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What do gun owners dislike about Joe Biden’s gun control policies?

Thanks for the a2a.Too long didn't read: We hate everything about joe bidens gun control policies.Long answer:It could not be more crazier if charles manson wrote it himself.Joe Biden's Plan to End Gun Violence | Joe Biden for PresidentRemember it sounds nice on paper. I could say I will end homelessness by creating a government funded program to end homelessness in America. If you dig deeper youd find the plan to end homelessness is through euthanasia.Biden claims his Brady handgun violence act has kept 3 million people who shouldn't have a gun from having a gun….however the truth is that is bullshit. If you look at prosecution of prohibited people who lie on a federal form to buy a gun which is a felony that carries a 10 year prison sentence and a 250,000 dollar fine…out of 120,000 (fluctuates but is around 120k) lie and buy referrals for prosecution…results in just 12…When gun buyers are caught in 'lie-and-try,' how many are prosecuted? 12Then there is straw purchases which is how criminals often get guns. A straw purchase is when someone buys a gun for someone who refuses to do the paperwork because they legally cannot buy a gun.'Straw Buyers' Of Guns Break The Law — And Often Get Away With ItSo his 3 million claim is accurate but it fails to disclose that these 3 million prohibited people just break the law anyway and are never arrested for it. They remain free to keep trying to illegally obtain a firearm through other means causing untold damage to our communities.So right off the bat he's not in our good graces.Wants to open up manufacturers to legal liable for people who illegally use the gun to commit a crime. It is like if A Ford hits my truck that I sue ford for being liable for the driver of their vehicle who was not paying attention. Its a horrible idea.Claims to want to remove weapons of war off our streets….weapons of war are not on our streets. The AR-15 has NEVER BEEN ISSUED TO ANY MILITARY. Weapons like the m16 have been illegal for civilian ownership with the passage of the 1986 firearm owners protection act. The only civilians who own automatic weapons are the ones that are currently federally registered complete with the owners fingerprints and photo. These are also over 20,000 dollar weapons minimum. Those made after 1986 are owned by people who have federal business licenses through the ATF. These licensed individuals can only sell these weapons made after 1986 to other government licensed individuals, the government, military or law enforcement.Banning “high capacity magazines” is unconstitutional. Infact Duncan v. Becerra is a case in california the attourney general Beccera is desperately fighting to defend California's law banning magazines over 10 rounds fell afoul of the common use set in the landmark ruling Heller vs DC.Regulate AR-15s under the NFA. The NFA is the national firearms act of 1934 which set up categories of weapons for federal registration. This would be illegal as AR-15s do not meet any category of NFA weapon. The NFA was passed to limit “gangster weapons” like the BAR rifle used by john dillanger.Those categories are:Machine gunsThis legal definition includes any firearm which can fire repeatedly, without manual reloading, "by a single function of the trigger", which is broader than the common definition. Both continuous fully automatic fire and "burst fire" (e.g., firearms with a 3-round burst feature) are considered machine gun features. The weapon's receiver is by itself considered to be a regulated firearm. A non-machine gun that may be converted to fire more than one shot per trigger pull by ordinary mechanical skills is determined to be "readily convertible", and classed as a machine gun, such as a KG-9 pistol (pre-ban ones are "grandfathered").Short-barreled rifles (SBRs)This category includes any firearm with a buttstock and either a rifled barrel less than 16" long or an overall length under 26". The overall length is measured with any folding or collapsing stocks in the extended position. The category also includes firearms which came from the factory with a buttstock that was later removed by a third party.Short barreled shotguns (SBSs)This category is defined similarly to SBRs, but with either a smoothbore barrel less than 18" long or a minimum overall length under 26".SuppressorsThe legal term for a suppressor is silencer. This category includes any portable device designed to muffle or disguise the report of a portable firearm. This category does not include non-portable devices, such as sound traps used by gunsmiths in their shops which are large and usually bolted to the floor.Destructive devices (DDs) - (added to the NFA of 1934 via the Omnibus Crime Control and Safe Streets Act of 1968)There are two broad classes of destructive devices:Devices such as grenades, bombs, explosive missiles, poison gas weapons, etc.Any firearm with a bore over 0.50 inch except for shotguns or shotgun shells which have been found to be generally recognized as particularly suitable for sporting purposes. (Many firearms with bores over 0.50 inch, such as 10-gauge or 12-gauge shotguns, are exempted from the law because they have been determined to have a "legitimate sporting use".)Any other weapon (AOW)Firearms meeting the definition of "any other weapon", or AOW, are weapons or devices that can be concealed on the person and from which a shot can be discharged by the energy of an explosive. Many AOWs are disguised devices such as pens, cigarette lighters, knives, cane guns, and umbrella guns. AOWs can be pistols and revolvers with smooth bore barrels (e.g., H&R Handy-Gun, Serbu Super-Shorty) designed or redesigned to fire a fixed shotgun shell. While the above weapons are similar in appearance to weapons made from shotguns, they were originally manufactured in the described configuration rather than modified from existing shotguns. As a result, such weapons do not fit within the definition of shotgun or weapons made from a shotgun.The AOW definition includes specifically described weapons with combination shotgun and rifle barrels 12 inches or more but less than 18 inches in length from which only a single discharge can be made from either barrel without manual reloading.The ATF Firearms Technology Branch has issued opinions that when a pistol (such as an AR-type pistol) under 26" in overall length is fitted with a vertical fore-grip, it is no longer "designed, made and intended to fire ... when held in one hand," and therefore no longer meets the definition of a pistol. Such a firearm then falls only within the definition of "any other weapon" under the NFA.The AR-15 would require biden illegally rewritting an act of Congress which he does not have authority to do. It should also be noted the ATF has also violated this by rewritting bump stocks and maybe doing it again with pistol braces for pistol versions of Ak platform and AR-15 platform rifles. The ATF doing this violates the seperation of powers within our government. The ATF cannot legislate through opinion making.The buy backs that biden thinks he can do are vehemently opposed. You cannot buy back something you never owned. You cannot force us to sell you our property which we legally bought either.Biden wants to limit how many guns we own to reduce stock piling weapons…how about no. What we buy is our business. If I wanna buy a 22 to hunt squirrels and a muzzleloader to hunt deer I should not have to wait to buy a gun because some asshole thinks hes doing something good. It could be a very harmful policy. If a woman bought a 22 caliber rifle prior to breaking up with her abusive boyfriend she shouldnt have to wait a month to buy a handgun cause the creep is sending death threats to her.He wants a universal background check. Universal background checks are something only misinformed people think is good. 1 in 5 criminals get a gun with a background check cause the other 4 have someone else buy it for them. Plus how can a citizen run a background check? Remember black americans think the police are racist and are out hunting them. They will be uncomfortable walking into a police station to buy a gun. We prefer switching to the BIDS or blind identification system for a background check which could easily be made into an app to allow a citizen run a background check without exposing the buyer or seller at risk for identity fraud.Biden also thinks guns sold online do not have background checks. It is federal law all internet sales across state lines