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TS Radio Network: New Mexico Supreme Court Commission studying Guardianship Reform

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Friday August 9th, 2022 at 7:00pmCST

Callin number is 917-388-4520  Hit #1 to speak to the host

Listen Live →HERE!←

Hosted by Marti Oakley & Coz Skaife

In May of 2017, the New Mexico Supreme Court Commission studying Guardianship Reform heard testimony from an expert who spoke on behalf of professional guardians throughout the state.
Sharon Moore explained that her company, Ayudando Guardians  (the word means “helping” in Spanish)  adhered to “a model code of ethics” and had the trust of district judges. She said that the company accounts were audited once a year.   Both Sharon and her partner Susan Harris were also certified by the National Center for Certification of Guardians
Approximately 2 months later,  Sharon  and her partner, Susan Harris, were charged with a decade-long sophisticated scheme to embezzle funds from client trust accounts.  It was eventually discovered that 11 million in clients funds had been stolen.
How can such a thief be brazen enough to testify before the Supreme Court on behalf of the industry? And what does this say about the profession?    Tonight we’ll discuss this case, its outcome, and efforts in New Mexico to reform the Guardianship system.

TS Radio Network: Pennsylvania & The failure to protect the elderly

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Tonight August 5, 2022 at 7:00 pm CST

CAll in number is 917-399-4520 Hit #1 to speak to the hosts

Listen live HERE!

TS Radio Network is sponsored by Shenanigans in Montgomery Cty. Pennsylvania Courthouse on facebook

Our guest tonight is Arlene Sandra. She and Reverend Ralph will be talking about the numerous BS  bills in Pennsylvania each of them an underhanded protection of the predators.. Two are listed below…there’s MORE!

HB 422 (Hickernell) Creates a database for tracking and criminal or civil  convictions for abuse, neglect and exploitation in care facilities..  (but does not mention professional predators or attorneys)

HB 1430 (Day) specifically expands the ability for dept. of aging, an adult protective services to civilly prosecute family members for accused criminal activity and allows the state to assume the estate and the ward in adult guardianships. Specifically to increase Medicaid pay for “professional” guardians to $300 a month per ward.

These are just two of the upcoming bills that target family members and conveniently overlooks the predators.  the 2nd bill is an obvious money maker that will be paid through taxes to the predators.  I suppose stealing an estate, selling other peoples homes, collecting the social security and/or military retirement, and/or railroad retirement wasn’t enough.

Welcome to Pennsylvania!  We take human trafficking for profit very seriously!

Biderman’s Chart of Coercion: The template for guardian abuse

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new-logo251_002Marti Oakley

1497521_599650293422639_929738102_nAs often happens when I am researching one thing, I stumble across something totally unrelated, but valuable. This happened recently when I stumbled across Biderman’s Chart of Coercion. The chart lists eight progressive steps of torture to break an individual down. What caught my attention was that I was reading the exact method of operation used by professional predatory guardians once they target a victim and take them prisoner. And this is a hostage situation.

Because this is a tribunal setting, set up specifically to avoid the law and any Constitutional protections, the rules of evidence and the code of civil procedure are not required. Basically a probate predators ball!

Vulnerable adults along with those with handicaps and children are seized by the state and declared a “ward” of the state. Essentially this designation redefines the individual as property of the state, no longer recognizable as a living, breathing human being, as legal capacity and legal agency are immediately removed along with the right to use their own name.

As probate is only suppose to come into play upon presentation of the death certificate, the “ward of the state” designation signifies a civil death that the tribunal relies on to proceed, even though it is this same tribunal who declared the living individual a ward.

As a ward, these civil deaths prevent them from accessing state courts which are based in the law, as they no longer are recognized as having any rights whatsoever. After all a probate examiner essentially declared them dead in the law. This designation (ward of the state) is used by the Supreme Court in its refusal to hear any of these cases. Their refusal is based upon the idea that these cases are the property and control of the state.

How to destroy a “ward of the state” with judicial approval

I had noted a long time back that the actions of the predators seemed to follow a distinct pattern in their application. After reviewing the chart below, I now realize that they are using a tried and true method of psychological torture, brainwashing and terror to overtake the victim. The chart lists eight chronological general methods of torture that will psychologically break an individual. It has also been applied to the psychological abuse used by perpetrators of domestic violence. The psychological and physical methods used by abusive guardians are virtually identical to those of the chart. These methods are actually used by our government and military on prisoners of war.  This system deprives the victim of all social support and makes the victim dependent upon the abuser.

The chart includes the following coercion methods:

  1. Isolation
  2. Monopolization of perception
  3. Induced debilitation and exhaustion
  4. Threats
  5. Occasional indulgences
  6. Demonstrating “omnipotence” and “omniscience”
  7. Degradation
  8. Enforcing trivial demands

Even armed with this little bit of information, do not expect any politician to intervene and actually try to end this. Too much money gets dumped into their campaign funds from BAR Associations, guardianship associations and others who have a vested interest in allowing the system to run unimpeded. Money talks even if it’s money stolen stolen from an estate at the expense of a captive elderly individual.

