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S 178..Another fluff and buff bill that will NOT protect the elderly from predators

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Marti Oakley

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Reading this bill made it abundantly clear that no one is about to upset the apple cart when it comes the continuing exploitation of vulnerable people at the hands of the BAR Association, The National Guardianship Association, The College of Probate Judges and assorted other stakeholders who have a vested financial interest in keeping this predatory system running.  S 178 contains absolutely not one thing that will stop or hold accountable those who exploit other human beings for financial gain.  This bill is an insult to many of us who have fought against this system for years.

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Dear Senators: Mr. GRASSLEY(for himself, Mr. BLUMENTHAL, Mr. TILLIS, Ms. KLOBUCHAR,

Mr. CORNYN, Mr. LEAHY, Mr. BENNET, and Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary :

https://www.judiciary.senate.gov/imo/media/doc/S.178.pdf

S 178 To prevent elder abuse and exploitation and improve the justice system’s response to victims in elder abuse and exploitation cases.

I have just completed an in-depth examination of S 178 that is supposedly going to finally address the issues of elder exploitation, including financial, emotional and physical abuse and the ongoing theft of assets from the elderly and the disabled, by predators of all kinds. Also at risk are individuals who have inherited or, who stand to inherit trust funds or other financial instruments. Any one can be targeted in this system if a professional predator operating as “guardian” or, “attorney” decides that the victim has assets that can be stolen under the protection of a probate or family court.

Questions that should have been asked, but were not:

Q: Why should being declared a ward of the state render you dead in the law?

A: Because Probate courts become active only upon presentation of the death certificate. The estate is either testate, or intestate. The declaration of “ward” is the defacto death certificate of the living person.

Q: Why is it necessary to immediately strip the living (dead) person of all natural rights and liberties?

A: This stripping of all rights and protections allows the predators and the probate administrator unfettered access to assets. The living (dead) person’s identity is assumed by the predators as are the assets. The victim is now deprived of the right to due process or to mount a defensive action against the predators.

Q: Why is there not one state or federal law, prohibiting the stripping of Constitutional rights and protections especially in the case of probate of the living person?

A: Because all of the statutes are written by the BAR Association and other vested stakeholders such as The National Guardianship Association and the College of Probate Judges. The individual rights have to be taken away to leave them defenseless. Without these protections in place, they have no right to challenge the predators.

Q: What was included in S 178 that could have conceivably been interpreted to address the ongoing assault on elderly individuals targeted, to facilitate the theft of the estate?

A: Nothing

Q: What provisions were included in S 178 for sighting crimes committed against the victims by professional predators? Who would enforce prosecuting those crimes? What enforcement enabling provision was included?

A: NONE

Another bill to make it look like they are doing something

S 178 To prevent elder abuse and exploitation and improve the

justice system’s response to victims in elder abuse and

exploitation cases. More

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Washington D.C.: Anita Bond’s Limitations of Guardianship Amendment Act of 2014

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“Bill 20-710 would amend Title 21 of the DC Official Code to protect the well-being of incapacitated individuals from unreasonable confinement or involuntary seclusion by a temporary, limited, and general guardian;”

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TS Radio with guest: Linda Kincaid

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 painy

Join us at 7:00 pm CST!

Call in# 917-388-4520

We will take calls the last half hour of the show. 

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Linda Kincaid, MPH is nationally recognized as an authority on civil rights of the elderly and disabled.  She has presented training at conferences across the country.  At the Aging in America conference in March, Linda will present a 90-minute workshop on Isolation: Elder Abuse in Long-term Care.

Tonight, Linda will discuss two cases of elder abuse by Public Guardians in California.  ABC7 in San Francisco recently covered the story of Reta Cook, who fled the Santa Clara County to escape conservatorship.  Although Reta was no longer in the county, the Public Guardian continued deplete her assets for services that were not provided.  Listeners are encouraged to view the segment and post their comments to the story.

Linda will introduce listeners to the Margarita Zelada conservatorship in Monterey County.  While visiting her daughter in Pacific Grove, Margarita was forcibly taken from the daughter’s home and placed in a facility where she is allowed no visitors.

Advocates pointed out that false imprisonment and forced isolation are violations of Margarita’s civil rights.  The Public Guardian retaliated by going to court to strip Margarita’s right to have contact with advocates.

The Public Guardian recently filed a motion that could permanently strip Margarita’s right to have any contact with her daughter.  The motion appears to be retaliation for continued media coverage of the civil rights violations.

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http://www.blogtalkradio.com/marti-oakley/2014/01/13/ts-radio-with-guest-linda-kincaid

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Florida is a Zero-Tolerance State for Human Trafficking? Not really!

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new-logo25Marti Oakley               (c)copyright 2012 All Rights Reserved

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Florida zero-tolerance for human trafficking intentionally omits professionals who prey on the elderly for profit.

In tracking the rampant organized criminal activity across the country with regards to the abuse of elderly individuals [with assets] who are targeted by professional predators working within the probate system, Florida jumps to the forefront in the abuse, exploitation, and looting of personal assets of the info 2elderly. While Florida may have been at one time, the most desired state to retire to, it is now the preferred hunting grounds of professional predators who operate within and with the cooperation of the probate court system. This is human trafficking for profit.

From the Attorney General’s website:

“Contrary to some misconceptions, human trafficking crimes do not require any smuggling or movement of the victim,” says the Department of Justice on its website.

Florida’s status as a hub for human trafficking has state officials pushing a “zero-tolerance” policy toward criminals who exploit others for profit.

“It’s important to me because this is a crime against humanity, it’s truly modern-day slavery,” State Attorney General Pam Bondi said in an interview.

These should be comforting and reassuring words, and for the most part I presume that most find them so. Still, I wonder why Attorney General Bondi refuses to even acknowledge another form of human trafficking rampant not only in Florida, but across the nation. The trafficking of the elderly who committed what must be the new crime of, aging with assets. This is also a massive crime against humanity and which not one attorney general in the United States, including the US Attorney General, Eric Holder, will address.

Human trafficking professionals

Human trafficking affects human beings of all ages under numerous guises. We are all familiar with the global sex trade involving men, woman, and children, both male and female, of all ages. Florida it seems is a hot bed of human trafficking and not all of it is for sexual exploitation. In the mix of perverts, pedophiles, sadists, rapists and torturers and willing traffickers is a little known group of active predators known as professional fiduciaries, attorneys and probate judges whose stock and trade is the trafficking of the elderly w/assets] with one objective: looting the estates of the elderly while violating the civil rights of the targeted individual and regardless of the emotional or physical cost to the victim. These known predators are at work in every state targeting individuals under the guise of “protection” and then availing themselves of the victims assets.

Florida is not an isolated incident of elder abuse for profit. The GAO reports that across the nation, predatory fiduciarys steal an estimated 2.6 billion annually from aging seniors, laying claim to estates and all the financial and personal assets of the now imprisoned and isolated victim. Adult Protective Services, a national collection of state agencies, is supposedly there to protect vulnerable adults from abuse, neglect, exploitation and other threats. Instead, it is predicated upon a quota system that is directly linked to their agency expenses. Federal and state funding is formulated based on the number of victims claimed as “clients” in every quarter. And each and every quarter the quota is increased.

If the real intentions of APS was to protect vulnerable adults or the elderly, the streets are full of homeless people of all ages who need help.  These agencies step over these individuals to get to those who have assets and who can be exploited for profit”. Quote: Linda Kincaid, Elder Advocate, California) More

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