Marti Oakley

 

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There is no Constitutional provision for negating of law into unlawful or illegal statutes.

The only possible way to rectify this assault on the elderly and other vulnerable men and women who have been declared to have suffered a civil death at the hands of these civil tribunals, is to abolish them altogether.

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The elderly in Minnesota, as they are across the country, have been, and are, being targeted for exploitation by professional, for-profit guardians. Guardianship has been described as the fastest growing cottage industry in the country. The trafficking of the elderly through the probate system has allowed the theft of estates and the accompanying isolation and abuse of the targeted individual. As a result, the greatest transfer of wealth in this country, is not from the rich to the poor, but rather, from the elderly to professional predators who game this system for profit. It is aledged that 5-10 billion is stolen annually from the elderly by these predators. Generational wealth in the form of inheritance is being stolen from intended heirs.

Its no Different in Minnesota

Minnesota government at all levels has allowed a predatory, for profit system to flourish and, has even colluded with those who profit from the trafficking through a civil tribunal system in order to facilitate the kidnapping, isolation and financial exploitation of the elderly, the disabled and other vulnerable men and women. Allegedly, many of our legislators are connected through business associations to the most virulent of these predators. The business of trafficking the elderly for profit has become so lucrative that large fiduciary corporations who profit from this activity have sprung up across the state.

Probate “courts” are civil tribunals; they are not courts of law, nor are they courts of record. Probate was to become active only upon presentation of the death certificate, and then only to determine if the estate was testate or intestate. (With a will, or without one) The only duty of probate was to determine the distribution of assets to the appropriate heirs. The probate examiner was to have only one clear purpose; fact finding. This was extended to include guardianship and conservator ship of the living man or woman. As it is used today, either of these acts against the living man or woman, causes the civil death of that man or woman. The granting of guardianship petitions is the de facto death certificate.

Sec. 11. Probate jurisdiction.

Original jurisdiction in law and equity for the administration of the estates of deceased persons and all guardianship and incompetency proceedings, including jurisdiction over the administration of trust estates and for the determination of taxes contingent upon death, shall be provided by law.

Probate jurisdiction has coupled the common law courts, with the equity tribunals. We question how these pseudo “courts” which operate under statute, became combined with the judicial branch which deals only with law.

The so-called probate “judges” are in fact, only ministerial clerks or, hearing examiners. These individuals are not judges of the law, but merely those who operate under statute, code and regulations. Statute, codes, and regulations are always erected to bypass the common law and state and federal constitutions that would otherwise protect the targeted individual from the predators operating in and with the tribunal.

These tribunals do not follow the rules of evidence nor the code of civil procedure required in an actual court of law. While due process is said to be followed, it seldom is. Hearings are held without notice to the victim or by extension, family. Ex parte communications between the attorney’s, guardians and the hearing examiner are common-place.

With these things in mind, we ask that the State Constitution Article IV Section 11 Probate Jurisdiction, be returned to the courts of common law.

What must change immediately are these things:

Under whatever title the probate examiner is presenting him/her self, they MUST not:

  • Strip the man or woman of their identity or,
  • Force the estate to pay the expenses, fees or other charges as a result of being targeted for exploitation by the very individuals or business entities initiating the petitions for guardianship who also intend to profit personally and directly from that guardianship.
  • MUST not discard pre-standing legal instruments, including but not limited to,
  • Durable Powers of Attorney (DPA)
  • Medical powers of attorney (MPA),
  • The provisions in estate plans MUST be honored and MUST not be discarded or interfered with by the tribunal, the anticipated guardian or their attorney’s.
  • MUST not isolate the targeted man or woman under any circumstances
  • MUST not use armed guards, facility staff or other means of intimidating and threatening family and friends who attempt to visit.
  • MUST not minimize visitation in order to harass or intimidate family and friends.

Today, probate has become the vehicle for legalized theft of assets and the civil deaths of those targeted. Operating under statutes which can be easily manipulated, the hearing examiner facilitates the identity theft, the theft of assets and the assaults on families and friends of the victim.

Probate tribunals are described as “courts of equity”. Equity “courts” are the old English Chancery courts run by the church and operated solely for profit.

A second option as a separate bill

One option would be to abolish these probate “courts” and return the cases of living men and women who are alleged to need a guardian or conservator, to actual courts of law. Under the Minnesota Constitution

ARTICLE IV

LEGISLATIVE DEPARTMENT

https://www.revisor.mn.gov/constitution/

Sec. 11. Probate jurisdiction.

Original jurisdiction in law and equity for the administration of the estates of deceased persons and all guardianship and incompetency proceedings, including jurisdiction over the administration of trust estates and for the determination of taxes contingent upon death, shall be provided by law.

There is no Constitutional provision for negating of law into unlawful or illegal statutes.

The only possible way to rectify this assault on the elderly and other vulnerable men and women who have been declared to have suffered a civil death at the hands of these civil tribunals, is to abolish them altogether.

Sec. 12. Abolition of probate court; status of judges.

If the probate court is abolished by law, judges of that court who are learned in the law shall become judges of the court that assumes jurisdiction of matters described in section 11.

As it is, hearing examiners in these civil tribunals are not required to have any training in the law.

Summary:

Probate tribunals were were created to avoid courts of law for specific reasons. It allows the stripping of identity, theft of assets, and the human rights violations that are well known and documented. That any judicial system would create, allow or condone forcing the intended victim to finance the actions brought against them is most likely one of the most insidious portions of this predatory system.

The targeted individual has committed no crime; there are no injuries to others or to property. In most cases, the predator guardian cannot identify the targeted victim, as they have never actually seen them. What they have seen is a list of assets they intend to seize to profit themselves.

In the tribunal, the predator and their accompanying attorney(s) recite a laundry list of supposed dangers to the victim. They are never asked for, nor do they produce any evidence to substantiate their claims.

As these are not courts of record, the family and/or friends are not allowed to counter these claims. They are not allowed to speak or to present evidence to the hearing examiner which would refute the claims of the predators. If any record of the proceedings is ever produced it reads as if no one objected.

The victim is seldom allowed to attend the petitioning hearing, but when those rare occasions do occur, most are intentionally drugged beforehand to make them appear to be totally demented. The examiner is fully aware that this is what has happened.

To make matters worse, the taxable profits gained by the guardian from the stolen estate are also paid by the estate.

Our first goal is to abolish the probate tribunals control over the living man or woman. If you are intent on gifting yourself with the results of someone elses lifes work and assets, do it in a court of law. Prove your case. Reveal why you have targeted this individual and show your verifiable, documented evidence in front of a jury. A trial by an impaneled jury would end many of these cases before they ever got started.