Secrecy means no checks
THANK YOU for your coverage of the exploitation of “protected persons” — i.e. those whom the court has deemed incompetent to manage their own affairs — in New Mexico. The weapon which predatory guardians/executors have used to best effect is the statute requiring all records regarding protected person be “sealed.” When all records are sealed, there is no accountability. An exploitative agent is free to abuse, neglect and exploit the protected person from within a vault of secrecy.
I know. My family was victimized in a manner similar (as that alleged on behalf of) Ayudando’s clients. Our victimizer was forprofit rather than not -for-profit, like Ayudando. But the misappropriation happened the same way — i.e. under cover of the vaulting seal of secrecy. The guardian/executor in our case was only required to submit a once yearly two-page summary of its expenses to the judge. It was not in the least detailed.
All boomers should be especially concerned about this statutory trap. Assuming we are aging, and trying to save for a nest egg, we are targets.
I attended the Albuquerque Journal panel discussion regarding guardianship reform on March 22. At that time someone asked the panel member representing the guardianship industry why the absolute secrecy was necessary. She retorted, “We are bound by ethics, and we took an oath!” I remember thinking to myself it was like a fox guarding a henhouse taking an oath “to only kill chickens at night when the farmer is asleep!” PATRICIA SMITH Albuquerque