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new-logo25Marti Oakley  ©copyright 2013 All Rights Reserved

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Why am I in probate? I’m not dead!

Across the country an American Horror Story is unfolding as  massive numbers of elderly individuals who have committed the heinous crime of [aging with assets], now find themselves in probate court and officially declared dead in the law by virtue of being declared an incompetent ward of the state.  This is human trafficking sanctioned by not only the courts, but also by congresses, both state and federal who are well aware of these organized criminal activities, but who refused to acknowledge or act to defend the elderly from these predators.

This fictional declaration of death via probate court, is a careful construct patterned after the organized crime rings operating in family courts.  In one court we abduct, sell and trade minor children, and in the other we abduct, sell and exploit the lives and finances of the elderly. Everyone involved, from the so-called

probate court oversight

probate court oversight

protection agencies, judges, commercial predatory guardians, medical providers, hospitals, nursing homes and walls of unethical and immoral attorneys, line up to take a piece of the pie.

The pie can also be comprised of the monetary value in the Medicare/Medicaid system where targeted victims can be worth a million or more in inflated medical charges, padded medical billing, padded bills for doctors, insurance payments, thefts of social security benefits, VA benefits and whatever else may be out there in the way of grants, funding and subsidy.

Many times the “pie” can be comprised of liquid assets, stocks, bonds, property, valuable art and jewelry…..all of which can disappear into the accounts and pockets of the predators just as fast as the facilitating probate judge can declare the individual not only dead in the law, but incompetent as well.

Guardian and ward: legal definition

A guardian must take inventory and collect all the assets of the ward. Where permitted by law, title is taken in the ward’s name. Otherwise, the guardian owns the property “as guardian” for the ward, which indicates that the guardian has the legal right to hold or sell the property but must not use it for his or her personal benefit. The guardian must determine the value of the property and file a list of assets and their estimated value with the court. The guardian must collect the assets promptly, and is liable to the ward’s estate for any loss incurred owing to a failure to act promptly. (emphasis added)

Unfortunately, for those guardianized, the legal right to hold or sell property now claimed by the predatory commercial guardian, is used to benefit the predator personally.  Promptness as described in the legal definitions, is taken to new heights as predatory commercial guardians move at the speed of light to begin re-titling of property, seizure of accounts, transferring of personal funds, liquidation of any remaining assets; all of it ending up in the accounts or in the name of the predator, an attorney and/or a working partner to whom the properties are sold for pennies on the dollar.

This system of legalized grand larceny conducted by state agencies, attorneys, predator guardians, corrupt probate judges and other agencies and actors,  is condoned and covered up by higher court judges and those phony judicial oversight boards that exist in every situation.

In any other situation in your life, if someone you know proceeded to steal all your life savings and property’s, transferred all of what you had accumulated into their accounts and pockets against your objections:  if they had done this by drugging you, isolating you, and misrepresenting you, these people would be charged with federal kidnap and abduction, and grand larceny.

Yet via these phony probate courts and these corrupt probate judges these systems of asset theft, kidnapping, isolation, forced medication and abuse are sanctioned every day of the week.  All to benefit the ward, of course.

Dead men can’t speak

Guardianship is in fact the declaration of death of the still living person.  To become a ward of the state is to become non-existent.  Your existence has been nullified by the label of “ward”.  You have no rights.  You have no protections.  You have no voice!  Once declared a ward of the state, you can no longer “speak” in your own voice to the court.  You cannot defend yourself, express your desires, or object to the diversion of your assets to predators whose sole interest in you is looting your estate.  After all, you are dead!  Probate only becomes active upon producing of a death certificate.  Guardianship is a de facto death certificate, even though the victim is quite alive.

To achieve the label of “incompetent after being declared legally dead”, victims are forcibly drugged with massive doses of drugs such as Zyprexa, Seroquel, Haldol and other like pharmaceuticals.  These drugs can cause the exacerbation of dementia if it is present, or, can cause the onset of dementia, sudden death, and cause the victim to appear dysfunctional, semi-conscious often rendering them unable to speak or to even hold their heads upright.  These drugs also cause episodes of aggression and violent behavior in some victims.  It is in this condition that they are brought before the probate judge who knows full well they have been forcibly drugged to appear in this state.  Even knowing this, they still declare the “dead in the law” victim to be incompetent.