needs to go to a FFL. Gun owners also go into gun shops and do transfers through the FFL for a background check on privaye sales unless they are immediate family.Biden wants to close the boyfriend loophole. Biden proves once again he's a fudd. The boyfriend loophole is an imaginary loophole that anti gun and ignorant people made up. They allege that a dimestically violent boyfriend can buy a gun putting the woman at risk.Please download the following: https://www.atf.gov/firearms/docs/4473-part-1-firearms-transaction-record-over-counter-atf-form-53009/downloadThis is the federal background check. I draw your attention to the definitions on page 5 lower left hand side for question 21 i.Notice the terms partner and intimiate partner…this legally includes abusive boyfriends…I also draw your attention also on page 5 the definition for 21 b.Again…boyfriends who are abusive are prohibited by federal law. Only fudds like biden dont know this. Only people who willfully do not research a subject before forming an opinion do not know this.Biden wants the Social security administration to throw people into the prohibited category. The social security aministration cannot lawfully do this. The reasoning to fudds like biden is that SSA can adjudicate. Ajudication is a legal process involving a judge who is involved in litigation. The SSA is not part of the judicial branch of government. So this would be illegal which is why trump reversed course before the government lost its pants and tighty whities in a major class action law suit for illegally denying people their rights under the second amendment. A doctor would have to testify in court you cannot have a weapon for ajudication to show your mentally ill or have to have entered a plea of not guilty by reason of insanity for this to happen. The SSA cannot do it.Biden wants to make it so if you been convicted of a misdemenor hate crime or a crime of bias to prevent you from having a gun. This is a whole level of ignorant. Hate crimes in states are felonies which prohibit you from owning a gun to begin with. They usually mimic federal law being 10 years in prison. Misdemenor hate crimes are often more then 2 years in prison. A misdemenor of more then 2 years in prison under federal law makes you a prohibited person exempt from owning a firearm.Biden wants to increase the feds having more time to investigate you from 3 days to 10. The issue with this is new Jersey. There is a case where a woman was waiting 43 days for her background check to clear when it was supposed to be returned in 30 days. She was stabbed to death in her drive way by her abusive ex which is why she wanted the gun. She died. We will not green light anyone sitting on paperwork to investigate. If the feds with the instant results of the nics cant do their job in 3 days they dont need another 7.Biden claims he will close the fugitive from justice loophole. I again ask for you to review the 4473.Again question 21 d page 5.Federal law already prohibits fugitives from justice from buying a gun. The 500,000 fugitives purged by trump were records for individuals who under federal definition did not flee the state to avoid prosecution. It was attributed to trump…the decision was actually made by obama when Joe biden was the second highest man in the land.“That was a decision that was made under the previous administration,” Bowdich replied. “It was the Department of Justice’s Office of Legal Counsel that reviewed the law and believed that it needed to be interpreted so that if someone was a fugitive in a state, there had to be indications that they had crossed state lines.”So legally 500,000 people were illegally added to the nics database as a fugitive from justice even though they did not meet the legal definition of fugitive from justice….law suit…government loses its pants and undies.Joe biden wants to ban the sale of guns online, along with parts and ammunition. No…that is insane. It would violate the interstate commerce laws and constitution so bad.He wants to create an agency to ensure prohibited people give up their guns. Pretty sure that will look like Waco and ruby ridge…the answer is no joe!Joe biden wants red flag laws. Red flag laws are where someone says your dangerous and law enforcement storms your house to take your lawfully owned property without you going before a judge. This is a violation of the 5th and 14th amendment which says no one can take your lawfully owned property without your day in court. These red flag laws are ripe for abuse. They have already been abused. I have a friend who was a cop who was fired from his job after his weapons were taken away cause of a spiteful ex wife who lied to cause him trouble during a messy divorce. He lost his job cause it appeared he was guilty why else would his guns be taken away…oh yeah cause his ex wife lied to get back at him for divorcing her. He still has not gotten his guns back despite a court order either. Hell no Joe.He wants licensing through states. No offense but state licenses are a registry. Registry leads to a list for confiscation…people say its not a registry…it's a license…how do you think they keep track of who has a license and who doesn't…a list… plus anti gunners and fudds claim licenses reduce firearm trafficking….last I looked murder was illegal. Just cause you make something illegal doesn't mean it stops…murder..prostitution…meth..coke..rape…theft..money laundering…running across a boarder…blowing up buildings…arson…drunk driving….all illegal all still happen. No Joe no.Funding the background check…no Joe…we need to end states using local police to do background checks. We need to make it mandatory that states submit records to the federal government or lose ALL federal funding and open states up to be liable for failing to submit records to the nics database by allowing families to sue the state. Its called accountability Joe.Establish a new Task Force on Online Harassment and Abuse to focus on the connection between mass shootings, online harassment, extremism, and violence against women. Dear Joe…I know you have dementia. Police and law enforcement has cyber divisions for this. Mass shootings are commited by people who are depressed and angry and looking to hurt others. We know this from a man who was going to shoot his school up or a mall. The answer is no to your task Force.Establish risk accessment to identify domestic violence victims at risk of being killed with a gun by their abuser. Joe no. The problem is domestic violence victims cover for their abusers and will even lie to police. I know this cause one year I spent new years with police when a dude punched his girlfriend and she was laying motionless on the ground with a busted lip. Unfortunately I did not see the punch just him standing over her on the ice covered ground with his hand in a fist screaming at her he will hit her again while she was unconscious…she told the police and me that it was her fault. She slipped and hit her face on the telephone pole 12 feet from where she was laying on the ground. Needless to say the small town found out and he got jumped by some yokels in a bar room bathroom…not that I was involved with that. Any who the police cannot access if victims cover for the abuser. Houston control to Joe fudd come back joe fudd.Joe wants smart guns. Sounds good on paper. Smart guns use RFID technology. Rfid technology is broken. I dont mean broken as in it dont work. I mean broken as in criminals are using stuff from hardware stores to exploit the RFID chip in your credit card to steal it. You might as well just leave your gun on the front porch for criminals. The other issue is fingerprint smart guns…its used on gun safes too. It is…well a joke.Fingerprint recognition is spotty especially with wet or dirty fingers.LPL Picking Gun LocksIn fact the lock picking lawyer trashes a lot of gun locks including fingerprint locks. Fingerprint technology just is not mature enough yet. I also saw such stuff embedded in epoxy in pistol grips. These things are dumb. I can use a heat gun from homedepot to reheat the epoxy to remove the “Smart Components”.Hold adults accountable for minors having guns. No Joe. That is already law. It is illegal for a minor to be in posession of a firearm when not in direct supervision of an adult. It also prohibits taking young kids hunting or teaching them safe firearm handling under your fudd proposal.Require gun owners to lock their guns up. Gun locks are a joke. They can be opened within seconds…even without lock picking tools. I have seen gun locks opened with a star