By Marti Oakley

Let me ask you: Have you heard even one attorney or probate hearing examiner ever refer to the right and preservation of legal capacity for any of the elderly men or women who are targeted, kidnapped and imprisoned in the guardianship racket? Have you heard any probate examiner say they will consider the least restrictive alternative structure for protecting the lives of those targeted for estate theft and exploitation, and then actually follow through with that? No? There is a reason for that. The probate examiner, ministerial clerk, or magistrate is involved heavily in the guardianship racket.

All the while, our elected officials feign disbelief, claim they had no idea what was happening, insist it must be an isolated situation, that no one told them this was happening, and then claim they will look into it and get back to you. They won’t and they don’t. They all know to a greater degree than you or I do exactly what is happening and yet sit silently doing nothing to prevent and stop this system of human trafficking altogether.

“Legal capacity is a human right, “a social and legal status accorded independent of a person’s particular capabilities. Whether an individual has the cognitive ability to understand and appreciate consequences of her decisions—the traditional threshold of the common law—is simply not determinative of whether she has legal capacity. Even if she does not possess those decision-making abilities, she cannot be stripped of her legal capacity.” [1]

In probate tribunals, the living, breathing, man or woman suffers a civil death. These victims are summarily stripped of their identity. Effectively commodified, they lose all rights including, where they choose to live, what medical treatments they do or do not, want. They lose the right to freely associate with family and friends and are stored in a warehouse called a “nursing” home. Most are not allowed phones or any other means of outside contact. Although statutes in every state claim that isolation should be a last resort, in virtually every case it is the first action taken by the predator guardian. And no one says a word about this!

In addition to the loss of legal capacity the victim has also lost the right to and recognition of, “legal agency”. Once in grip of the probate tribunal and their associated lawyers and professional predatory guardians, the loss of legal capacity is complete. They lose all rights to access and control their own assets and may not enter into contracts of any kind or make any decisions regarding their own assets and property.

A number of human rights theorists further break down legal capacity into two parts: “legal status,” which is the ability to hold rights that the state must recognize, and “legal agency,” which is the ability to have one’s decisions recognized by the law. Both of these rights are summarily dismissed and rendered moot in the human trafficking system of guardianship

It just gets worse

So why are they using the term “best interests” and using that as a means and a reason to discard pre-standing legal instruments to determine what the victim intended or wanted? And why are probate examiners allowed to discard these legal instruments that state specifically what the victim would want if these situations occurred? Why aren’t they using a best interpretation of the will and preferences? Why? Because its difficult to steal an estate if you are forced to consider what the victim wanted as opposed to what the guardians want.

Yet everyday across the country, individuals are never informed that they have a right to their legal capacity. Using contrived incapacitation or mental competency as a metric to deprive individuals of their rights to make their own decisions and to be recognized as a living, breathing man or woman, the right to legal capacity is summarily disregarded. This is a major deprivation of rights under US Code 242. [2] It is also a declaration of civil death. You don’t exist. You died, but just haven’t stopped breathing yet.

Here in the US, probate tribunals were established specifically to avoid the constitution and any rights associated with that document. These are not courts of law. These are specially designed tribunals created to allow the unfettered theft of estates and ordinary assets by operating outside of the common law and any rights you thought you had. You have no rights, no protection from these predators and can be subject to probate facilitated kidnapping and imprisonment whenever one of these predators decides you have something they want. Its a system set up for easy pickings for the professional predators, and few, if any, penalties for them.

The activity of professional predatory guardians goes unchecked by the tribunal.

These tribunals were created supposedly because common law, civil and criminal courts, were overloaded with cases so a tertiary system (the tribunal system) had to be created to relieve the stress on actual courts of law. But who in their right mind sets up an alternative tribunal system and then fails to adequately fund it to allow for oversight?

Hearings are held many times without notice to the victim. Many elderly, if they are even allowed to attend hearings, do so without an attorney. There is no due process afforded in these tribunals, no right to defend yourself, no right to present evidence contradicting the charges against you by immoral attorneys and their predator friends, the guardians.

If they are allowed to attend, and, if they have their own attorney familiar to them, that person will be dismissed by the examiner. Then an attorney will be appointed for them that can be depended upon not to interfer with what has been agreed to before your appearance in the tribunal so that the theft of the estate can begin, unimpeded. The tribunal will many times fire a family attorney and appoint one who can be depended upon not to interfer with the plans already agreed to by the tribunal and the predatory guardians and their attorneys. The fix is in. No one is allowed to intervene who is not part of the criminal racket that is now fully operational.

If all else fails, the victim will be subjected to massive doses of pyschotropic drugs rendering them not only dysfunctional, but appearing to be delirious. Nothing is off limits when these predators decide that the victims’ assets should belong to them. In this condition they are summarily judged to be “incapacitated” or “incompetent”. Everyone in that tribunal knows exactly what is going on, including the victim.

It is seldom, if ever, that a victim of this predatory system is able to challenge the predator in the legal system. Isolated, traumatized, and many times chemically restrained to keep them subdued, victims are unable to assert their legal capacity and demand to be set free. This is no accident.

The elderly are being hunted by predators who do not care what happens to them. Isolated from family, friends and even religious connections, they are sequestered away from everyone. Isolated, traumatized and reduced to a commodity to be exploited and abused, they begin to wither, eventually succumbing to a miserable death at the hands of unspeakable monsters.

Guardians, attorneys and probate examiners: These are the predators among us who prey on other human beings.

Sources:

Eilionóir Flynn & Anna Arstein-Kerslake,

[1].Legislating Personhood: Realising the Right to Support in Exercising Legal Capacity, 10 INT’L J.L. IN CONTEXT 81, 83 (2014).

Definition of legal capacity

: the capability and power under law of a person to occupy a particular status or relationship with another or to engage in a particular undertaking or transaction by giving the organization legal capacity — International Court of Justice/Advisory Opinion

[2] 18 U.S. Code § 242 – Deprivation of rights under color of law

https://www.law.cornell.edu/uscode/text/18/242

[3]https://legal-dictionary.thefreedictionary.com/person

The phrase interested person refers to heirs, devisees, children, spouses, creditors, beneficiaries, and any others having a property right in, or a claim against, a trust estate or the estate of a decedent, ward, or protected person. It also refers to personal representatives and to fiduciaries.

In general usage, a human being; by statute, however, the term can include firms, labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in Bankruptcy, or receivers.

Definition of legal capacity

: the capability and power under law of a person to occupy a particular status or relationship with another or to engage in a particular undertaking or transaction by giving the organization legal capacity — International Court of Justice/Advisory Opinion