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With an estimated 50 percent of Americans 85 and older experiencing cognitive impairment, the longevity boom has generated an increase in the number of elders who are deemed too frail or mentally compromised to handle their affairs. Most states, including Florida, have cobbled together an efficient way to identify and care for helpless elders, using the probate court system to place them under guardianship. But critics say this system - easily set in motion, notoriously difficult to stop - often ignores basic civil rights. They describe a ruthless determination to take elders from their homes and make them conform to a process by which their belongings can be sold, and their family and friends shut out—until eventually they are locked away in institutions to decline and die. The critics call this process “liquidate, isolate, medicate.” Through case studies, examining court documents and talking to those working for elder justice reform, the Sarasota Herald-Tribune found consistent patterns of a lack of due process, an unwillingness to inform and involve family members, a one-size-fits-all approach to elders with diverse levels of capacity, substandard care for wards who lack assets, and high legal and professional fees for wards who have considerable assets. Fundamentally, the system treats elders as second-class citizens, before stripping them of citizenship altogether and rendering them as non-persons.
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