Human bondage

A so called “guardian” is given title to the person as if they were an object or thing, and to the estate of the individual with little to no oversight. The abuse, neglect and trauma are standard procedure in these cases. And the very first thing the predator does, is to isolate the individual. Virtually every state has statutes prohibiting isolation yet it is the first action taken. The predators make spurious claims as to why isolation should happen, but provide little to no evidence to support their claims.

The effect, especially on the elderly is terror that results from the sudden and terrifying separation from everyone and everything known to them. And politicians and so-called “judges” turn a blind eye and yawn. They pen fluff and buff bills that have no teeth in them and do not address any of the serious human rights violations, violations of due process, or the obvious intent to access assets for personal gain.

While our elected officials concoct one useless bill after another supposedly to address the abuses in the probate system, not one will even say the word isolation much less address it head on. Not one of them will sight as criminal the abuses of probate tribunals and their guardians whose lives are predicated upon a parasitic existence at the expense of the vulnerable. Instead we get one bill after another that creates more agencies, delivers more funding to the very system we fight, and which will produce nothing other than another obstacle to those trying to escape this system of government sanctioned human trafficking.

And where were all your elected officials while this system of human trafficking operates in full view of the public?

Well! They were pretending it was an isolated incident. Not that? Oh! Well they never heard of such a thing. That didn’t work? Ok…how about this one: Let me look into this and I’ll get back to you. (Please don’t sit by the phone and wait for that return call…it isn’t coming.) the excuses elected people come up with are staggering in not only the dishonesty, but also in it’s blatant disregard for human life.

Guardianship never had a noble purpose. It has always been about capturing the vulnerable and taking whatever property or assets they had. It was and is a system populated by otherwise socially unacceptable people from the hearing examiners and guardians and on to the politicians who protect and facilitate this system. This system of human trafficking has always been corrupt and cannot be repaired. There is no “fixing” the probate system. It must be abolished in total. In its place, supported decision making is a viable and worthwhile effort and I am sure we can devise a system that functions far better and equitably than so-called “probate”.

These are just a few of the suggestions I received concerning what needs to occur:

  • Isolation must never be tolerated, allowed, or otherwise used to torture and torment a vulnerable individual.
  • The guardians and attorneys must be prohibited from using the intended victims own funds to attack them.
  • A cap in place on fees and other charges.
  • Petitions for guardianship must be heard in civil courts outside of probate tribunals and a trial by jury allowed
  • Verifiable evidence must be presented for any charges levied.
  • The hearing examiner must not dismiss personal attorneys or medical providers.
  • Guardians should be prosecuted and jailed for human rights abuses and numerous other violations of law and rights.
  • Probate examiners (mistakenly called “judge”in most cases) MUST NOT discard standing POA’s, Trusts, Wills or other legal instruments in order to allow the predator guardian full access to the estate.
  • No one associated with probate has immunity from prosecution for rights violations, estate theft, elder abuse, elder isolation, absence of due process, or other violations of law and rights. They must be prosecuted as any other person.

There is much more that needs to be added. Please send along any items you believe should be added to this list of demands to reign in the corrupt probate system.

In the meantime, review Biderman’s list of techniques and compare it to your case. Let us know what you find.

tsradMJO@protonmail.com

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TENNESSEE COURTS OK’s HIDING LEGAL & FINANCIAL DOCS

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Attorneys & Fiduciaries hid Legal, Accounting, Securities and other Records from Trustees

Nashville, Tennessee­­ | Team Reporting by SPF

Tennessee is now the only the only state in the nation that allows attorneys and financial principals to hide and destroy legal and financial records from others involved in a legal and financial transaction.

Tennessee’s appeals court has upheld a lower-court ruling in a breach of fiduciary duty case involving the accountings for an estate out of Williamson County. The ruling wipes out centuries of black-letter law and makes it legal in Tennessee for attorneys, bankers, brokers, realtors and other fiduciaries to hide legal and financial records from clients, beneficiaries—and the courts.

Williamson County Tennessee Judge James Martin III

The original ruling was made by Judge James G. Martin in a claim involving the accounting for an estate and trusts based in the small town of Leiper’s Fork.

At the federal level, and in all other states, if an attorney or fiduciary hides or destroys legal and financial records, or hides records from their client-beneficiaries, it is considered a breach of fiduciary duty, fraud and/or obstruction of justice.

The ruling from Tennessee’s courts is a seismic shift in their laws and alters what people can expect from the legal and financial professionals they employ—and are subject to—when doing business in the Volunteer state.

A DRILL-DOWN: BIG NAMES TIED TO A SMALL CASE

The case was a simple one with a common theme: The widow of a Tennessee man wanted more money than she had agreed to when she signed the pre-nuptial with her spouse. To get more money, the widow teamed up with her attorney to hide and destroy the records of those assets from the man’s sons, who were trustees and beneficiaries of the estate.

Court records show that the estate itself was relatively small, with less than $200,000 subject to probate. (Many of the family’s assets had been placed into trusts.) More

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