wars Lego character.See lock picking lawyers playlist on gun locks!! LPL Picking Gun Locks PSA (public service announcement) california DOJ certified gun locks require are certified as compliant if they can withstand being picked for 2 minutes by a person with a screw driver and a paperclip who does not know how to pick a lock. Thats right lock picks are not allowed to be used for certification! False sense of security. No joe no stop being a fudd.Joe wants to make straw purchasing a serious crime…Joe its already a serious crime punishable by 10 years in prison and or a 250,000 dollar fine. It does not get more serious…Joe wants to give more funding to prosecute straw purchasers…Joe they got plenty of funding..they choose not to prosecute…if a real gun owner got into the white house they'll pass a law that the prosector who denied to prosecute a straw purchaser is guilty of dereliction of duty and are civilly liable for any death or injury to the victim or their family and can be sued by the victim and their family. That will light a fire under them to do their job.Joe biden wants to notify state and local law enforcement of any and all firearm denials to prevent prohibited people from buying guns through other means. Joe they cannot legally buy the gun…even attempting to is illegal under federal law…cause they would have to lie on the 4473. Plus I am an FFL. I have seen firearm denials on state mandated background checks denied because under other identifying charactistics the customer put that he had a nice dick…I have seen denials for doodling on the 4473…i have seen denials for crossing out mispellings in the address…I have seen denials cause a pen died and half a letter was visible with ink but the ink was uneven on the lettering causing it to be denied…are we really going to waste police resources having local police following up for nice dick, big tits, and badonka donk and bubble butt denials? No no the police got better things to do. The feds are more then capable of doing their job by executing their duty to make arrests for which they are collecting a pay check for with our tax dollars.Mandate that lost or stolen guns are reported….oh Joe what nursing home did they abduct you from. Gun owners already self report stolen firearms without the law you propose. If someone steals your car joe you dont shrug and say uh well I'm not required by law to report my car stolen so I'm not gonna do anything…we wont compromise with you. Gun owners know when you give an inch anti gunners and fudds will take a 1000 miles by cramming it full of your anti gun fudd wish list that we do not support in the slightest so no. It sounds reasonable but so did the idea of the greeks leaving a trojan horse to appease the gods of troy….how did that work out for Troy again? No.Stop ghost guns…joe that would be illegal as well. It runs afoul of the second amendment cause of common use. Home made guns have been in our country since we were a British colony. Millions and millions of such guns exist. That would run afoul of the heller common use standard. You also cannot ban 3d printers as they are also in common use…you don't have legal standing for that…or lathes…mills…cnc machines…screw drivers…hammers…welders that are also used to build weapons. You also cannot ban the 3d printed files as code is protected by the constitution as free speech. In the 1990s while you were sleeping in the senate joe the electronic freedom foundation took on a series of cases for a man named Bernstein a cryptographer who wanted to release the source code for an algorithm he made. The us department of justice wanted him to get a license to do so. He sued and won as the supreme court found code is infact a protected form of free speech in the case Bernstein v. Department of Justice. So you would be breaking many laws Joe. The answer is no.Restructure the atf and fund it…the ATF doesnt need restructuring it needs abolishing. The ATF now legislates when its not supposed to. They also have a lot of illegal things they do.Padding numbers - Specific Acts of Unlawful Reprisal Against ATF Agents, Employees & Whistleblowers.The FBI can do everything the ATF does…the FBI already runs the background check.Have the atf report on firearms trafficking….joe the FBI does that. The FBI investigates trafficking and unlike the atf already reports on it.Six Indicted on Gun Trafficking ChargesYoud know that if you stopped rambling about how your proposals would help a worker in Scranton pennsylvania or talking about your hairy legs and read a memo that you didnt forget you were reading and wander off.Dedicate the brightest minds to solving gun violence…Joe your brightest minds lack common sense…for example out of 30,000 gun deaths a year 20,000 are suicides…your brightest minds are puppets who will parrot the illogical claim that just so happens to suit your anti gun agenda ban all guns. They dont have the brains to understand taking a gun from someone whos suicidal does not change that they are suicidal. Sure it may make them choose another less successful method but that's a coin toss. The common sense thing is to change their mind with intervention programs to prevent them from becoming suicidal.Prohibit federal funds from being used to arm or train educators…bad Joe bad. Through federal funds you could ensure they are properly trained and equipped to safely use their gun around children. Believe it or not there's 2 places educators are armed and they have never had a school shooting in the school. They also got a program for students who see or hear bullying or violent longings to report it anonymously so the school can prevent a school shooting. Armed teachers and anonymous reporting by students saves lives.Biden believes his plan of locking guns up with atrocious gun locks and red flag laws would prevent gun suicides…no Joe…they won't.Biden wants trauma centers for gun shot wounds…the hospital has those!!! Infact er doctors recieve training just for treating gun shot wounds and are very good at it…we dont need your trauma centers.These trauma centers for sexual assault and domestic violence also already exist…they specialize in it…they exist within a federally funded network already. We dont need double of everything.He wants to train health care providers in sexual assault and domestic violence….joe that have this already…infact I know a woman in texas who works for a health care provider and she specializes domestic violence and sexual assault that is all she does! She recieves training every 6 months!!!Wants to add people on the no fly list to a new prohibited category preventing them from owning guns. Absolutely horrible as these no fly lists are secret lists that have no ability for you to appeal them. People are on these no fly lists for the dumbest reasons like wearing a full face respirator on a 15 hour flight. (The 95 masks loose their effectiveness after 12 hours and doctors recommend people like cancer patients to avoid wearing 95 mask on long flights and should wear a full face respirator instead to prevent infections as a result of chemotherapy.if they refuse the 95 mask they can be kicked off the plane AND be added to the airlines no fly list.)Joe biden is just a fudd.Biden is a poorly informed arm chair expert who pretends to be a gun owner. His ideas are either illegal or redundant mirroring things that already exist. Other proposals like his “assault weapon ban” which are illegal are best defined as gleaned from the lowest hanging rotten fruit of the idea tree and piled onto a platter with other refuse and served up to satiate a hunger of the uninformed to feel like they are important and doing good things so they can pat themselves on the back while stroking their ego in trump like fashion in a congradulatory circle jerk while doing nothing to actually fix the real problems.Such individuals are the enemy of progress and the leading force clinging desperately to unhinged and delusional ideals so they can be pat on the head by their masters blowing their anti gun whistle. Such people have dragged this out for decades preventing knowledgable gun owners from enacting real meaningful measures to combat the underlying problems driving the deaths. The blood of countless americans have stained these lap dogs red and stained their masters hands with a red stain from the routine petting of their pets that cannot be removed from the hands of their masters no matter how much they try to wash their hands as they blame everyone but themselves for the issues we gun owners need to fix due to their failed policies.

