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 r. Diane G. Armstrong
is a clinical psychologist who lives in Santa Barbara with her husband Bruce. They have been married since 1966. Mother of two adult daughters, she works as a writer and
consultant specializing in the abuse of involuntary conservatorship/guardianship
proceedings in today's courts. Her breakthrough book was inspired by
the million-dollar court battle that ensued when four of her six siblings
attempted to establish an involuntary conservatorship over their competent
72-year-old mother. It is the first book in America to focus on the
abuse rather than the use of today's conservatorship and guardianship
codes, exposing a web of state laws that were originally created to
protect "infants and lunatics" and are now being used to strip
elderly men and women of financial and personal independence during their
golden years of retirement.
Dr. Armstrong's mother was able to end her personal legal nightmare only
by settling out of court and agreeing to pay $100,000 of the petitioning
children's legal bills. The Probate Judge had placed a
conservatorship over her father at the beginning of the proceeding,
accepting the petitioners' allegations (no proof or documentation required
or offered)
that his financial affairs might be compromised as his final illness
robbed him of mental and physical competence. It is interesting to
note that these financial affairs had already been placed in the hands of
excellent private professionals who managed all family revocable trust
investments both before, during and after the infliction of the
conservatorship. Ironically, the Judge appointed Dr. Armstrong's mother as
his "conservator
of the person"--and then continued the bizarre trial over issues of
HER competence for 16 long months.
On May 31, 2000, the involuntary conservatorship proceeding that had begun
seven years and eight months earlier finally came to an end following the
death of "the conservatee." Once more, this remarkably
capable woman had to sit outside a courtroom in downtown Los Angeles,
hoping that one judge
in one court on one given day would agree to her pleadings. Her
photograph, taken on that day in May when her nightmare came to its formal
conclusion, touches the hearts of those who know her best. It almost
seems to echo with the words she used to survive the hardest times:
"Don't worry, we'll get there yet."
When asked to express why this book is of such importance to her, Dr.
Armstrong's now-81-year-old mother replied:
"When Diane told me that she was going to write a book
based on what has happened to
me, I thought it was very important and I encouraged her. I feel that
people should know how to protect themselves from unwanted intrusions on
their lives. Shouldn't we all be able to look forward to a future
free from such unexpected obstacles to our happiness?"
Sadly, families across America are being torn apart by unwanted and
unnecessary conservatorship or guardianship litigation. Until now,
they have not had a voice to express their outrage. It is Dr.
Armstrong's fondest hope that THE RETIREMENT NIGHTMARE will speak for them
and, in so doing, provide the tools all successfully aging men and women
will need to protect themselves from these ruinously expensive proceedings
during their retirement years.
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