Blog

Protection or Exploitation? ‘I Care A Lot’ on Netflix doesn’t stray far from real life Elder Fraud and Guardianship scams

By Rachel Sommer ^. March 8, 2021

Protect those you love by learning the signs of elder fraud and guardian abuse and the steps to prevention.

Becoming a court-appointed guardian only to steal from elderly wards is not just the plot of the latest Netflix thriller, I Care A Lot. This grift has been around for a while but the number of these cases has significantly increased in recent years.

Spoilers ahead!

I Care A Lot, follows a clever, well dressed con woman named Marla Grayson (Rosamund Pike), who makes her living by persuading a judge to appoint her as a legal guardian to seniors; under the guise they cannot take care of themselves. With the help of a doctor, in on the con, who informs her about the wealthy elder patients she can exploit. The doctor then testifies in court with false claims that these healthy elders cannot take care of themselves, convincing the judge to appoint Marla as their guardian. Forcing seniors out of their homes, auctioning off their belongings, and using the proceeds to fund her extravagant lifestyle while these elders suffer in isolation and confinement.

So just how true to life is this plot?

Professional guardians do exist and can be appointed by the court to care for and make personal decisions for an elderly person who a judge has determined is unable to care for themselves. With as little as a single document — and in some cases, not even a court hearing — elders can see even their most basic rights stripped away. These wards were deemed incompetent, a legal term that describes those who are unable to make reasoned choices about their lives and assets. Their legal guardian is then granted the authority to manage their assets and property, decide where they live, their visitation rights to their next of kin and friends, and what medical treatment they receive. They lose nearly all their civil rights.

For decades there have been numerous cases of abusive guardianships making headlines. There are countless horrific tales — of relatives fighting over poor Mom to access her savings, professional guardians, like Marla, draining an estate through exorbitant fees or even nursing homes filing for guardianship to keep their beds (and pockets) filled. If a legal guardian is appointed for you, they will decide whether you get any spending money. You won’t be able to enter into contracts, including marriage, vote, travel, or request a different guardian–even if your guardian is abusing you or stealing your money.

In her 2014 book, The Con Game: A Failure of Trust, business professor T.S. Laham of Diablo Valley College, explains that America’s guardianship system is “an open invitation to potential abuse.” These grifters see elders as an easy target and remove them from their homes, strip them of their worldly goods, and even isolate them from their friends and family all for their superficial avarice.

MyElder, an independent advocacy group for seniors and their families state that elder abuse can come in many forms, even some nursing homes in New York State have been accused of using ‘guardianship petitions’ as a means to coerce elderly residents into paying outstanding fees. In a 2017 New Yorker article, “How the Elderly Lose Their Rights,” Rachel Aviv states, “Under the guise of benevolent paternalism, guardians seemed to be creating a kind of capitalist dystopia: people’s quality of life was being destroyed in order to maximize their capital.”

The films director, J Blakeson, did not confirm if Marla’s character was based on a true story. Although, the story bares a striking resemblance to the life of April Parks; A guardian in Nevada who received a great deal of publicity over the last several years. The court found that Parks was the guardian of 50 to 100 elders or mentally incapacitated people before she was arrested and faced more than 200 felony counts. She was sentenced to serve 16 to 40 years in prison and pay more than $500,000 in restitution in 2019.

How do you stop a thief who steals legally?

These people spent their lives accumulating wealth and personal mementos and in the blink of an eye it was stolen from them-legally. So how can you protect yourself and loved ones from unscrupulous con men? You may think this type of thing couldn’t happen to you or your family but in fact, the problem is so prevalent that there are entire organizations dedicated to stopping it. The National Association to Stop Guardian Abuse, or NASGA, for example, is an organization whose mission is to “protect the civil and human rights of elderly adults described as ‘incompetent’ and made wards of the state in unlawful and abusive guardianships and conservatorships.”

The best way to avoid this kind of elder fraud is to plan ahead, it’s much harder to take advantage of someone who has a plan in place. It may be a difficult conversation but it is vital to sit down with your parents, grandparents, or other aging adult in your life and discuss options for their retirement and end of life planning.

First, have a Durable Power of Attorney established. Name someone you trust, but it is recommended it be someone much younger than yourself, not your spouse. It is good practice to have one POA for Financial and a separate one for Medical. Like any power of attorney, it terminates upon your death. You will also need to establish a will, living will, revocable living trust,and it is also a great idea to set up a digital estate planning tool, like Easeenet, for your next of kin.

If you are already in or about to enter into a litigation, it is imperative to study the guardianship and conservatorship laws of your state. Protect yourself and your loved ones by knowing your rights ahead of time.

The laws surrounding guardianship and conservatorship change according to state, to find out laws surrounding elder abuse in your state click this link to the Centers for Elders and Courts website. To help you find the specific code in your state which applies to guardianship or conservatorship, visit The National Resource Center for Supported Decision-Making.

I Care A Lot is available to stream now on Netflix.

Want more security tips sent straight to your inbox? Sign up for our newsletter!