What are the bills, laws and policies that are important to study for the Civil Services Exam?

This is a good question, let's enumerate some important laws which came in the newspapers in the past 12 months.We shall make this post crowd-sourced. And we are planning to reward our contributors by giving them credits* -Detailed Well Presented 100 word Explanation - 2000Giving Valid Links and a Small Brief - 1000Giving Names of New Laws - 500Contributors (As of now) - Jai Parimi, Divya Malika, Prasanna, Ashutosh Pandey, Arihant Pawariya (अरिहंत पावङिया), Divya Choudhary (दिव्या चौधरी), Varsha Singh, Priyanka Peeramsetty, User, Gaurav Kumar, Jagannadh, Arpit Pareek, Nikhil Deshmukh, Harshit Ladva1) The National Judicial Appointments Commission Bill, 2014 and the 99th Constitutional AmendmentA bill to provide for the composition of the Judicial Appointments Commission for the purpose of recommending persons for appointment as Chief Justice of India and other Judges of the Supreme Court, Chief Justices and other Judges of High Courts, its functions, procedure to be followed by it and for matters connected therewith or incidental thereto.Key Issues and AnalysisThe current method of appointments has been examined by various bodies including the Law Commission and the Parliamentary Standing Committee. They vary in the role of the executive and judiciary in making appointments of judges.The composition of the JAC has not been included in the Constitution, but has been left for Parliament to decide by law. This implies that modifying the composition of the JAC would not require a constitutional amendment, but may be altered by a simple majority in Parliament.The Standing Committee examining the JAC Bill has recommended that (i) the JAC be composed of three eminent persons, (ii) the broad parameters for short listing of candidates for HC appointments be laid down in the Bill, and (iii) the center also consider the setting up of state level appointments commissions comprising the Chief Minister, the Chief Justice of HC and the Leader of Opposition.2) Land Acquisition, Rehabilitation and Reservation Act, 2013Objective - The principle objective of the new bill is fair compensation, thorough resettlement and rehabilitation of those affected, adequate safeguards for their well-being and complete transparency in the process of land acquisition. The title has been amended to reflect this.Need - There is unanimity of opinion across the social and political spectrum that the Old Law (The Land Acquisition Act 1894) suffers from various shortcomings and is outdated. Some of these include Forced acquisitions, No safeguards, Silent on resettlement and rehabilitation of those displaced, Urgency clause, Low rates of compensation, Litigation. To say the least, the Old Act needs to be replaced at the earliest by fair, reasonable and rational enactment in tune with the constitutional provisions, particularly, Article 300A of the Constitution.Link - Land Acquisition, Rehabilitation and Resettlement Act, 20133) Companies Act, 2013 (CSR Pref)Objective - Effective from financial year 2014-15, every company, private limited or public limited, which either has a net worth of Rs 500 crore or a turnover of Rs 1,000 crore or net profit of Rs 5 crore, needs to spend at least 2% of its average net profit for the immediately preceding three financial years on corporate social responsibility activities.Impact - The CSR activities undertaken by the companies will benefit hunger and poverty eradication, promoting preventive healthcare, promoting education and promoting gender equality, setting up homes for women, orphans and the senior citizens, measures for reducing inequalities faced by socially and economically backward groups, ensuring environmental sustainability and ecological balance, animal welfare, protection of national heritage and art and culture and many more.Link - Companies Act, 2013, Companies - It's a good articlePRSIndia– This describes the whole of companies act – Checkpoint 135 for CSR4) Right to Information Act (RTI), 2005Objective - Landmark bill, which realized the Right to seek and access Information in line with the interpretation of Art.19(1)(a) of our constitution.Impact - Champion to ensure Transparency and accountability in the governance procedures. it enforces the right of every citizen of India to have an access to the information regarding any money given by the State to any authority, thereby causing such authority to utilize such money reasonably and judiciously and also for keeping a check over their conduct and indulgence in corrupt activities. In 2002, SC’s verdict gave the citizens have a right to know about charges against candidates for elections as well as details of their assets, since they desire to offer themselves for public service and public servants cannot claim exemption from disclosure of charges against them or details of their assets. It is a powerful tool which can be realised in changing social dynamics and needs.Criticism - Debates regarding the ambit of RTI’s scope have been articulated, to be extended, say to the political parties, temples, schools and also privatized public utility companies. Evidences of misusage have come to the limelight, say Naxalites using RTI’s to check the assets of local landlords to loot themGuide to RTI : Page on rti.gov.in5) Special Economic Zones (SEZ) Act, 2005Objective - The SEZ Act is expected to give a big thrust to exports and consequently to the foreign direct investment (“FDI”) inflows into India, and is considered to be one of the finest pieces of legislation that may well represent the future of the industrial development strategy in India. The new law is aimed at encouraging PPP to develop world-class infrastructure and attract private investment (domestic and foreign), boosting economic growth, exports and employmentImpact - The government gets the capital needed to establish the required infrastructure and also the expertise. SEZ’s with relaxed import tariffs help the Import dependent and export driven industries to flourish. SEZ’s create immense employment opportunities and improve the country’s foreign export.Criticism - Practical implementation witnesses several backlogs ranging from regional disparities, grabbing arable land, labour laws issues and supply chain management which fail to be addressed effectively through the bill6) Criminal Law (Amendment) Act, 2013Objective -The government introduced the Bill to redefine the offence of rape and amend the penal laws in line with the recommendations of the Law Commission and the National Commission for Women. The government withdrew the previous Bill and Ordinance, and introduced the Criminal Law (Amendment) Bill, 2013. The changes wrt the ordinance in the act are:Impact - Popularly known as the Anti-rape bill, this came out of the protests of 2012 Delhi Gang rape case.Criticism - For not including certain suggestions recommended by the Verma Committee Report like, marital rape, reduction of age of consent, amending Armed Forces (Special Powers) Act.Some detailed work: http://www.atimysore.gov.in/workshops/wppts/gender_issues/crim_law_amnd_2013_drjagadeesh_jsslaw_college.pdf7) Sexual Harassment of Women at Workplace Act, 2013Objective - To provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto. the protection against sexual harassment and the right to work with dignity are universally recognized human rightsImpact - On a broader line, this ensures safe work environment for women against sexual abuse at work place and is capable of garnering a greater female work force and these are the Major features the act provides for.Criticism - It does not cover women in the armed forces and excludes women agricultural workers, "a gross injustice to agricultural workers. The burden of proof is on the women who complain of harassment. If found guilty of making a false complaint or giving false evidence, she could be prosecuted, which has raised concerns about women being even more afraid of reporting offences. Furthermore, the law requires a third-party NGO to be involved, which could make employers less comfortable in reporting grievances, due to confidentiality concerns.8) DNA Profiling Bill, 2012Purpose - DNA analysis makes it possible to determine whether the source of origin of one body substance is identical to that of another, and further to establish the biological relationship, if any, between two individuals, living or dead without any doubt.Tip - Lawful purposes of establishing identity in criminal or