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Death via probate court: An American Horror Story

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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. More

Guardianship: Legally Imposed Slavery?

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 Laura Francais-Eugene

“If you think a guardianship situation cannot be the equivalent of legally imposed slavery, ask 78-year-old Margaret Carson, an African-American woman residing in Washington, DC. She is lively, alert, in full control of her faculties. Her only vice (in the eyes of the manager of the Ashbury Dwellings senior housing complex where she lives) is that she has too many mementos in her apartment of her five children, all of whom she outlived.”

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As human beings, we live in a world of relationships. There are, of course, hundreds or even thousands of relationships we can name to describe how one person relates to another: parent-child; employer-employee; landlord-tenant.

Relationships take place within the context of a situation – in other words, how one person is situated in regard to another person, as we compare their roles, their rights, their power and obligations – legal, moral and otherwise. For example, the parent-child relationship takes place within the context of the Family or Familial relationship. Bosses and workers relate to each other in the contact of an Employment relationship. Landlords and tenants are acquainted over the matter of property usage. And as mentioned, rights and obligations and powers are assigned to each of the participants by our society’s laws and traditions.

Two other situations in which human beings “relate” to each other – one, thankfully, is largely historic and passé in terms of its place in society. The other is – perhaps unfortunately – very modern and quietly, even at times insidiously prevalent in society.

The first situation is a word we are all familiar with – “slavery”. The relationship is that of master-to-slave. The second situation is something modern mechanisms of law calls “guardianship,” and the relationship there is Guardian-to-Ward, or sometimes Trustee-to-Trustor.

I looked-up both words in Black’s Law Dictionary. That reference book describes “slavery” as a situation – a relationship between human beings – in which one person has absolute power and control over the property, the fortunes, and even the life of another person, at the Master’s discretion, for the Master’s pleasure or benefit, and with all the rights and powers in the hands of the Master to do as he pleases. More

Human Trafficking: Guardianship abuse continues nation wide

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TS Radio

Join us Sunday, August 26th, 2012 at 7:00 CST! More

TS Radio: Elder Abuse & Isolaton of Gisela Riordan in San Jose

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Join us August 14th, 2012 at 7:00 CST! More

Dorothy Wilson: another New york victim of predatory guardianship

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National Association to Stop Guardianship Abuse (NASGA)

 

Dorothy Wilson is 85 years old and suffers from early dementia. She is not a stroke victim or in a wheelchair, and she does not need to be washed or bathed. She cleans and cooks for herself.   

I applied for guardianship in December, 2008, but my siblings fought this.  In March, 2009, a geriatric “care” manager and guardian were assigned to my mother and she was declared incapacitated.  An order was issued for an aide in her home 24/7, but soon arrangements were made for Mom to stay with family on weekends.  Restricted pickup and return times were ordered, and although I requested relief many times, but the judge refused to allow it. His decision was based on the care manager’s assertion that 9am on a Saturday to pickup and 9am on a Monday to return is the only time the agency, Home Companion Services of Port Jefferson, will allow.      

One aide soon became Mom’s friend and confidant. On September 15, 2009, the care manager  went to my mother’s house with a new aide that does not drive, and ordered the other aide to leave or she would call the police. Mom insisted she did not want Cheri to leave and she was threatened as well.  The guardian claimed she did this for my mother’s “safety” although nothing had happened.   

The court has refused to allow my mother to stay with family additional days when someone is available, which is what she wants, and would save her thousands of dollars in agency fees. No one listens to her or respects her wishes. After Mom complained to me and her attorney about the violation of her privacy and HIPPA rights, her attorney advised the judge via letter on October 30, 2009. False allegations were then made against me by the guardian and the care manager. On November 10, 2009, the guardian mailed a letter to me stating that I violated the court orders prohibiting anyone from discussing costs with Mom and she imposed supervised visitation.  More

TS Radio — Guardianship Abuse

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Tuesday evenings at 7:00 CST! More

Human trafficking: It ain’t just for sex anymore

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Marti Oakley (c)copyright 2011 All Rights Reserved

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“Again, once this “guardianship” has been sanctioned by the cooperating probate judge, the victim loses all rights of any kind whatsoever and is for all intents and purposes “dead in the law”.  The guardian/conservator now legally owns the victim and can avail themselves of all of the victim’s assets of any kind. ”

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When we think of human trafficking most of us immediately assume that this occurs only in the arena of sexual exploitation.  At some point in time this may have been true.  Today, human trafficking encompasses many forms and there is not one of us who can safely assume that we would somehow be exempt from any type of human trafficking.  

While the sexual exploitation and trafficking for the purposes of sex is often highlighted in MSM, rarely do they ever report on the trafficking that occurs courtesy of our courts, unscrupulous politicians and yes, even those demi-gods….doctors, therapists and psychiatrists.  There is money to be made exploiting the vulnerable, the sick, the weak, the aging (with assets) and even children who have been unfortunate enough to become wards of the state and forced into foster care.  While sexual activity may not be the cause and concern in these instances, what happens to these individuals is no less a form of human trafficking for profit. 

