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AHRC

Question & Answer      
ELDER ABUSE IN HOMEOWNER ASSOCIATIONS

How You Can Help to Remedy This

July 28, 2006

By AHRC News Services



8. I have been a first hand witness to the financial abuse at the hands of public guardians, and private conservators.  
  Elder abuse by the probate court is unbelievable. Elderly persons diagnosed with NO MENTAL IMPAREMENT have lost thier life savings, and thier homes.

Any home that is sold in a conservatorship sale is sold through a closed bid aution. A closed bid aution consists of the bidder placing %10 of actual bid into an envelope and all the bids are opened and reviewed in a closed session.

The actual winning bid is never disclosed to anyone other then the winner of the bid. This practice makes it easy for elderly persons to be robbed by the conservator. The accounting practices of public guardians involved in the sale of a conservatee's property are not held to general accounting standards.

We need to stop this kind of abuse. I have been a first hand witness to the financial abuse at the hands of public guardians, and private conservators.
Posted Sep 2 2006 6:29AM CEST
 
  Username withheld
burlingame, California
 
7. Report Elder Abuse in San Diego Homeowner Associations to the District Attorney  
  To protect elders, District Attorney Bonnie Dumanis has dedicated a special team of prosecutors, investigators and support staff to aggressively pursue criminals who prey upon the elderly

San Diego District Attorney
Posted Aug 13 2006 5:44AM CEST
 
  Username withheld
, California
 
6. Aug 17 is deadline for article.  
  Aug 17 is deadline for article.

Brenda Rogers

Posted Aug 11 2006 5:51PM CEST
 
  Username withheld
, California
 
5. Can you let us know when you anticipate publishing this article?  
  Can you let us know when you anticipate publishing this article?

Thanks
Posted Aug 7 2006 10:28PM CEST
 
  Username withheld
, California
 
4. People who take advantage of the elderly are of the absolute lowest character!!  
  Sad isn't it.........elder abuse in nursing homes, hospitals (theangrypatient.com) and now even in their own homes?????............people who take advantage of the elderly are of the absolute lowest character!!
Posted Aug 1 2006 3:13AM CEST
 
  Username withheld
, ot
 
3. The American Dream has become a Nightmare!  
  • THE GOLDEN FEARS OF HOA YEARS

The American Dream has become a Nightmare!
Posted Jul 30 2006 12:06AM CEST
 
  Username withheld
, ot
 
2. Go to a federal attorney since it is your Social Security that has been garnished.  
  Re: Comment 1.In my case, it is worse since I am disabled due to chronic illness.


Shouldn't your bank immediately replace your illegally garnished funds since they were a party to this illegal garnishment?

Forget the ineffective Arizona Attorney General's office. Go straight to a federal attorney since it is your Social Security that has been garnished.
Posted Jul 29 2006 6:55PM CEST
 
  Username withheld
, Arizona
 
1. In my case, it is worse since I am disabled due to chronic illness.  
  In my case, it is worse since I am disabled due to chronic illness.

I have requested the reasonable accommodation required under Federal and Arizona fair housing laws. My HOA (The Villages of Green Valley) as flatly refused to even discuss the matter.

I am trying to file a complaint with the Arizona Attorney General's Civil Rights Office, but they seem reluctant.

An interesting diversion this month was that my request to have a small judgment ($892.00) that they managed to get against me reduced was denied. So, without sending me a letter demanding payment as the Arizona Statute requires, they garnished my checking account. All of the monies they garnished ($399.77) was Social Security benefits. Garnishing Social Security benefits is a violation of Federal Law, but their attorney is unrepentant.

He ignored Court papers where I clearly stated the the money was Social Security. So, I sent him a letter demanding that the monies be released. Then he claimed it was the Bank's fault. So, I had a Bank officer call him and he refused to release the garnishment until I paid the judgment. Then he claimed that he only garnished a bank account. It doesn't matter:

Section 207 of the Social Security Act provides:
"The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law."

To be clear:

[N]one of the moneys paid ... under this title shall be subject to ... garnishment.

One wonders what part of 'violation of Federal Law' he didn't understand.

I am going to call Adult Protective Services Monday, but doubt that they will do anything.
Posted Jul 29 2006 4:55AM CEST
 
  James Tyrer
Green Valley, Arizona
 
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