civil proceedings.Impact - It will be essential to establish standards for laboratories, staff qualifications, training, proficiency testing, collection of body substances, custody trail from collection to reporting and a Data Bank with policies of use and access to information therein, its retention and deletion.DNA Data Bank Manager will supervise, execute and maintain this system and a DNA Profiling Board of eminent scientists, administrators and Law enforcement officers will administer and carry out other functions assigned to it under this Act.Link - DNA Profiling Bill - PDF9) Nuclear Safety Regulatory Authority Bill, 2011Purpose - So far, India has excellent record in nuclear safety and radiation safety; but the Central Government intends to promote nuclear energy to meet shortfall in total energy requirement of the country; and whereas such excellent safety record in nuclear safety and radiation safety is required to be sustained for growth in the nuclear energy sector.Impact - Now, therefore, it has been considered necessary and expedient to establish regulators to ensure continued excellence in nuclear safety and radiation safety in all applications of radiation and atomic energy on a large scale.10) Civil Liability for Nuclear Damage Bill, 2010Purpose - As the name itself indicates that it is an Act to provide for civil liability for nuclear damage and prompt compensation to the victims of a nuclear incident through a no-fault liability regime channeling liability to the operator.Impact - Appointment of Claims Commissioner, establishment of Nuclear Damage Claims Commission connected there with.11) IT Act, 2000 and IT (Amendment) Bill, 2006Purpose - It is an Act to provide legal recognition for the transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "Electronic Commerce", which involve the use of alternatives to paper based methods of communication and storage of information, to facilitate electronic filings of documents with the Government and other related agencies.Tip - It is renamed as the Information Technology Act, 2008Impact - To promote efficient delivery of Government services by means of reliable electronic records.12) National Green Tribunal Bill, 2009Purpose - For the effective disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal rights relating to environment and giving relief and compensation for damages to persons and property.Impact - National Green Tribunal law is enacted in view of the involvement of multi-disciplinary issues relating to the environment and also to implement the decisions taken at Rio de Janeiro and Stockholm Conferences.Link - NGT Bill - PDF13) Monopolies and Restrictive Trade Practices Act, 1969Objective - It is designed to ensure that the operation of the economic system does not result in concentration of the economic power to the common detriment.The act also provides for probation of monopolistic, unfair and restrictive trade practices.Impact - The MRTP Commission if on enquiry concludes that the practice under consideration is of restrictive or unfair in nature , it may:Order discontinuation of the practice and restrict its repetition (cease and desist order ), the agreement shall be void and shall stand modified as may specified in the order. It extends to the whole of India except the State of Jammu and Kashmir.Link - MRTP Act, 196914) Mines and Minerals (Development & Regulation) Amendment Bill, 2008(Coal scam and SC verdict, so important)Objective - To develop and regulate mining & mineral industries and bring it under the control of one union by setting up mineral funds on National level, granting concessions, share benefit schemes while preventing illegal mining.Impact - Safeguards on regulating and safe disposal of waste in consonance with environmental norms will be incorporated. Through implementation of proper taxing and speedy approvals on action against violations illegal mining will be preventedLink - Mines and Minerals (Development and Regulation) Amendment Bill 200815) Whistleblower Protection Bill, 2011It seeks to establish a mechanism to register complaints on any allegations of corruption or wilful misuse of power against a public servant. The Bill also provides safeguards against victimisation of the person who makes the complaint.Highlights of the BillThe Bill seeks to protect whistleblowers, i.e. persons making a public interest disclosure related to an act of corruption, misuse of power, or criminal offence by a public servant.The Vigilance Commission shall not disclose the identity of the complainant except to the head of the department if he deems it necessary. The Bill penalises any person who has disclosed the identity of the complainant.Key Issues and AnalysisThe Bill aims to balance the need to protect honest officials from undue harassment with protecting persons making a public interest disclosure. It punishes any person making false complaints. However, it does not provide any penalty for victimizing a complainant.16) Juvenile Justice(Care and Protection) Bill 2014Objectives: The Bill seeks to achieve the objectives of the United Nations Convention on the Rights of Children. It specifies procedural safeguards in cases of children in conflict with law. It seeks to address challenges in the existing Act such as delays in adoption processes, high pendency of cases, accountability of institutions, etc. The Bill further seeks to address children in the 16-18 age group, in conflict with law, as an increased incidence of crimes committed by them have been reported over the past few years.Coverage: The Bill defines a child as anyone less than 18 years of age. However, a special provision has been inserted for the possibility of trying 16-18 year old committing heinous offenses, as adults. A heinous offense is defined as one for which the minimum punishment under the Indian Penal Code is seven years.17) Citizens Charters & Grievance Redressal Bill, 2011. (CCGR)The Citizen's Charter and Grievance Redressal Bill 2011 also known as The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 or Citizens Charter Bill was a proposed in Lok Sabha in December 2011. The bill lapsed due to dissolution of the 15th Lok Sabha.The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 lays down obligations of every public authority towards citizens, specifying delivery of goods and services in a time-bound manner and providing for a grievance redressal mechanism for non-compliance of citizens charter.Highlights :The Bill makes it mandatory for every public authority to publish a Citizen’s Charter within six months of the commencement of the Act.The Citizen’s Charter shall list the details of the goods and services provided by a public authority; the name of the person or agency responsible for providing the goods or services; the time frame within which such goods or services have to be provided; the category of people entitled to the goods and services; and details of the complaint redressal mechanism.Grievance redress officer : It requires every public authority to designate grievance redress officers in all public offices to enquire into and redress any complaints from citizens in a timeframe not exceeding 30 days from the date of receipt of the complaint.Public Grievance Redressal Commissions : The Bill provides for constitution of the state public grievance redressal commission and the central public grievance redressal commission consisting of chief commissioners and other commissioners.Penalty : DA and Commission can impose fine of Max. Rs 50000 to concerned officials/GRO. The penalty shall be recovered from the salary of the official. Such penalty may be awarded as compensation to the appellant.Corruption Prevention : The Designated Authority and the Commissions may refer a matter to the appropriate authorities if there is prima facie evidence of a corrupt act under the Prevention of Corruption Act, 1988. An appeal against the decision of the Central Commission shall be filed before the Lokpal. An appeal against the decision of the State Commission shall be filed before the Lokayukta.Criticism :Against federal Spirit : Citizens’ charter bill provides for GRO and Grievances Commission at state and central level, but Parliament doesn’t not have jurisdiction to enact such law. Only State legislature has jurisdiction to make laws regarding state public services.More than ten states have already enacted a Citizen Charter Act or Public Services Guarantee Act in their respective states. Many of these state laws have provisions that are much