.“There are certain rights that they just don’t have,” he said. “They can’t demand a jury trial. But if there is a durable power of attorney, all of those individuals are entitled to notice and entitled to participate in the proceeding.”“In terms of who should be serving as a guardian, the nominated patient advocate is right near the top of the list,” he added. “So, the court should be looking to the patient advocate before almost anyone else. The way the statute should work and the way that it’s written is that the court can only intervene in a person’s affairs if that person is legally incapacitated and if there’s an actual need for the court to intervene. The court should evaluate, on the record, why a patient advocate is inadequate. There are express provisions in the Estates and Protected Individuals Code that tell the petitioner and the judge that they have to identify why the court has to actually intervene alternatives short of guardianship can’t be used.”The question of how much power a professional guardian in Michigan has Piwowarski noted both a statutory and political dynamic.“In terms of the statue, a guardian has the right to set appropriate access and limit access for a protected individual,” he acknowledged. “That said, the guardian is specifically required by statute to do everything they can to have as full of a life and as high of a level of function as possible. In terms of financial transactions, the court can issue protective orders to remediate situations where a vulnerable person made a property transfer when they didn’t understand it or were under inappropriate influence. A conservator is not able to do something like that without a court order and there should be pretty significant showing before a court would reverse a transaction like that.”“In my experience the court is typically appreciative of the willingness of a public fiduciary [guardian] to serve,” Piwowarski added. “There is such a need right now for a variety of reasons; families are smaller and more spread out. The public fiduciaries typically are overworked so I can certainly see a situation where a court adopts an overly deferential attitude because of the role that they serve in keeping the local legal system functioning.”“Oakland County is the wealthiest county in Michigan bar none,” Dixon said. “Frequently estates are incredibly large. Public administrators can err on the side of greediness for him or herself. Frequently, because the judge trusts them to carry out their tasks properly and in good order and rely on them for accurate information.”On a national level, the sheer power that has been extended by Probate Courts over wards and family members raises the question as to what the point is of making any kind of will when it can be rendered meaningless.******Gretchen Rachel Hammond is an award-winning journalist and a full-time writer for Tablet MagazineGuardians from Hell - Tablet Magazine