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Is Guardianship Simply the “Legalization” of Slavery?

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Angela V. Woodhull, Ph.D. /licensed private investigator

© 2011 AV Woodhull

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“since the Thirteenth Amendment abolished slavery and slave codes, how is that guardianship codes that are identical to slave codes can possibly be legal? “

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The United States is a country that legalized slavery for more than 300 years through its United States Constitution, United States Supreme Court, and individual state slavery codes.    Any country that has legitimized an institution, such as slavery, will certainly have remnants of that philosophy in its present day thinking.

Enter United States Guardianship—a system of legally stripping a person of his or her civil rights without due process.  In fact, the similarities between the U.S. Slave Codes and the U.S. guardianship statutes are striking.

Slave Codes and Guardianship Codes

1.     Slaves were denied rights and coercion was used to maintain the slavery system (Noel, 1972).

“Wards” are denied rights and coercion is used to maintain the guardianship system.  For example, “wards” are frequently isolated from their family members and friends.

(See, for example, Order Setting Visitation Conditions in the case of The Guardianship of Louise A. Falvo 08-GA-0509, Seminole County, Florida)  No one except the guardian was permitted to visit Louise A. Falvo unless the guardian was present and watching and being paid for being present and watching.  

2.A slave could not legally buy or sell anything.

A “ward” cannot legally buy or sell anything.  

3.  A slave could not marry

A “ward” cannot marry. More

TS Radio: Guardianship abuse, A personal experience

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Join us Monday evening at 7 CST More

Elder Abuse/Guardian Abuse: unsanitary conditions in Nursing Homes

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Claudia Donnelly/Guest Author

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“Mom was a victim.   I am a victim.  Please protect your elderly parents from elder abuse/guardian abuse and unsanitary conditions in nursing homes.”

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My parents established a living trust win 1997 for their care in their senior years for my siblings  me. My dad got Multiple Myeloma and told my siblings about the trust in 2003.  I was never told.  Mom had the beginning of dementia.  My parents had 2 acres in the Renton area.

Dad checked himself into a care facility to get the medicine he needed.  My siblings decided that I was to take care of mom  — I was to be the Little Red Hen.  I would do all of the work — but get none of the rewards. The work included taking care of her, the house and property and her geese.  She loved animals and her trees and her flowers. More

California Guardianship Abuse: A systemic violation of civil,economic and social human rights.

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Janet Phelan:  Contributing Author
Personal Account

Website:  JanetPhelan.com

“With a Judge issuing Restraining Orders for life saving efforts by a loving daughter, then depriving the restrained party to her legal right to a hearing, it was felt that Amalie would have a better chance with a jury than with this obviously corrupt judge.”

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All documents referred to in this letter can be obtained by contacting Ms. Phelan through her personal website.  It is interesting to note that the California Professional Fiduciary Bureau has refused to acknowledge receipt of Ms. Phelan’s documents.  Refusing receipt allows them to withhold a document locator number.  No Receipt, no locator number……plausible deniability.  Damn handy system they have in California!

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Amalie Phelan—RIP 080974

As a reporter, I have researched and written a number of articles detailing the unscrupulous “business practices” of conservator Melodie Z. Scott and her attorney, J. David Horspool. The articles, published in the San Bernardino County Sentinel and elsewhere, are available in the Sentinel’s archives and elsewhere on the web. This particular document shall constitute my own statement as to what transpired in the conservatorship of my mother, Dr. Amalie Phelan under the reins of Melodie Scott. While on the surface this appears to be a “civil” matter, it is anything but. As my research into her practices has indicated, Melodie Scott has been euthanizing her clients and stealing their money with the full sanction of the justice system, possibly for decades. Due to the complicity of all those assisting Scott (either by commission or omission)—Bar certified attorneys, judges, police, Adult Protective Services, the California Department of Justice and the FBI—this qualifies as a systemic violation of civil, economic and social human rights. 

Given the nature and scope of systemic complicity and the fact that cases of this nature cannot be presented to the U.S. Supreme court it is clear that there is no access to remedy or justice within U.S. domestic law. Melodie Scott does not act alone. We have a system in place which sanctions these crimes against the lives and property of U.S. citizens. I submit that my mother was systemically victimized to death. 

My mother, Dr. Amalie Phelan, first visited Attorney Horspool in the fall of 2001. My sister, Judith Phelan, had been residing with my widowed mother. After Dad died in 1997, my mother and I discovered that my sister Judith Phelan had begun stealing from the family estate, at one time valued at approximately $1 million dollars. In an effort to curtail the hemorrhaging of the estate by my sister, and reluctant to initiate criminal proceedings against her, my mother and I approached J. David Horspool, seeking a fiduciary to help handle the funds of my mother, who was in her eighties. Horspool requested payment of $5000 for his services in locating a fiduciary and was so paid.  More

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

Announcing Guardianship Shield Program

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 PPJ supports  Guardianship Shield Program

To join the Guardianship Shield Program please send an email with the header “Shield” to ShieldCoordinator@live.com  This e-mail address is being protected from spambots. You need JavaScript enabled to view it  

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Guardianship abuse has reached the level of a national epidemic. Those whose family members have been abused by a guardian quickly find that there is often no legal redress. The Guardianship Shield program is designed to actívate a national network of human rights members who will take constructive action to protect the vulnerable person.

The Guardianship Shield  is a proactive, grassroots program which issues human rights alerts concerning individuals at risk for problematic or coercive guardianship practices.  These alerts go out to all the GS members and to human rights groups. The GS members agree to contact the parties and institutions involved in initiating the actions in question and advise these parties of their concerns.  The GS members also agree to contact local media in an effort to raise public awareness of specific incidents of guardianship abuse. 

The issues that the Shield program addresses : More

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