better than the proposed Bill.Lack of Autonomy : According to the bill, the commissioners may be removed without judicial inquiry.Duplication of work : Several states have their own grievance redressal laws, The mechanism provided under these laws is different from that provided under the Bill. This will lead to duplication of work and organizations.MNREGA Act, RTE Act, National Food Security Bill, and the Public Procurement Bill also have their own grievances redressal forums. This will again lead to more duplication.Sources :Copy of Bill : Page on prsindia.orgSummery of Bill : Page on prsindia.orgWiki Page : Citizen's Charter and Grievance Redressal Bill 2011Mrual Page : Citizens Charter Bill 2011: Salient Features, Issues, CriticismRediff Page : All you need to know about the Citizen's Charter Bill18) Right to Education Act, 2009The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE), was enacted on 4 August 2009, which describes the rules and regulations for free and compulsory education of children between 6 and 14 under Article 21A of Constitution. India became one of 135 countries to make education a fundamental right of every child when the act came into force on 1 April 2010.Highlights :The Right of Children to Free and Compulsory Education (RTE) Act 2009 stipulates that private schools reserve 25 per cent of seats at the entry level for children belonging to ‘disadvantaged groups’ and ‘weaker sections’.The Act also provides that no child shall be held back, expelled, or required to pass a board examination until the completion of elementary education. There is also a provision for special training of school drop-outs to bring them up to par with students of the same age.Mentally and physically challenged children, entitled to free education in special schools, were included in the definition through an amendment in 2012.It also prohibits all unrecognised schools from practice, and makes provisions for no donation or capitation fees and no interview of the child or parent for admissions.Criticism :The act has been criticised for being hastily-drafted, not consulting many groups active in education, not considering the quality of education, infringing on the rights of private and religious minority schools to administer their system, and for excluding children under six years of age.Problems faced :Poor Response : Lack of awareness about the Act, inability to meet the distance criteria and difficulty in obtaining necessary certificates from government authorities could be some of the reasons for this.The Act provides for admission of children without any certification. However, several states have continued pre-existing procedures insisting that children produce income and caste certificates, BPL cards and birth certificates.The Act is not applicable to private minority schools and boarding schools.Report on the status of implementation of the Act released by the Ministry of Human Resource Development admits that 8.1 million children in the age group six-14 remain out of school and there’s a shortage of 508,000 teachers country-wide.Conclusion :For all its flaws, the RTE Act is a progressive piece of legislation that aims to take education to the masses and fill the gaps in the social system.Sources :Copy of Act : Page on ssa.nic.inWiki page : Right of Children to Free and Compulsory Education ActHindu Article : Advantages and disadvantages of RTE Act19) Protection of Children from Sexual Offences Act, 2013 (POSCO)Objective – The act aims at ensuring protection of children from sexual abuse.Pros –1. Gender Neutral bill. 53% victims of children are victims.2. Stringent punishment (upto life imprisonment)3. Covers broad range of sexual crimes such as non-penetrative sexual assault, sexual harassment, and the use of children for pornography4. Includes special procedures to prevent the re-victimisation of children at the hands of an insensitive justice delivery system5. Protects victims identity and provides assisting legal, medical and psychological facilitiesCons –1. Criminalises all consensual sexual contact below 18 years age.2. The age provision is not in consonance with other acts.3. Regressive and draconian considering today’s social realities. Children are increasingly aware of each others sexualities at early age.4. Child marriage is prevalent on large scale. The age provision ignores this reality. Liable to bogus and unjustified complaints.Source – The Hindu : Good Act, bad provision20) The Prevention of Corruption (Amendment) Bill, 2013Objective – The act aims to combat corruption in government agencies and public sector businesses in India.Pros -1. Covers the offence of giving a bribe to a public servant under abetment. Specific provisions related to giving a bribe to a public servant, and giving a bribe by a commercial organisation.2. Redefines criminal misconduct to only cover misappropriation of property and possession of disproportionate assets.3. Modifies the definitions and penalties for offences related totaking a bribe, being a habitual offender and abetting an offence.4. Introduces Powers and procedures for the attachment and forfeiture of property of public servants accused of corruption.5. The Act requires prior sanction to prosecute serving public officials. The Bill extends this protection to former officials.Cons -1. The Bill makes giving a bribe a specific offence. There are diverging views on whether bribe giving under all circumstances must be penalised. Some have argued that a coerced bribe giver must be distinguished from a collusive bribe giver.2. The Bill has deleted the provision that protects a bribe giver from prosecution, for any statement made by him during a corruption trial. This may deter bribe givers from appearing as witnesses in court.3. The Bill has replaced the definition of criminal misconduct. It now requires that the intention to acquire assets disproportionate to income also be proved, in addition to possession of such assets. Thus, the threshold to establish the offence of possession of disproportionate assets has been increased by the Bill.4. By redefining the offence of criminal misconduct, the Bill does not cover circumstances where the public official: (i) uses illegal means, (ii) abuses his position, or (iii) disregards public interest and obtains a valuable thing or reward for himself or another person.5. Under the Act, the guilt of the person is presumed for the offences of taking a bribe, being a habitual offender or abetting an offence. The Bill amends this provision to only cover the offence of taking a bribe.Source - The Prevention of Corruption (Amendment) Bill, 201321) Assisted Reproductive Technologies (ART) (Regulation) Bill 2010Objective – The bill aims at legalizing (commercial) surrogacy.Pros –1. Offers legal protection to child and surrogate mothers.2. Regulation of IVF/ART clinics and holding them Accountable for ensuring best medical practices.3. Curbs exploitation of mother. Limits number of child births per mother to five.4. Introduces age limit for surrogate mother – 21 to 35.5. Ensures Child’s citizenship to be same as parents.Cons –1. Legal back up will lead to widespread commercialization of surrogacy, posing serious ethical, moral and philosophical questions.2. Mandatory certificate ensuring legality of surrogacy in foreign couple’s home country needed. Impediments in smooth commercial functioning.3. No provision in the bill if parent’s change their mind or die. Child’s responsibility in this case is debatable.4. Plethora of in-genuine clinics in India. Exploitation of poor and illiterate mothers because of their incapability to understand legalities involved.Source - Issues of surrogacy, PIB English Features22) Biotechnology Regulatory Authority Bill, 2013Objective - The Bill sets up an independent authority, the Biotechnology Regulatory Authority of India (BRAI), to regulate organisms and products of modern biotechnology.Pros –1. BRAI will regulate the research, transport, import, containment, environmental release, manufacture, and use of biotechnology products.2. Regulatory approval by BRAI will be granted through a multi-level process of assessment undertaken by scientific experts.3. BRAI will certify that the product developed is safe for its intended use. All other laws governing the product will continue to apply.4. A Biotechnology Regulatory Appellate Tribunal will hear civil cases that involve a substantial question relating to modern biotechnology and hear appeals on the decisions and orders of BRAI.5. Penalties