Quote from: Probing Probate: What You Should Know 

By N. Brian Caverly, Esq. and Jordan S. Simon from Estate Planning For Dummies

Probate is a term that is used in several different ways. Probate can refer to the act of presenting a will to a court officer for filing — such as, to “probate” a will. But in a more general sense, probate refers to the method by which your estate is administered and processed through the legal system after you die.” (emphasis, mine)

“With a valid will: If you have a valid will, then your will determines how your estate is transferred during probate and to whom.

Without a valid will: If you don’t have a will, or if you die partially intestate, where only part of your estate is covered by a valid will, the laws where you live specify who gets what parts of your estate.”( End quotes)

Dead man statutes

In the law of evidence, a rule that prevents a person making a claim against an estate from testifying about statements, actions, or promises made by the deceased person.

It is a routine matter for corrupt probate judges to discard and declare void any pre-existing directives, wills, trusts, surrogate medical powers, durable powers of attorney, and any other document prepared well in advance of the targeting of the elder with assets.  Of course, to achieve this magical feat of judicial malfeasance, the targeted individual must first be declared a ward of the state i.e., DEAD.

There is no law we will not break

So greedy are these courts and their agents, that it is now routine and common for the business affairs to be audited three years back, just in case something of value was sold, traded or given away.  If nothing is found to have transpired that would have cheated the predator out of more of your assets, the courts will go back six years in some cases.

And just so you know, that declaration of incompetency as the result of massive doses of off-label psychotropic drugs to render you dysfunctional is now obviously retro-active.  This means the court in its efforts to help predator guardians, attorneys and others, steal as much from you as possible has now determined that they can look back three to six years and determine that you must have been incompetent then, also. Apparently, by this magical view into the past, you must also have been dead as much as six years ago.  So whatever you sold, traded and gave away, the  court will move to have returned to the estate.

This is how legalized theft, the commission of grand larceny, operates in the courts.

The only thing that can be concluded is that aging, accompanied by accumulated wealth that should be dispersed to heirs when death occurs, is now a criminal act.  There is no other way to explain the exploitation, the institutional abuse and neglect, the forced medication with off-label drugs and the theft of estates to benefit the financial enrichment of the predators.

See: National Conference of Commissioners on Uniform State Laws

An attorney is appointed for you to represent you in court.  This attorney is not likely to do anything other than find ways to file frivolous motions which result in fees assessed to the estate.  In almost every instance, these attorneys are working in tandem with the attorneys who represent the commercial predatory guardian and everyone is making money off the targeted victim. It is a lose/lose situation for the victim and the family.

It has become routine for attorneys to charge massive retainer fees, additional fees for work they supposedly did during their term as legal representative for the families of victims, to then stop at the door of the court room where the case is to be heard, turn to the families and say “I can’t represent you”……..and walk away.

No refunds of the thousands and thousands of dollars the family scrapped together, no apologies for the unethical and unprofessional conduct, and absolutely not so much as a slap on the wrist from the ubiquitous protection racket that is the Bar Association.

This is a true American Horror Story.  The dead do walk among us……we call them wards of the state.

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http://www.uniformlaws.org/

http://www.law.cornell.edu/wex/national_conference_of_commissioners_on_uniform_state_laws_nccusl

http://legal-dictionary.thefreedictionary.com/Guardian+and+Ward

http://www.law.cornell.edu/wex/dead_mans_statute

http://www.dummies.com/how-to/content/probing-probate-what-you-should-know.html

http://ppjg.me/2012/09/16/chemical-restraints-and-physical-abuse-life-at-the-hands-of-predatory-guardians/

http://ppjg.me/2011/01/24/predatory-guardians-how-courts-are-allowing-professional-guardians-to-rob-your-assets/

http://ppjg.me/2012/08/30/elderly-human-trafficking/

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