In each of the above stated groups, the trafficking of human beings for profit is facilitated by social service agencies, corrupt probate courts, and family courts.  To be declared a “ward of the state”, is to be housed by, and to receive necessities and protection of the government.  It also means to lose any and all rights of any kind, whatsoever.  The “state” now owns what has become a chattel property and may do with that property whatever it desires to do.  This oftentimes includes a form of leasing out the ward for pharmaceutical experimentation and profit, as was exposed in Florida and Alaska, just to name two, over the last several years resulting in the exposure of massive Medicaid fraud as foster children are routinely forced to take off-label high gear psychotropic drugs and vaccines.  In a May, 2009 article, :author Evelyn Pringle notes:

“It is hard to come up with an adjective that adequately conveys the horror this is inflicting on America’s children and youth. Suffice it to say that when the country wakes up to the carnage this has caused, it will be recognized as the largest iatrogenic (doctor caused) public health disaster in history.”

These days, it seems more evident that the concern for children is not so much their safety and well-being, but rather; How much are they worth in the foster care system?  As with our public school systems, big pharma is more than willing to pay for every child added to the forced drugging programs. 

Trafficking of the elderly (with assets) More

Protected: Washington State: The predatory guardianship of Dorothy Grega

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Granny-knapping: One Iowa family fights to free their mother from a predatory guardianship

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Marti Oakley

Predatory Guardianships

This story recounted below,  is being repeated across the country in every state of the union as predatory guardians, with the aid of banks, attorneys and corrupt courts and police departments,  prey on the elderly.  Using the aid of the courts, and numerous violations of due process, civil rights and violating many laws, the elderly are being virtually kidnapped from their homes, isolated from family and friends and declared incompetent.  Once this process is set in motion with the sanction of the courts, the theft of the estate begins.  Everybody gets a piece of the pie while the victim….now held prisoner in a participating nursing home or other facility, is drugged, isolated and held against their will.

Think this can’t happen in America?  We got laws, right?  Yes we do, but the courts have decided they can make their own and are not obliged to honor those pesky laws or the rights of the people victimized by them.

This is one Iowa family’s short history of the kidnapping and imprisonment of their mother as “the Team”, comprised of bankers, attorneys and a predatory guardian attempt to seize and liquidate the assets of the woman they now hold hostage.

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Dorothy Driesen, a 90 year old widowed Mother, has had her estate taken  away from her by court decree and forced to reside at a nursing home that has had multiple felony accounts charged against it in 2003. 

The judge took our Mother into his chamber, asked her a few questions and then declared her incompetent, fired her son as Trustee,  appointed a bank to be her new Trustee and set a court appointed guardian over her.  All of this happened within one days time upon the filing of court documents by the wannabe guardian and friend of the court. More

The Probate Murders: Part Two Melodie Scott and the State of California–In the Business of Death?

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Janet Phelan (c)copyright 2010-2011 All Rights Reserved

WEBSITE: JanetPhelan.com

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“Oceania is not at war with East or Eurasia.
Oceania is at war with you.”—George Orwell, “1984”

“THIS CAN’T HAPPEN HERE”

On a quiet tree-lined street in Redlands, California, in a low, architecturally unremarkable beige building, the war has come home. Nestled behind the Redlands Police Department, the Redlands Superior Courthouse is housing a systematic and covert assault on the lives and life-savings of San Bernardino County’s elderly and disabled.
A smiling, bespectacled security officer, sporting a platinum blonde ponytail, runs the visitors through a metal detector as they enter. One walks into a lobby area, with two courtrooms off to the side: Department E1 and Department E2. Only traffic and probate are now heard in the Redlands Court. At the far end are the filing windows, where smiling and attentive clerks will retrieve files and accept court filings. In the California Superior Court system, one must pay a filing fee in order to enable the court to dismantle one’s life and estate. More

HOW A FRAUDULENT GUARDIANSHIP COMMENCES AND CONTINUES

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Guest Author: Angela V. Woodhull,Ph.D.

© 2010-2011, Angela V. Woodhull, Ph.D.  All rights reserved.*

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“A large part of the victim’s money is spent on attorney’s fees and guardian’s fees.  As long as there is ample money in the victim’s guardianship account, the guardian and her attorney cohorts will file motion upon motion after motion to the courts,”

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STEP ONE—“EMINENT DANGER”—THE INITIAL COURT       PETITION

The professional guardian, with the assistance of her attorneys, commences the embezzlement process by filing an emergency petition in the probate courts to become the “emergency” “temporary” guardian

Florida guardianship statutes, like many states, (Chapter 744) require that there be an “eminent danger” in order for the petitioner to become the “emergency temporary guardian.”

The guardian oftentimes fabricates the “eminent danger” by , stating that there is a neighbor or relative or stranger who is taking advantage of the elderly person.  In some cases, this may be a somewhat true statement, albeit an exaggerated claim.  In most cases, upon further investigation, there has been no “eminent danger” whatsoever.

Step One takes away all of the victim’s civil rights and therefore gives the guardian and her attorneys full control over the victim and his or her assets.

STEP TWO—THE EXAMINING COMMITTEE   More

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