are specified for providing false information to BRAI, conducting unapproved field trials, obstructing or impersonating an officer of BRAI and for contravening any other provisions of the Bill.Cons -1. The Tribunal has jurisdiction over a ‘substantial question relating to modern biotechnology’ – An ambiguous term.2. The Tribunal will consist of one judicial member and five technical members. This is not in conformity with a SC decision that the number of technical members on a bench of a Tribunal cannot exceed the number of judicial members.3. The Tribunal’s technical members shall be eminent scientists or government officials with experience in the field. It is unclear whether the technical expertise of the latter can be equated with the former.4. The Bill does not specify any liability for damage caused by a product of biotechnology. Therefore, it will remain open to the courts to determine liability arising out of any adverse impact of modern biotechnology.5. Tribunal will not accept complaints from civil society, in spite of the fact that the Bill directly or indirectly affects every citizen. No public consultation done.6. Non clarity over Dept of GoI that will service BRAI. No mention of mandatory labelling of GM crops.7. Takes away rights of states to decide on Agriculture, which is state subject.8. The Convener of the Selection Committee for members of BRAI will be from the Department of Biotechnology (DBT), which is a vendor of genetic engineering (the technology that BRAI is supposed to regulate) in the country. Conflict of Interest will arise.Source - The Biotechnology Regulatory Authority of India Bill, 2013Unconstitutional, unethical, unscientific23) Coal Regulatory Authority Bill, 2013ObjectiveTo set up an independent regulatory body for the coal sector that shall help in the regulation and conservation of coal resources and will benefit all stakeholders i.e. - coal companies, coal consuming industries such as power, steel, cement and coal bearing States and people, directly or indirectly associated with the coal industry.A fund called ‘The Coal Regulatory Authority Fund” is created to credit all the receipts and fees received.Constituents1 chairperson + 4 members. One each from legal , technical , administrative and financial wings. All to be selected by a committee of Group of Ministers (GoM) headed by Cabinet Secretary.What will it do ?Inject transparency in allocation of coal blocks.Decide and Monitor operational norms and mining closure compliances and such.Determine pricing of the fuel and publishing surveys, information, statistics, etc related to coal sector and coal quality.Adjudicate disputes between entities and between entities and other persons.Advise government on technologies, policy, promotion, investment etc.Ref :- The Coal Regulatory Authority Bill, 2013,Coal Regulatory Authority Bill likely in Winter session24) eWaste (Management and Handling) Act, 2011What is it ?E-waste has beendefined as “waste electrical and electronic equipment, whole or in part or rejects from their manufacturing and repair process, which are intended to be discarded”.AIM :-Reduction in the use of hazardous substances in electrical and electronic equipment.Specifying threshold for use of hazardous material including lead, mercury and cadmium.Ministry of Environment & Forest (MoEF) thus introduces the concept of "Extended Producer Responsibility".How will it work ?It fixes responsibilities on every producer, seller, consumer or bulk consumer, collection centre, dismantler and recycler of e-waste involved in the manufacture, sale, purchase and processing of electrical and electronic equipment or components.E.g. :Recycling of E-Waste generated during manufacturing and "End of Life" of electronic and electrical equipments.Setting up of collection centres by companies or individuals to collect E-waste and discard them.Setting up of funds by corporate to boost scientific and eco-friendly disposal of E-waste.CritiqueNo accountability set on anyone.E-Industry remains skeptical of the efficacy of this act.No specific targets set.Ref :- @E-waste management rules kick in today@Page on moef.nic.in25) Prevention of Communal and Targeted Violence Bill, 2011What is it ?The bill is intended to prevent “any act or series of acts, whether spontaneous or planned, resulting in injury or harm to the person and or property, knowingly directed against any person by virtue of his or her membership of any group."How ?The billAddresses identity-based or targeted crimes and organised mass violence as special offences.Places accountability of public officers with varying penalties for dereliction of duty it.Provides for the creation of a National Authority and the State authorities to ensure justice and reparation.Addresses issues faced by specific communities like economic boycott, denial of public service, forced migration , hostile environment etc.Empowers state and center government to intercept any messages and communication that it feels might lead to communal violence.Sets up district level authorities to assess compensation.CritiquesCurbing freedom of expression by terming it as Hate propaganda.Presumption of guilt and burden of proof on the accused – The accused will have to prove innocence.All the persons acting under this Act will have blanket of protection of action taken in good faith.Brings civil servants in direct line of fire by vaguely defining "dereliction of duty".26) Competition Act, 2002The Competition Act was passed in 2002Competition Commission of India (CCI) was established on March 1, 2009 as an autonomous body comprising of a Chairperson and six members.CCI not only hears and investigates cases based on the information received by it, but it also takes suo moto action wherever it finds that a prima facie violationCommission had taken suo-moto cognizance of the reported manipulation of the bids by manufacturers of LPG cylinders for supplying cylinders to the Indian Oil CorporationMany more such notices have been sent by CCI in the Petroleum sector, Agricuture sector etc. taking cognisance suo-moto.Role of trade associationsCompetition law treats the activities of trade associations much like any other form of cooperation between competitors.decisions or recommendations of trade associations are treated as agreements between its members and law may be breached even when they are not binding on the members.CCI imposed a nominal penalty of Rs. 1 lakh each on 27 film producers on charges of colluding through an association to exploit multiplex owners.number of cases involving the associations in the Pharmaceutical sector/Film production etc where CCI has passed orders against the associations and asked them to “cease and desist” from activities that may be anti-competitive in nature.Public Procurement and Competition LawPublic procurement is a contentious issue vis-à-vis application of competition lawpublic enterprises, which are generally the big procurers, are subject to competition assessment.Commission has decided a number of matters, including cartelization in government contracts. Penalties have been imposed on firms to discourage the anti-competitive practices and abuse of dominanceCompetition Commission of India is set to change the rules of the game and play the role of a watchdog to check anti-competitive practices in the markethttp://echoofindia.com/reflex-action/competition-commission-india-4-years-enforcement-competition-law-3216927) Prasar Bharati (Amendment) Bill, 201028) Prevention of Money Laundering Act, 200229) Prohibition of Employment as Manual Scavengers and their Rehabilitaion Act, 2013. (Important, Swachh Bharat Abhiyan)30) Child Labour (Prohibition) Act, 198631) Scheduled Tribes and Recognition of Forest Rights Bill, 200632) Environment Protection Law, 198633) Wildlife Protection Act, 197234) The Electricity Act, 200335) Panchayat Extension to Scheduled Areas Act, 199636) Securities and Exchange Board of India Act, 199237) Factories Act 1948/Amendment Bill 201438) Apprentice Act 1961/ Amendment Bill 201439) The Pension Fund Regulatory And Development Authority Act, 201340) The Real Estate (Regulation and Development) Bill, 201341) Benami Transaction (Prohibition )Act, 198842) The National Food Security Act, 201343) Pesticides Management Bill, 2008*Maximum Credits per Person - 5000**Contributors earning more than 1000 credits <must> -a) Promote to at least 100 people.b) Share this list everywhere. :P :P LOL !Thank you all. :)Thanks for the A2A Anon. :)

When is a conservatorship necessary?

