Florida’s newly announced Operation Senior Shield made big headlines this week and the Department of Elder Affairs and the latest guy running for Governor, Jay Collins, made sure seniors knew they were “on it” and protecting the largest voter base in Florida.
But here is the uncomfortable truth:
Florida’s biggest threat to seniors isn’t coming from scam artists on the phone — it’s coming from a guardianship system inside our own probate courts, operating with powers that violate the most basic constitutional protections.
And until the state confronts that reality, every “senior protection” initiative — including this one — is little more than political theater.
The One Court in Florida That Can Cancel Your Constitutional Rights
In every other courtroom, Floridians have rights.
In guardianship court, those rights can be removed — all of them — in a single hearing.
Power of attorney? Ignored.
Advance directives? Set aside.
Estate plans? Overridden.
Wills and trusts? Cast aside like they never existed.
A probate judge can declare a person incapacitated and hand their life to a professional guardian with more authority than many law enforcement agencies have over criminals.
It is the only place in Florida where a citizen can lose:
- The right to vote
- The right to spend their own money
- The right to choose where they live
- The right to make calls or even have their own cell phone
- The right to decide who they want to see
- The right to manage their property
- The right to travel, shop, go out to dinner, etc.
Not because of a crime.
Not because of evidence that meets any meaningful standard.
But often because a guardian, hospital, attorney, banker or interested party filed a petition — and a judge signed off with minimal scrutiny and without your consent.
It is a system built for abuse, and it delivers exactly that.
When Rights Vanish, Property Follows
Once a guardian is appointed, everything a person owns becomes “manageable assets.” And that term is used very loosely.
Homes are sold.
Land is given to others or sold for pennies on the dollar.
Heirlooms are discarded.
Bank accounts are liquidated.
Personal property disappears.
And let’s address the issue politicians refuse to discuss:
There are Florida cases where people connected to guardianship proceedings have ultimately ended up with the property of the very individuals placed under their control.
This is not rumor.
This is not conspiracy.
This is documented reality.
When a system allows people with court-appointed power to profit from the liquidation of someone else’s life, the door is wide open for criminal behavior — even when it wears the cloak of legality.
If this were happening in the private sector, we would call it theft.
In probate court, we call it “administration.”
A Closed System With No Accountability
Guardianship cases often operate behind sealed files, restricted records, and “judicial discretion.” Families are routinely excluded from proceedings. Evidence is one-sided. Reports are accepted without question. Judges reappoint the same guardians repeatedly, even when concerns have been raised.
And because guardianship is labeled a “civil” matter, constitutional protections that exist in criminal and even juvenile courts simply do not apply.
If any other branch of government functioned this way, there would be outrage.
In guardianship court, there is silence.
Operation Senior Shield Avoids the Real Problem
It is easy to arrest scammers in call centers.
It is much harder to challenge judges, attorneys, guardians, and state agencies that have allowed — even facilitated — years of documented abuse.
Politicians choose the low-risk option every time.
Operation Senior Shield allows officials to claim they are “protecting seniors,” while avoiding the serious work of reforming a system that:
– Overrides constitutional rights
– Disregards legal documents
– Controls millions in private assets
– Operates with limited public scrutiny
– Enriches those who participate in it
This is why so many Floridians no longer trust the Department of Elder Affairs, the probate system and most importantly – the state of Florida Governor’s office, State Attorney and the Legislature. They have seen what happens behind the scenes and chose the do nothing. Absolutely nothing!
This Is Not Elder Protection — It Is State-Sanctioned Exploitation
Florida cannot continue pretending otherwise.
A system where seniors can lose their homes and rights because a judge signs a form is not protection.
A system where attorneys and guardians profit from other people’s estates is not oversight.
A system where constitutional rights vanish behind closed doors is not justice.
It is exploitation — dressed up as due process.
Florida’s Leaders Must Decide Whose Side They Are On
If state officials truly want to protect seniors, then they must address the guardianship problem they helped create and continue to ignore.
That means:
– Independent audits of guardianship cases
– Criminal investigations where property transfers raise red flags
– Real oversight of judges and attorneys
– Transparent reporting requirements
– Strong due-process protections
– Genuine family involvement
– Mandatory respect for powers of attorney, estate plans, and advance directives
Until then, no operation — no matter how well-intended — can honestly be called “senior protection.”
Conclusion
Stopping scammers matters. But focusing on external threats while ignoring the internal system that strips Floridians of their rights and property is not leadership.
Florida’s seniors deserve protection from all forms of exploitation — including those carried out under the authority of the state.
Operation Senior Shield may make headlines.
Guardianship reform will save lives, return dignity back to the people, protect family assets and reclaim our moral compass.
And the longer Florida avoids this truth, the more damage will be done and what those in power must believe – it could happen to them one day. No one is safe from this abusive program in Florida – no one!
For more about Guardianship in Florida – use the search bar at EyeOnJacksonville.com and read the personal stories of those affected by the corrupt probate system in our beloved state.








2 responses to “Operation Senior Shield Is a Distraction: The Real Abuse of Florida Seniors Comes From the State Itself”
Hello Ms. Tucker Volpe,
My Mom has been similarly abused by Florida’s Guardianship system. She was taken by a “Professional Guardian” (Martha Smith) who drugged her and refused to allow her to testify in her own guardianship case. I was also seeking guardianship myself, and I submitted a hand-written note from my Mom where she had asked the judge – in writing – to testify for herself. But the judge ignored it. I listed my Mom on my witness list, and had served her court-appointed lawyer with a legitimate subpoena for her testimony. But the judge would not enforce the subpoena or require her appearance. My Mom was prohibited by her “temporary” guardian from testifying in her own permanent guardianship case. The law actually anticipated this kind of abuse by a temporary guardian using her control over a ward to gain permanent (“plenary”) guardianship, and the law explicitly forbids temporary guardians from seeking permanent status unless there is a special need. But the professional guardians (like Martha Smith) make up flimsy excuses (like “we were both real estate agents”) to give the judge an excuse to appoint them to fill that “special need” and over-ride that protection.
In summary, the abuse that you’ve described is exactly what we’ve experienced. It’s also exactly as portrayed in the guardianship abuse movie “I Care Too Much”. In both cases, the abuse hinges on keeping the “ward” from being able to testify in their own guardianship hearings. Judges should be required to make every effort to hear from any “ward” especially if the guardianship is contested.
Thank you for your excellent article, and I hope that it sparks the needed change to correct this abuse. Please contact me if you would like more information about my Mom’s case.
Hello Bob: I am so sorry to hear that this happened to your Mom. It sends me into a tailspin every time I hear these stories. Something has to be done and yet no one who can do anything wants to touch it. It is corruption at its core and criminal. We will continue to post stories and keep pushing the truth out there. Please contact me at (904) 910-5024 when you have a few minutes to discuss maybe doing another article about your case. God bless you and keep you safe — Billie