This is a very difficult topic. I resisted conservatorship for my own mom when she began to show signs of dementia. I wanted to respect her independence and agency. Unfortunately, over the course of two years, she was victimized by numerous scams that depleted all of her supplemental income, and ran up a large amount of debt. She then began to have difficulty caring for herself physically. Initially, I took the route of adding some in-home support for her (she was still living in her own house at the time) — help with errands, nurse visits to monitor her medications and blood sugar, help with bathing, and so on. But those in-home resources began to report increasing concern about my mom’s behaviors and risk (leaving the stove on, leaving the front door open in winter, hostile outbursts, eating foods that made her conditions worse, poor personal hygiene, and so on). My mom did not seem to be “losing it,” she seemed okay to me. But I was in denial.Then she had a stroke — one that was very likely caused by her poor compliance with diabetes treatment and diet.After initial hospitalization and rehab, my mom returned home. Her stroke still wasn’t enough to convince me she couldn’t be independent, and she was still very high functioning. In discussing the situation with my mom she also made it clear the she wanted to “die at home” and didn’t want to move into assisted living or have more controls put on her life. She had always lived as a free spirit, and so this all made sense to me.Then I discovered the scams, debt, and loss of resources — but only when my mom started to ask me for money. She had elaborate excuses about what had happened to her income, but eventually admitted that, in addition to clearing out all of her reverse mortgage, she was cashing her Social Security check each month and giving that to the scammers (in its entirety) as well. She didn’t see anything wrong with any of this, because….She was told she had won two million dollars and a Mercedes, and that she needed to pay taxes on the prizes in order to receive her money and new car.No matter how I tried to convince her that this was obviously a scam, she couldn’t be reasoned with. She was sure she had won a prize. She had even gone down to a local police station to show them the letter and complain about not receiving her winnings. And although the police then became aware of the fact she was being scammed, they could do nothing. When I spoke with them, they said “she is a willing party…unless she files a complaint herself, we can’t go after these scammers.” Apparently, this sort of scam on the elderly is reaching epidemic proportions in the U.S.A.So, finally, the critical mass of red flags got through my denial, as my mom was now:Not managing her chronic health conditions at all, and putting herself at risk.Not managing her money at all, and not able to pay bills or buy food.Not able to keep herself or her house clean.Giving her money away — anytime she received any income (including from selling her beloved jewelry and collected art at a pawn shop!), she would call the scammers immediately to pay them. The scammers would then send a cab to pick up the money, sometimes even driving my mom to the bank or a Walmart to cash a check. It was insidious and constant. And if my mom wasn’t delivering, the scammers would call my mom ten or fifteen times each day to bully her into giving them more money.So I called adult services (the “elder abuse” department) for the state and asked what I could do. The social worker there was amazing. She helped me jump through all of the hoops necessary to get my mom into conservatorship. Thankfully, my mom still trusted me enough that she agreed to one voluntarily. However, working with a local senior center in town, I was also able to have her assessed by a psychiatrist who confirmed the dementia diagnosis and evidence of incapacity to manage her financial affairs. This was a key step, and would have been even more necessary if my mom had not voluntarily entered conservatorship.At first, I tried a third party conservator who lived in my mom’s town — I live on the other side of the U.S. so this seemed to make good sense. Unfortunately, the conservator, a former law enforcement officer, was almost as bad as the scammers and provided no services at all in exchange for high fees. This included not paying my mother’s bills, which sent everything into a deeper downward spiral.Eventually, I had to become my mom’s conservator myself. This involved yet another trip to probate court and another authorization for me to become “conservator of person and estate” for my mom. Again, this was voluntary. It would have been much more difficult had my mom not allowed it voluntarily.I then embarked on a year of daily management of my mom’s health and finances. If I had not become her conservator, she would have ended up on the street or worse…and I likely wouldn’t have found out until it was too late to help. Now she is in a dementia care facility and doing fairly well — and that transition, too, would likely not have happened had I not been involved in her care. As her dementia progressed, my mom’s confusion and aggressive behaviors were putting her at substantial risk. She needed 24/7 care.But that didn’t mean I didn’t feel guilty about “putting her in a nursing home,” which was exactly what she said she didn’t want. I felt terrible, especially because in her first few weeks all she could do was beg to be taken home. You could say the final vindication for the decision to move her into care came when she had a serious cardiac event that required bypass surgery. Had she not been in care, she would have died two years ago. Right now, she is doing well, and I can visit her via video chat. She doesn’t know who I am anymore, but she always smiles and is delighted to see a face she at least knows is familiar and kind to her. Her old friends who all live nearby occasionally come to visit her, too, and that always brings her joy in-the-moment as well. And, a bit surprisingly, she loves the food at the facility and some of the activities there, like bowling.So, via this not-easy-and-simple answer, I hope I have conveyed how difficult the conservatorship decision — and process — can be. There have been lots of other hiccups, too, such as making sure my mom’s financial resources continue to be managed so that her care can be paid for. There have been other medical crises. There have been psychiatric crises. There have been challenges dealing with Social Security, Medicare Part B insurance, and so on. It really never ends, and it is never easy. But my mom could not have navigated any of this herself.I hope this was helpful.

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